Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 58Bancroft-Whitney, 1923 - Law reports, digests, etc |
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Page 3
... ground that it had been taken against him through inadvertence , surprise , and ex- cusable neglect . He accompanied his notice with an affi- davit made by himself , wherein , after admitting that his former attorney had received due ...
... ground that it had been taken against him through inadvertence , surprise , and ex- cusable neglect . He accompanied his notice with an affi- davit made by himself , wherein , after admitting that his former attorney had received due ...
Page 23
... ground upon which the appeal is predicated is that the court below , in passing upon the evidence , abused its dis ... grounds : " First , that the court has no jurisdiction of said appeal ; second , that the order at- tempted to be ...
... ground upon which the appeal is predicated is that the court below , in passing upon the evidence , abused its dis ... grounds : " First , that the court has no jurisdiction of said appeal ; second , that the order at- tempted to be ...
Page 26
... ground that the same was procured by fraudulent representations and means . However , the court took occasion to say in that case : " Op- position to the granting of a petition for naturalization may prevail , because of objections to ...
... ground that the same was procured by fraudulent representations and means . However , the court took occasion to say in that case : " Op- position to the granting of a petition for naturalization may prevail , because of objections to ...
Page 37
... ground that these counts failed to state facts sufficient to constitute a public offense . The part of the first count of the information which is under criticism in this regard reads as follows : " that the said John R. Crowley . was ...
... ground that these counts failed to state facts sufficient to constitute a public offense . The part of the first count of the information which is under criticism in this regard reads as follows : " that the said John R. Crowley . was ...
Page 38
ness in the pleading . Therefore , we conclude that as to this ground the judgment must be sustained . What we have said as to the first count applies also to count No. 3 in so far as the objection to the introduction of evidence is con ...
ness in the pleading . Therefore , we conclude that as to this ground the judgment must be sustained . What we have said as to the first count applies also to count No. 3 in so far as the objection to the introduction of evidence is con ...
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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.