Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 34Bancroft-Whitney, 1918 - Law reports, digests, etc |
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Page 20
... rules under which they should consider his testimony . This instruction the court did not give , but stated the same rules in its instructions given to the jury as to how they should weigh the testimony of all witnesses . This case will ...
... rules under which they should consider his testimony . This instruction the court did not give , but stated the same rules in its instructions given to the jury as to how they should weigh the testimony of all witnesses . This case will ...
Page 46
... rule of the nonassignability of choses in action based upon damages arising out of torts , and the rule in this state and in other states now appears to be that such claims may be assigned , without at the same time assigning an inter ...
... rule of the nonassignability of choses in action based upon damages arising out of torts , and the rule in this state and in other states now appears to be that such claims may be assigned , without at the same time assigning an inter ...
Page 47
... rule in respect of the assignability of choses in action down to the enactment of said section was the common - law rule . There was ample support in the testimony for the findings . R. L. Hargrove , local manager of the defendant ...
... rule in respect of the assignability of choses in action down to the enactment of said section was the common - law rule . There was ample support in the testimony for the findings . R. L. Hargrove , local manager of the defendant ...
Page 49
... rule of care , " which is " ordinary or reasonable care , ' as stated in 1 Thompson on Negligence , section 707 , " may be discharged by slight attention in some cases , and it may re- quire the most exacting and unremitting attention ...
... rule of care , " which is " ordinary or reasonable care , ' as stated in 1 Thompson on Negligence , section 707 , " may be discharged by slight attention in some cases , and it may re- quire the most exacting and unremitting attention ...
Page 51
... rule , announced in Shearman and Redfield on Negligence , section 89 , is approved and applied : " In cases where a party is suddenly put in a position of peril by the negligent act of another , without sufficient time to con- sider all ...
... rule , announced in Shearman and Redfield on Negligence , section 89 , is approved and applied : " In cases where a party is suddenly put in a position of peril by the negligent act of another , without sufficient time to con- sider all ...
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Common terms and phrases
affidavit affirmed agreement alleged amended amount Appellate District.-September application cause heard cause of action charged Civil Code Civil Procedure claim Code of Civil commission Company complaint concurred Constitution contention contract corporation County court of appeal cross-complaint damages decree deed defendant defendant's district attorney district court entitled evidence executed facts fendant filed finding foreclosure hundred dollars injury instruction Judge judgment jurisdiction jury land lease lessee lien ment misconduct mortgage motion notice opinion order denying owner paid parties payment person petition petitioner plaintiff possession premises proceeding prosecution question quiet title reason received record Respondent San Joaquin County Second Appellate statement Stats statute street sufficient Superior Court supreme court testified testimony therein thereof tion trial court trust unlawful detainer verdict Vermont Avenue witness writ writ of mandate
Popular passages
Page 174 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 318 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 791 - In all other cases, the action must be tried in the county in which the defendants, or some of them, reside at the commencement of the action...
Page 184 - When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee or his heirs or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, shall have been recorded in the office of the county recorder of the county where the property is situated.
Page 254 - When the judgment is for the sale of mortgaged premises, and the payment of a deficiency arising upon the sale, the undertaking must also provide for the payment of such deficiency.
Page 201 - No street, in the City of Los Angeles, County of Los Angeles, State of California...
Page 337 - That in all Acts Words importing the Masculine Gender shall be deemed and taken to include Females, and the Singular to include the Plural, and the Plural the Singular, unless the contrary as to Gender or Number is expressly provided...
Page 254 - If the judgment or order appealed from direct the sale or delivery of possession of real property, the execution of the same shall not be stayed, unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit or suffer to be committed...
Page 791 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 90 - The court may in its discretion dismiss any action for want of prosecution on motion of the defendant and after due notice to the plaintiff, whenever plaintiff has failed for two years after action is filed to bring such action to trial.