Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 58Bancroft-Whitney, 1923 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 17
... action for the equitable relief de- manded . [ 1 ] The action is one for the specific performance of the alleged contract whereby Hattie McIntire agreed that she would by will , in consideration of the performance of the alleged ...
... action for the equitable relief de- manded . [ 1 ] The action is one for the specific performance of the alleged contract whereby Hattie McIntire agreed that she would by will , in consideration of the performance of the alleged ...
Page 20
... action , " and that the " complaint does not state facts suffi- cient to constitute a cause of action " ; that the court over- ruled the demurrer and the defendant answered , alleging " that the court has no jurisdiction of the person ...
... action , " and that the " complaint does not state facts suffi- cient to constitute a cause of action " ; that the court over- ruled the demurrer and the defendant answered , alleging " that the court has no jurisdiction of the person ...
Page 21
... action " when it is objected at the trial , and appears by the evidence , that the action is brought in the wrong county , or township , or city . " In 1905 , subdivision 4 was amended to provide for a dismissal " when the action is ...
... action " when it is objected at the trial , and appears by the evidence , that the action is brought in the wrong county , or township , or city . " In 1905 , subdivision 4 was amended to provide for a dismissal " when the action is ...
Page 51
... action for damages for false representations sustained in connection with a real estate trade into which plaintiff was induced to enter through the fraudulent representations of the defendant , it was not necessary to find the value of ...
... action for damages for false representations sustained in connection with a real estate trade into which plaintiff was induced to enter through the fraudulent representations of the defendant , it was not necessary to find the value of ...
Page 70
... ACTION TO RECOVER ALLEGED BALANCE - PAYMENT— BURLEN OF PROOF EVIDENCE . - In this action to recover a balance alleged to be due under a contract entered into between defendant and plaintiff's intestate , having admitted the amount of ...
... ACTION TO RECOVER ALLEGED BALANCE - PAYMENT— BURLEN OF PROOF EVIDENCE . - In this action to recover a balance alleged to be due under a contract entered into between defendant and plaintiff's intestate , having admitted the amount of ...
Other editions - View all
Common terms and phrases
action affirmed agreement alleged amendment Appellate District attorney authority automobile bill of exceptions board of supervisors cause heard charged Cheda Civil Procedure claim Code of Civil Company complaint constitute contention contract contributory negligence corporation County court of appeal criminal cross-complaint damages deceased deed defendant defendant's district attorney district court dollars evidence execution facts fendant filed finding instruction Judge judgment jurisdiction juror jury Justices present concurred land last clear chance lease liquor Los Angeles County Mendocino County ment mortgage motion opinion owner Pacific Electric Railway party payment person petition petitioner plaintiff possession premises pro tem proceeding promissory note prosecution purchase question reason record refused Respondent school district statute sufficient Superior Court supreme court testified testimony therein thereof tion trial court trust vendees verdict wharf witness writ
Popular passages
Page 500 - No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose...
Page 346 - ... at the expiration of the said term, or other determination of this lease, the said party of the second part will quit and surrender the premises hereby demised in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted...
Page 291 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 128 - ... 10. The opinion of a subscribing witness to a writing, the validity of which is in dispute, respecting the mental sanity of the signer; and the opinion of an intimate acquaintance respecting the mental sanity of a person, the reason for the opinion being given; 11.
Page 590 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 389 - If the transcript of the record or appellant's points and authorities be not filed within the time prescribed, the appeal may be dismissed on motion, upon notice given. If the transcript, or the points and authorities, though not filed within the time prescribed, be on file at the time such notice is given, that fact shall be sufficient answer to the motion.
Page 305 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Page 114 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.
Page 422 - The sole question presented by the appeal is whether or not there is sufficient evidence in the record to support the finding of the trial court that Perry's marriage to respondent was legal.
Page 707 - In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.