Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 32Bancroft-Whitney Company, 1917 Vols.106-140 includes section "Reports of cases determined in the appellate departments of the Superior court of the State of California." |
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Palavras e frases frequentes
affirmed agent agreement alleged amended amount Appellate District.-December attorney bonds cause of action Civil Code Civil Procedure claim Code of Civil complaint concurred constitute contract contributory negligence corporation County county clerk court of appeal damages deed defendant defendant's delivered demurrer district court entitled evidence executed facts favor fendant filed findings Fresno County hundred dollars injury instruction issue J. W. Young Judge judgment jurisdiction jury justice's court land lease matter McLaughlin Brothers ment mortgage motion negligence notice opinion order denying owner paid parties payment person petition petitioner plaintiff possession premises proceedings promissory note purchase purpose question reason record Respondent rule Salt Company San Joaquin River Second Appellate statute street sufficient Superior Court supreme court testified testimony therein thereof thousand dollars tion trial court verdict warrants wires witness writ Yolo County
Passagens conhecidas
Página 592 - every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 113." The 113th section enacted thus: " An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person for whose benefit the action is prosecuted.
Página 853 - A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 846 - Except in cases where a different punishment is prescribed by this code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both.
Página 407 - If the action be against defendants severally liable, he may proceed against the defendants served in the same manner as if they were the only defendants.
Página 250 - ... in the usual course of the trade, business, profession, or occupation of his employer.
Página 217 - When a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made.
Página 606 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Página 39 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Página 142 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Página 674 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.— Code amend.— 1873:182.