Reports of Cases Determined in the Supreme Court of the State of California, Volume 120Bancroft-Whitney, 1898 |
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action adverse possession affidavit affirmed alleged amount appeal appellant assignee attorney authority averment Bank bonds charge city and county Civil Code Civil Procedure claim Code of Civil complaint concurred constitute contract corporation County of San deceased declared decree deed defendant defendant's deficiency judgment demurrer duty easement election entitled evidence executed executor facts fendant filed finding foreclosure fraud fund Garoutte grant guardian insolvent instruction interest irrigation company issued Judge judgment and order jurisdiction jury land liability lien ment Merced County mortgage mortgagor motion note and mortgage notice opinion order denying owner paid parties payment person plaintiff possession primary election prior probate probative facts promissory note purchase purpose question quiet title reason received Respondent Sacramento San Francisco statute street sufficient Superior Court supra testified testimony thereof tion trial trust void witness
Popular passages
Page 480 - ... during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other...
Page 495 - There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real or personal property, which action must be in accordance with the provisions of this chapter.
Page 328 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 323 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the title on trusts.
Page 316 - When the defendant has been guilty of a fraud, in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought : 5. When the defendant has removed, or disposed of his property, or is about to do so, with intent to defraud his creditors.
Page 12 - An insane person is one who, at the time of committing the act, labored under such a defect of reason as not to know the nature and quality of the act he was doing, or if he did know it, did not know he was doing what was wrong...
Page 604 - A contract of a corporation, which is ultra vires, in the proper sense, that is to say, outside the object of its creation as defined in the law of its organization, and therefore beyond the powers conferred upon it by the legislature, is not voidable only, but wholly void, and of no legal effect. The objection to the contract is not merely that the corporation ought not to have made it, but that it could not make it. The contract cannot be ratified by either party, because it could not have been...
Page 84 - A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation.
Page 688 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 201 - Murder is the unlawful killing of a human being, with malice aforethought." (Pen.Code, § 187.) "Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow-creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.