Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 41Bancroft-Whitney Company, 1921 |
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Common terms and phrases
accident adverse possession agreement alleged amount appellant's automobile bill of exceptions cause of action city and county Civil Procedure claim Code of Civil Company complaint concurred consideration constitute contention contract contractor contributory negligence copra corporation court of equity creditors deceased deed defendant defendant's demurrer denied easement employee entitled equity evidence executed facts favor fendant filed finding fraud granted grantor ground hundred dollars injury Inyo County Judge jurisdiction jury land lease lien ment mortgage motion negligence notice opinion ordinance owner paid parties payment person petition petitioner plaintiff pleadings possession premises proceeding provisions purchase question quiet title real property reason record recover Respondent rule statute statute of frauds street sufficient Superior Court supreme court testified testimony therein thereof thousand dollars tion track tract transaction trial court trust vendee vendor verdict witness
Popular passages
Page 149 - ... where the charge has been preliminarily examined before a committing magistrate, and the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to crossexamine the witness...
Page 218 - ... after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.
Page 151 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Page 859 - The said board shall annually, between the first day of October and the first day of November meet, and [by the affirmative vote of all the members] make a budget of the amounts estimated to be required to pay the expenses of conducting the public business of The City of New York, as constituted by this act and of the counties of New York, Kings, Queens and Richmond for the then next ensuing year.
Page 476 - Every vehicle upon a highway within this state during the period from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of two hundred feet ahead...
Page 628 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 476 - No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder or in violation of any of the provisions of this Act.
Page 736 - ... as to all property in the custody or coming into the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a creditor holding a lien by legal or equitable proceedings thereon ; and also, as to all property not in the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a judgment creditor holding an execution duly returned unsatisfied...
Page 251 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 81 - It is the policy of the law to discourage adults contracting with infants, and the former cannot complain if, as a consequence of their violation of this rule of conduct, they are injured by the exercise of the right with which the law has purposely invested the latter, or charge that the infant in exercising the right is guilty of fraud.