California Appellate Decisions, Volume 35Recorder Print. and Publishing Company, 1921 |
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Common terms and phrases
Affd agreed agreement alleged amended amount answer Appeal by defendant appellant's application bonds breach California cause of action charge Civil Code Civil Procedure claim Code of Civil Company complaint concur contention contract corporation counsel county of San damages deceased decree Defendant and Appellant defendant's demurrer denied district attorney effect entitled error evidence execution fact filed finding franchise granted habeas corpus held highway husband instruction interlocutory decree issue Judge jury land liability lien Los Angeles County ment motion negligence notice owner paid parties payment person petitioner Plaintiff and Respondent pleaded Pndg proceedings promissory note prosecution purchase purpose question quiet title real property reason record recover refused rule Rvsd Second Appellate District statement statute street sufficient Superior Court surety testified testimony therein thereof tion trial court Tulare County witness writ
Popular passages
Page 432 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 455 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 282 - Excessive damages, appearing to have been given under the influence of passion or prejudice; 6.
Page 327 - Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted.
Page 355 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 446 - The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts which are charged at all times with the support of the Constitution and to which people of all conditions have a right to appeal for the maintenance of such fundamental...
Page 355 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
Page 500 - The general rule is that the measure of damages is the difference between the contract price and the market value of the goods at the time and place of
Page 311 - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter or fact occurring before the death of such deceased person.
Page 549 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...