California Unreported Cases: Being Those Decisions Determined in the Supreme Court and the District Courts of Appeal of the State of California, But Not Officially Reported, with Annotations Showing Their Present Value as Authority, Volume 6Bender-Moss Company, 1913 |
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California Unreported Cases: Being Those Decisions Determined in ..., Volume 6 California. Supreme Court Visualização integral - 1913 |
Palavras e frases frequentes
action affirmed agreed agreement alleged amount answer APPEAL from Superior appellant assessment attorney cited Civil Procedure claim Code of Civil complaint concur contract corporation counsel County of San court found creditors CURIAM.-For the reasons deceased decree deed defendant appeals defendant's demurrer entitled error evidence executed fact favor fendant filed finding foreclosure foregoing opinion Haynes held instruction interest issue Judge judgment and order judgment for plaintiff jury jury fee land lease liable lien Los Angeles County ment mortgage motion opinion in bank opinion the judgment order appealed order denying owner paid parties payment plain plaintiff possession premises purchase question quiet title raisins reasons given recover refused respondent reversed San Francisco San Joaquin County Sonoma Valley statute stockholders sufficient Superior Court testified testimony thereof tiff tion Tirey L trust verdict witness
Passagens conhecidas
Página 97 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...
Página 919 - ... naturally there, harmless to others so long as it is confined to his own property, but which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority,...
Página 919 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Página 107 - When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded.
Página 977 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law; and the occupation of the...
Página 421 - It does not appear, from the report of the case, that the juice or roots from which the defendants' article was made came from Anatolia.
Página 945 - Upon an indictment for larceny it is a sufficient defense that the property was appropriated openly and avowedly, under a claim of title preferred in good faith, even though such claim is untenable.
Página 404 - ... a sufficient number to form a board for the transaction of business ; and every decision of a majority of the persons duly assembled as a board, shall be valid as a corporate act.
Página 59 - 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 221 - ... this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...