Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 7Bancroft-Whitney, 1909 - Law reports, digests, etc |
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Results 1-5 of 96
Page 109
... pleaded and found as an ultimate fact , but it is equally true that it may be pleaded as a conclusion of law , and may be determined by the court as such a conclusion and not a fact . ( Levins v . Rovegno , 71 Cal . 273 , [ 12 Pac . 161 ] ...
... pleaded and found as an ultimate fact , but it is equally true that it may be pleaded as a conclusion of law , and may be determined by the court as such a conclusion and not a fact . ( Levins v . Rovegno , 71 Cal . 273 , [ 12 Pac . 161 ] ...
Page 110
... pleads an extinguishment by nonuser of the servitude imposed upon its property by the deed , " Exhibit A. " Taking all the findings together , it is apparent that the question of ownership in this case was determined by the trial court ...
... pleads an extinguishment by nonuser of the servitude imposed upon its property by the deed , " Exhibit A. " Taking all the findings together , it is apparent that the question of ownership in this case was determined by the trial court ...
Page 134
... pleaded . The question involved in the Fairbanks case , supra , was as to the expense incurred in the pursuit of the property . In the Livestock etc. case , the action was for the recovery of the possession of the property with damages ...
... pleaded . The question involved in the Fairbanks case , supra , was as to the expense incurred in the pursuit of the property . In the Livestock etc. case , the action was for the recovery of the possession of the property with damages ...
Page 150
... PLEADING - UNVERIFIED COMPLAINT BY AS- SIGNOR DEMURRER TO ANSWER IMPROPERLY SUSTAINED . - In an ac- tion for goods ... plead as many defenses as he had , though they may be inconsistent ; and an admission made in the affirmative defense ...
... PLEADING - UNVERIFIED COMPLAINT BY AS- SIGNOR DEMURRER TO ANSWER IMPROPERLY SUSTAINED . - In an ac- tion for goods ... plead as many defenses as he had , though they may be inconsistent ; and an admission made in the affirmative defense ...
Page 151
... pleaded , ending with a demand for judgment , it is difficult to see upon what theory the demurrer was sustained ... plead as many defenses as he had ( Code Civ . Proc . 441 ) , even though they were incon- sistent with each other ...
... pleaded , ending with a demand for judgment , it is difficult to see upon what theory the demurrer was sustained ... plead as many defenses as he had ( Code Civ . Proc . 441 ) , even though they were incon- sistent with each other ...
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Common terms and phrases
adverse possession affidavit affirmed alleged amended answer application bill of exceptions cause of action charged Civil Procedure claim Code of Civil Company complaint concurred contract corporation damages deceased declared deed defendant defendant's demurrer district attorney easement election Emily G entitled error evidence execution facts favor fendant filed finding fraud Fresno county granted grantor ground habeas corpus held homestead indictment injury instruction judge judgment and order jurisdiction juror jury land lease lien Los Angeles County ment mortgage motion negligence notice objection opinion order denying owner paid party payment Penal Code person petition petitioner plaintiff pleaded possession premises prior prosecution purchase question quiet title reason record refused Respondent rule statute sufficient Superior Court supreme court sustained testified testimony therein thereof tion trial court trust unlawful verdict witness writ
Popular passages
Page 253 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Page 68 - ... the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant...
Page 192 - 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 332 - Fear, such as will constitute extortion, may be induced by a threat : 1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or to any member of his family ; or 2.
Page 652 - The voluntary appearance of a defendant is equivalent to personal service of the summons and copy of the complaint upon him.
Page 248 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt...
Page 202 - The homestead is subject to execution or forced sale in satisfaction of judgments obtained: 1. Before the declaration of homestead was filed for record, and which constitute liens upon the premises. 2. On debts secured by mechanics, contractors, subcontractors, artisans, architects, builders, laborers of every class, materialmen's or vendors
Page 292 - The declaration of homestead must contain: 1. A statement, showing that the person making it is the head of a family, and, if the claimant is married, the name of the spouse; or when the declaration is made by the wife, showing that her husband has not made such declaration and that she therefore makes the declaration for their joint benefit; 2. A statement that the person making it is residing on the premises, and claims them as a homestead; 3.
Page 364 - That the testimony of an accomplice ought to be Viewed with distrust, and the evidence of the oral admissions of a party with caution.
Page 147 - The vital principle is, that he who, by his language or conduct, leads another to do what he would not otherwise have done, shall not subject such person to loss or injury by disappointing the expectations upon which he acted.