Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 3

Capa
Bancroft-Whitney Company, 1907
Vols.106-140 includes section "Reports of cases determined in the appellate departments of the Superior court of the State of California."
 

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Página 379 - ... to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad...
Página 139 - If an offer of ten per cent more in amount than that named in the return be made to the court in writing, by a responsible person, it is in the discretion of the court to accept such offer and confirm the sale to such person or to order a new sale.
Página 772 - ... where the charge has been preliminarily examined before a magistrate, and the testimony reduced by him to the form of a deposition in the presence of the defendant, who has, either in person or by counsel, cross-examined, or had an opportunity to cross-examine, the witness...
Página 359 - A debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of his demand in preference to another.
Página 139 - ... that a sum exceeding such bid at least ten per cent, exclusive of the expenses of a new sale, may be obtained, the court may vacate the sale and direct another to be had...
Página 56 - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action...
Página 535 - IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.
Página 275 - This kind of equitable action, to recover back money which ought not in justice to be kept, is very beneficial, and therefore much encouraged.
Página 831 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Página 333 - A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.

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