...The law respects form less than substance. SEC. 3529. That which ought to have been done is to be 2 regarded as done in favor of him to whom, and against him 3 from whom, performance is due. SEC. 3530. That which does not appear to exist is to be 2 regarded...

...The law respects form less than substance. SEC. 3529. That which ought to have been done is to be 2 regarded as done in favor of him to whom, and against him 3 from whom, performance is due. SEC. 3530. That which does not appear to exist is to be 2 regarded...

...the appropriate motion to be made though the decision sought to be set aside is itself appealable. When the reason of a rule ceases, so should the rule itself, and therefore orders refusing to set aside or modify appealable orders which were granted ex parte...

...justice under the different circumstances, a principle adopted into our code by Section 351o, Civil Code: 'When the reason of a rule ceases, so should the rule itself.' Whenever it is found that, owing to the physical features and character of this State, and the peculiarities...

...their rights. The law respects form less than substance. That which ought to have been done is to be regarded as done in favor of him to whom, and against him from whom, performance is due. That which does not appear to exist Is to be regarded as if it did not The law never requires impossibilities....

...sale has no Interest, and it is not incumbent on him to protect the interest and rights of the county. When the reason of a rule ceases, so should the rule itself. Section 6657, RC 1905. [5] 5. A contention like the last is made with reference to the other Judgment...

...the situation calling for the application of the maxim, "That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due." [Ed. Note.— For other cases, see Corporations, Cent. Dig. §§ 1842-1853, 1855; Dec. Dig. 5 473.*]...

...we are reminded that the maxim also includes the proviso that the presumption may be indulged only "in favor of him to whom, and against him from whom, performance is due" (Civ. Code, sec. 3529) ; and the question in this action, again, is whether there is an unperformed...

...equally well in all localities. The grower must assume some of the experimental duties. CITRUS LEAVES When the reason of a rule ceases, so should the rule itself. Getting the Attorneys' Point of View A discussion of pertinent legal points arising in the daily course...

...maxim of the civil law, embodied in our Civil Code, and which is also a part of the common law, that "when the reason of a rule ceases, so should the rule itself."" It is a good example of the elasticity of the common law, showing its adaptation to the varying conditions...