Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 16Bancroft-Whitney Company, 1912 - Law reports, digests, etc |
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Common terms and phrases
admissible affidavit affirmed agreement alleged amended amount answer appeal attorney averments bank beet building cause of action charged Civil Code Civil Procedure claim Code of Civil Company complaint concurred contract corporation creditor crime cross-complaint damages deed defendant defendant's delivered demurrer district district attorney divorce entitled error evidence execution fact favor fendant filed findings fraud granted ground held homestead husband instruction interest issue Judge judgment jurisdiction jury land lease lien ment motion negligence nonsuit offense opinion order denying owner paid parties payment Penal Code person plaintiff pleaded proof prosecution purchase question quiet title reason record refused Respondent rule San Francisco Spreckels Sugar Company statement statute street sufficient Superior Court supreme court sustained testified testimony therein thereof thereto tion trial court vendee verdict wagon wife witness writ
Popular passages
Page 291 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Page 124 - malice" and "maliciously" import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law; 5. The word "knowingly...
Page 344 - If the homestead selected by the husband and wife, or either of them, during their coverture, and recorded while both were living, was selected from the community property, or from the separate property of the person selecting or joining in the selection of the same, it vests, on the death of the husband or wife, absolutely in the survivor.
Page 580 - An action for relief on the ground of fraud or mistake must be brought within four years after the cause of action accrues ; 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 509 - ... 4. By the court, when upon the trial, and before the final submission of the case, the plaintiff abandons it; 5. By the court, upon motion of the defendant, when, upon the trial, the plaintiff fails to prove a sufficient case for the jury.
Page 561 - A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or ought to be known, to the person accepting.
Page 160 - When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed, except as provided in section ten hundred and nineteen, belongs to the owner of the land, unless he chooses to require the former to remove it.
Page 8 - ... 1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee; 2. That such estate is at the time of the execution of such conveyance free from incumbrances done, made, or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
Page 271 - Every person who wanders about the streets at late or unusual hours of the night, without any visible or lawful business; or, 7. Every person who lodges in any barn, shed, shop, outhouse, vessel, or place other than such as is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof ; or, 8.
Page 92 - ... all lawful process in any action or proceeding against the company may be served, with the same effect as if the company existed in this state.