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 6
... ment to be served upon the attorney for the adverse party , such formal written notice may be waived . Such waiver may appear , as declared in Mallory v . See , 129 Cal . 356 , 359 [ 61 Pac . 1123 ] , from some act of acquiescence of ...
... ment to be served upon the attorney for the adverse party , such formal written notice may be waived . Such waiver may appear , as declared in Mallory v . See , 129 Cal . 356 , 359 [ 61 Pac . 1123 ] , from some act of acquiescence of ...
Page 7
date , of a formal written notice of the entry of judg- ment . And since the notice of intention to move for a new trial was not filed until February 25 , 1921 , the court had no jurisdiction to hear the motion , and , there- fore , the ...
date , of a formal written notice of the entry of judg- ment . And since the notice of intention to move for a new trial was not filed until February 25 , 1921 , the court had no jurisdiction to hear the motion , and , there- fore , the ...
Page 19
... ment on a Justice's Court appeal . Denied . The facts are stated in the opinion of the court . G. C. Allen and A. H. Carpenter for Petitioner . FINCH , P. J. - Petitioner asks this court to review the proceedings in the superior court ...
... ment on a Justice's Court appeal . Denied . The facts are stated in the opinion of the court . G. C. Allen and A. H. Carpenter for Petitioner . FINCH , P. J. - Petitioner asks this court to review the proceedings in the superior court ...
Page 28
... ment or the citation of authorities that in naturalization proceedings the United States government exercises sover- eign functions which exclusively belong to that govern- ment , and further that , in authorizing the state courts to ...
... ment or the citation of authorities that in naturalization proceedings the United States government exercises sover- eign functions which exclusively belong to that govern- ment , and further that , in authorizing the state courts to ...
Page 49
... ) provides that the negotiable character of an instru- ment otherwise negotiable is not affected by a provision 58 Cal . App . - 4 which " gives the holder an election to require something May , 1922. ] 49 PEOPLE'S BANK v . PORTER .
... ) provides that the negotiable character of an instru- ment otherwise negotiable is not affected by a provision 58 Cal . App . - 4 which " gives the holder an election to require something May , 1922. ] 49 PEOPLE'S BANK v . PORTER .
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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.