Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 25Bancroft-Whitney Company, 1915 Vols.106-140 includes section "Reports of cases determined in the appellate departments of the Superior court of the State of California." |
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Common terms and phrases
affidavit affirmed agreement alleged amended answer application Attorney-General authority bank cause of action charge City and County Civil Code Civil Procedure claim Code of Civil committed Company complaint concurred constitution contract corporation County of San crime CRIMINAL damages deed defendant defendant's demurrer district attorney entitled error estoppel evidence execution fact favor fendant filed finding Giuseppe Lauricella granting ground guilty habeas corpus hundred dollars instruction intent issue Judge jury land Lauricella lease liquors matter ment motion opinion Option Law order denying parties payment person petition petitioner plaintiff probative facts proceedings promissory note proof prosecution prosecutrix purchase question quiet title reason record Respondent rule San Francisco sheriff statement statute stockholder sufficient Superior Court supreme court testified testimony therein thereof tion transaction trial court verdict witness writ Yuba County
Popular passages
Page 543 - Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.
Page 293 - In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.— 1905:621.
Page 925 - When from any cause the summons in an action has not been personally served on the defendant, the court may allow, on such terms as may be just, such defendant or his legal representative, at any time within one year after the rendition of any judgment in such action, to answer to the merits of the original action.
Page 783 - State, and that the payment of the same has not been secured by any mortgage or lien upon real or personal property, or any pledge of personal property...
Page 426 - ... property, upon due notice to such person and the adverse party, apply to...
Page 580 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Page 769 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Page 785 - ... that the attachment is not sought and the action Is not prosecuted to hinder, delay, or defraud, any creditor or creditors of the defendant.
Page 857 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.
Page 769 - The following presumptions and no others, are deemed conclusive: 1. A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another; 2.