Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 18Bancroft-Whitney, 1912 |
Contents
| 121 | |
| 140 | |
| 159 | |
| 163 | |
| 178 | |
| 185 | |
| 204 | |
| 208 | |
| 210 | |
| 212 | |
| 274 | |
| 276 | |
| 280 | |
| 286 | |
| 291 | |
| 323 | |
| 342 | |
| 353 | |
| 364 | |
| 373 | |
| 378 | |
| 388 | |
| 467 | |
| 472 | |
| 474 | |
| 477 | |
| 554 | |
| 566 | |
| 570 | |
| 582 | |
| 588 | |
| 602 | |
| 606 | |
| 613 | |
| 631 | |
| 634 | |
| 637 | |
| 649 | |
| 659 | |
| 662 | |
| 668 | |
| 674 | |
| 688 | |
| 707 | |
| 720 | |
| 759 | |
| 761 | |
| 770 | |
| 778 | |
| 786 | |
| 789 | |
| 802 | |
Other editions - View all
Common terms and phrases
affidavit affirmed agreement alleged amended answer Appellate District.-February assignment attorney authority bank bond cause of action charge city and county Civil Code Civil Procedure claim Code of Civil complaint concurred constitute contract corporation County of San cross-complaint damages deceased deed default defendant defendant's delivered demurrer district E. M. Stevens election entitled evidence execution facts fendant filed finding held Herrscher intention Judge judgment jurisdiction jury land lease ment mortgage motion notice opinion option order denying owner paid parties payment peremptory challenges person petitioner plaintiff pleaded primary election promissory note provisions purchase question quiet title real property reason record Respondent Robert Gunther rule San Francisco Selma Fruit Company Sidney W statute sufficient Superior Court supreme court sustained testified testimony therein thereof thereto tiff tion trial court trust witness writ
Popular passages
Page 748 - An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can only be given by an instrument in writing.
Page 207 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 185 - But when.- the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue, or points controverted, upon the determination of which the finding or verdict was rendered.
Page 646 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.— Code amend.— 1873:182.
Page 646 - A mortgage of personal property is void as against creditors of the mortgagor and subsequent purchasers and encumbrancers of the property in good faith and for value, unless: 1.
Page 5 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.
Page 450 - In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment...
Page 449 - Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial...
Page 156 - A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.
Page 727 - When from any cause the summons in an action has not been personally served on the defendant, the court may allow, on such terms as may be just, such defendant or hia legal representative, at any time within one year after the rendition of any judgment in such action, to answer to the merits of the original action.