Reports of Cases Determined in the Supreme Court of the State of California, Volume 120Bancroft-Whitney, 1906 |
Contents
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Common terms and phrases
action adverse possession affidavit affirmed alleged amount appeal appellant attorney authority averment Bank bonds cause charge city and county Civil Code Civil Procedure claim Code of Civil complaint concurred constitute contract corporation County of San coupons deceased declared decree deed defendant defendant's deficiency judgment demurrer ditch entitled evidence executed executor facts fendant filed finding fund Garoutte given granted guardian Harrison held Henshaw instruction interest irrigation company issued Judge judgment and order jurisdiction jury land liability lien McFarland ment mortgage mortgagor motion note and mortgage notice opinion order denying owner paid parties payment perjury person petitioner plaintiff possession probate promissory note purchase purpose question quiet title reason refused Respondent Sacramento San Francisco Santa Ana river statute statute of limitations street sufficient Superior Court supra testified testimony thereof tion trust witness writ
Popular passages
Page 368 - Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the State one year next preceding the election, and of the county in which he claims his vote ninety days, and in the election precinct thirty days, shall be entitled to vote at all elections which are now or may hereafter be authorized by law...
Page 322 - ... 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 317 - 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 779 - 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 475 - A husband cannot be examined for or against his wife without her consent, nor a wife for or against her husband without his consent; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage...
Page 373 - In this speech he advocated the free coinage of silver at the ratio of sixteen to one...
Page 6 - 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 195 - 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.
Page 78 - When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name.
Page 367 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.