Reports of Cases Determined in the Supreme Court of the State of California, Volume 93Bancroft-Whitney, 1906 |
Outras edições - Ver tudo
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Palavras e frases frequentes
affirmed agent agreement alleged appeal appellant apply appointed assessment attorney authority averment Bailments Bank bill of exceptions bond cause of action charged city and county Civil Code Civil Procedure claim Code of Civil complaint concurred constitution contract conveyance conveyed corporation county of San court of equity crime Crittenden decree dedication deed defendant defendant's demurrer determine easement effect entitled evidence executed facts fendant filed finding grant homestead instruction intent Iowa issue judg judgment and order jurisdiction jury land malice McLean ment mortgage motion note and mortgage order denying owner party payment person petitioner plaintiff pleading probable cause proceedings prosecution purchaser purpose question quiet title R. R. Co reasonable refused Respondent road Robinson San Francisco Slander and Libel Smith statute streets sufficient Superior Court therein thereof tiff tion tract trust verdict void writ
Passagens conhecidas
Página 64 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Página 480 - Tf a person kill another in self-defense, it must appear that the danger was so urgent and pressing that in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary...
Página 654 - In case of any other transfer of interest, the action or proceeding may be continued in the name of the original party, or the court, may allow the person to whom the transfer is made to be substituted in the action or proceeding.
Página 112 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.
Página 388 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Página 509 - An action may be dismissed or a judgment of non-suit entered in the following cases: 1. By the plaintiff himself, at any time before trial, upon the payment of costs; Provided, a counter-claim has not been made or affirmative relief sought by the cross-complaint or answer of defendant.
Página vi - Court when so convened. The concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in bank; but if four Justices, so present, do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four Judges shall be necessary. In the determination of causes, all decisions of the Court, in bank or in departments, shall be given in writing and the grounds of the decision shall be...
Página 604 - Immediately after entering the judgment, the clerk must attach together and file the following papers, which constitute the judgment roll: 1. In case the complaint be not answered by any defendant, the summons, with the affidavit or proof of service, and the complaint, with a memorandum indorsed thereon, that the default of the defendant in not answering was entered, and a copy of the judgment; 2.
Página 382 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Página 366 - A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or of a passage for light, air, or heat from or across the land of another.