Reports of Cases Determined in the Supreme Court of the State of California, Volume 88Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Common terms and phrases
affidavit affirmed agreement alleged amended amount answer appeal application bonds Bonebrake cause of action charge Civil Procedure claim Code Civ Code of Civil complaint concurred contract corporation creditors debt deceased decree deed defendant demurrer district entitled equitable error evidence execution facts fendant filed finding fraud GAROUTTE granted ground guilty habeas corpus hundred dollars imprisonment irrigation issue judge judgment and order jurisdiction juror jury Kewen land lease lien mechanic's lien ment misjoinder mortgage motion notice objection opinion order denying owner paid parties payment Penal Code person petition petitioner plaintiff pleadings possession premises proceedings purchase purpose question quiet title quitclaim deed record recorder's court Respondent rule San Francisco statute sufficient superior court testimony thereof thousand dollars tiff tion tract trial verdict void witness writ
Popular passages
Page x - ... decision shall be stated. The chief justice may sit in either department, and shall preside when so sitting, but the justices assigned to each department shall select one of their number as presiding justice. In case of the absence of the chief justice from the place at which the court is held, or his inability to act, the associate justices shall select one of their own number to perform the duties and exercise the powers of the chief justice during such absence or inability to act.
Page 155 - And the said applicant hereby covenants and agrees to and with the said company, that the foregoing is a just, full, and true exposition of all the circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant, and are material to the risk.
Page ix - The Chief Justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the court to be heard and decided by the court in bank.
Page 589 - Magnetic Dentures' the total amount paid therefor aggregating $71.25; that he further alleges that he has discontinued such purchases and will make none in the future; that the Defendant has no knowledge or information sufficient to form a belief as to whether or not his purchase and use of the items mentioned constituted an infringement of the letters patent of the Plaintiff.
Page 163 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
Page 528 - No law shall be revised or amended by reference to its title, but in such case the Act revised or section amended shall be reenacted and published at length as revised or amended...
Page 436 - Montgomery to convey the demanded premises to her, and that at the same time, and as a part of the same transaction, an agreement was entered into between herself and said Jonas Spect declaring that said conveyance was made as security for the payment Of said promissory note; "that by virtue of...
Page 499 - Materiality is to be determined not by the event, but solely by the probable and reasonable influence of the facts upon the party to whom the communication is due, in forming his estimate of the disadvantages of the proposed contract, or in making his inquiries.
Page 331 - State of California, County of Los Angeles, ss. being duly sworn, says: That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 487 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.