Reports of Cases Determined in the Supreme Court of the State of California, Volume 86Bancroft-Whitney, 1906 |
Contents
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Common terms and phrases
affidavit affirmed alleged amended amicus curiæ amount answer appeal appellant assessment attorney averment bill of exceptions Bushton cause of action charged city and county Civil Code Civil Procedure claim Code Civ Code of Civil Cole Slough complaint concurred constitution contract counsel county of San cross-complaint damages deceased decree deed default defendant defendant's demurrer ditch Dutch John election entitled error Eugene Casserly evidence execution executor facts fees fendant filed finding foreclosure ground homestead insured intention interest issue judge judgment and order jurisdiction jury Kings River land lease lien ment mortgage motion nonsuit notice opinion order denying owner paid parties payment person plaintiff pleadings possession premises probate purchase question quiet title Railroad rendered rent respondent San Francisco statute street sufficient Superior Court tenant thereof thousand dollars tion tract trial trust William Minto
Popular passages
Page 443 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, must have the same share in the estate of the testator as if he had died intestate, and succeeds thereto as provided in the preceding section.
Page 641 - ... 1. An agreement that by its terms is not to be performed within a year from the making thereof; * * *." agreement is invalid, unless the same or some note or memorandum thereof be in writing, and subscribed by the party charged, or by his agent.
Page x - ... decision shall be stated. The chief justice may sit in either department, and shall preside when so sitting, but the justices assigned to each department shall select one of their number as presiding justice. In case of the absence of the chief justice from the place at which the court is held, or his inability to act, the associate justices shall select one of their own number to perform the duties and exercise the powers of the chief justice during such absence or inability to act.
Page 577 - A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or ought to be known, to the person accepting.
Page 497 - It is urged by the appellant that the court erred in refusing to instruct the jury, as requested, that...
Page 330 - If the evidence of an alibi in connection with all the other evidence raises a reasonable doubt of the presence of the defendant at the time and place of the crime he should be acquitted.
Page 283 - For the satisfaction of any judgment against any person, company, or corporation having any franchise other than the franchise of being a corporation, such franchise, and all the rights and privileges thereof, may be levied upon and sold under execution, in the same manner, and with the same effect, as any other property.
Page 584 - ... to or the subject of which is real or personal property in this state...
Page ix - The Chief Justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the Court to' be heard and decided by the Court in bank.
Page 683 - The insurance may also be terminated at any time at the option of the company, on giving notice to that effect and refunding a ratable proportion of the premium for the unexpired term of the policy.