Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 47Bancroft-Whitney, 1922 |
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affirmed agreement alleged amount answer assignment attorney automobile bank bond cause of action charge Civil Procedure claim Code of Civil Company complaint concurred constitute contention contract corporation cross-complaint damages deceased decree deed defendant defendant's delivery denied divorce entered entitled estoppel evidence executed facts favor fendant filed finding fraud homestead husband injury insolvent interlocutory decree issue Judge judgment judgment debtor jurisdiction jury land liability lien Los Angeles County matter ment mortgage motion negligence notice opinion owner paid parties payment person petitioner plaintiff pleadings possession premises prior proceedings promissory note purchase purpose question quiet title real property reason record recover rendered res adjudicata Respondent Second Appellate District statute street sufficient Superior Court supreme court testified testimony therein thereof tiff tion trial court trust vendor wife witness
Popular passages
Page 172 - Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act, or omission, be permitted to falsify it.
Page 229 - Every person who, having taken an oath that . he will testify, declare, depose, or certify truly ¡ before any competent tribunal, officer, or person, in any of the cases in which such an oath may by law be administered, willfully and contrary to such oath, states as true any material matter which he knows to be false, is guilty of perjury.
Page 28 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof. in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Page 183 - 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 478 - Upon a sale of real property, the purchaser is substituted to and acquires all the right, title, interest, and claim of the judgment debtor thereto...
Page 734 - That a thing once proved to exist continues as long as is usual with things of that nature; 33.
Page 145 - If the husband neglect to make adequate provision for the support of his wife, except in the cases mentioned in the next section, any other person may, in good faith, supply her with articles necessary for her support and recover the reasonable value thereof from the husband.
Page 64 - ... against all direct loss or damage by fire, except as hereinafter provided, to an amount not exceeding dollars to the following described property while located and contained as described herein, and not elsewhere...
Page 93 - ... such other and further relief as may be necessary to complete disposition of the action...
Page 13 - The plea of res fidjudicata applies, except in special cases, not only to points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.