Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 6Bancroft-Whitney Company, 1908 - Law reports, digests, etc |
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Common terms and phrases
adverse possession affidavit affirmed agreement alleged amendment answer application assessment attorney averments bank cause of action certificate Civil Procedure claim Code of Civil Company complaint concurred consideration constitution contract corporation court of equity damages deceased declared deed defendant defendant's demurrer determine district El Dorado county entitled equity evidence execution facts fendant filed finding fraud George D granted husband indorsed instruction issue Judge jurisdiction jury land lease marriage ment motion negligence notice opinion order denying owner paid party payment person petition petitioner Placer County plain plaintiff possession premises presumption proceedings provisions purchase question quiet title reason record refused Respondent rule Shasta County statute sufficient Superior Court supreme court sustained testified testimony therein thereof thereto Third Appellate tiff tion trial court verdict wife witness writ writ of mandate
Popular passages
Page 292 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 538 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 741 - On this day of 19 before me, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same.
Page 713 - The court below made a finding of the subordinate and evidential facts, bearing upon the question of the negligence of the defendant, and the contributory negligence of the plaintiff...
Page 238 - No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.
Page 247 - The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person...
Page 844 - Applications for change of place of trial on the ground of convenience of witnesses are addressed to the sound legal discretion of the trial court, and its action will not be disturbed upon appeal unless it clearly appears that there has been an abuse of that discretion.
Page 598 - If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries, and recover the reasonable value thereof from the parent.
Page 8 - ... to license all and every kind of business not prohibited by law, and transacted and carried on within the limits of their respective jurisdictions, and all shows, exhibitions, and lawful games carried on therein, to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise...
Page 372 - The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in dispute, must account for the appearance or alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or otherwise properly or innocently made, or that the alteration did not change the meaning or language of the instrument. If he do that, he may give...