Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 2Bancroft-Whitney Company, 1907 |
Contents
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Common terms and phrases
affidavit affirmed agreement alleged amended amount Appellate District.-November assessment attorney authority Banche Bank bill of exceptions Braslan cause of action certificate Civil Code Civil Procedure claim Code Civ Code of Civil complaint concurred contract corporation County of San court of appeal creditors damages defendant defendant's demurrer district court entitled error evidence executed facts fendant filed finding habeas corpus held issued Judge judgment and order jurisdiction jury land liability lien Los Angeles County ment mortgage motion negligence nonsuit notice opinion order denying owner paid parties payment person petition petitioner plaintiff proceedings provisions question reason recover remittitur rendered Respondent rule San Francisco San Joaquin County statute stockholders street sufficient Superior Court supreme court sustained testified testimony therein thereof tiff tion trustees verdict witness writ writ of mandate
Popular passages
Page 265 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 254 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 246 - Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition.
Page 556 - Every railroad company shall have the right with its road to intersect, connect with, or cross, any other railroad; and shall receive and transport each the other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination.
Page 715 - Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise.
Page 724 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Page 256 - ... whether Intended for occupancy by owner or tenant, be or become vacant or unoccupied and so remain for ten days.
Page 558 - Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into Court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into Court for the owner...
Page 384 - ... must be asked whether he has any legal cause to show why judgment should not be pronounced against him.
Page 62 - 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.