Reports of Cases Determined in the Supreme Court of the State of California, Band 110Bancroft-Whitney, 1906 |
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
affirmed alleged allowed amount answer appellant assigned attorney averment Bank bill of lading cause of action certiorari cited city and county Civil Procedure claim Code Civ Code of Civil common carrier complaint concurred constitution contract corporation County of San court of equity cross-complaint damages deceased decree deed defendant defendant's demand demurrer entitled equity evidence execution executor facts favor fendant filed findings fraud GAROUTTE granted ground guy ropes injunction injury insolvent interest Judge judgment and order jurisdiction jury land liability lien lodge lumber ment mortgage motion negligence nonsuit opinion order denying owner paid parties partnership payment person petition petitioner plaintiff pleaded premises Proc proceeding question reason received recover refused rendered respondent rule San Francisco statute of limitations street sufficient Superior Court supra sureties sustained testator therein thereof tion verdict witness
Beliebte Passagen
Seite 295 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Seite 286 - The former verdict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1.
Seite 492 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Seite 126 - ... servient tenement in the same person; 2. By the destruction of the servient tenement; ... . 3. By the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise; or, 4. When the servitude was acquired by enjoyment, by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment.
Seite 459 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Seite vi - Court when so convened. The concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in bank; but if four Justices, so present, do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four Judges shall be necessary. In the determination of causes, all decisions of the Court in bank or in departments shall be given in writing, and the grounds of the decision shall be stated....
Seite 153 - One who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good will from him, carries on a like business therein.
Seite 296 - A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before his incapacity has been judicially determined, is subject to rescission, as provided in the chapter on rescission of this code.
Seite 390 - Every will, other than a nuncupative will, must be in writing; and every will, other than an olographic will, and a nuncupative will, must be executed and attested as follows: 1. It must be* subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto; 2.
Seite 363 - The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.