The Pacific Reporter, Volume 153
"Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies)
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action affirmed agreed alleged allowed amount answer appeal application authority bank bonds cause Cent charge claim Code complaint consideration considered Constitution contention contract corporation counsel damages decree deed defendant denied determine direct district effect entered entitled error evidence executed fact filed follows further give given ground held hold instruction interest issue Judge judgment jurisdiction jury KEY-NUMBER land lien matter ment mortgage motion necessary Note.-For notice objection officers opinion owner paid party payment person petition plaintiff pleading possession premises present proceedings purchase question reason received record referred refused respondent rule secure statute street sufficient suit superior Supreme Court sustained testimony thereof tion trial court trust Wash witness
Page 336 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 278 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : first, those granted in express words ; second, those necessarily or fairly implied in, or incident to, the powers expressly granted: third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 285 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 72 - The trustee of the estate of a bankrupt, upon his appointment and qualification, . . . shall ... be vested, by operation of law, with the title of the bankrupt, as of the date he was adjudged a bankrupt...
Page viii - ... the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the government of the United States...
Page 419 - Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: First.
Page 292 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.
Page 252 - It is broad enough to include every instance in which one party pays a debt for which another is primarily answerable, and which, in equity and good conscience, should have been discharged by the latter...
Page 249 - A husband and wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they may agree, in writing, to an immediate separation, and may make provision for the support of either of them and of their children during such separation.