Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 37Bancroft-Whitney, 1920 |
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Common terms and phrases
affidavit affirmed agreement alleged amended amount Appellate District.-June Appellate District.-May assessment bank cause heard cause of action charged Civil Procedure claim Code of Civil commission Company complaint concurred constitute contract corporation County of San court of appeal crime cross-complaint damages deed defendant defendant's deficiency judgment demurrer denied district attorney district court engine entitled evidence execution facts fendant filed finding Henry Cowell Judge judgment jurisdiction jury land lease liable lien Los Angeles County Marysville ment motion negligence notice opinion owner paid parties payment person petition petitioner plaintiff possession premises proceeding promissory note prosecution purchase question quiet title real property reason record Respondent rule San Francisco Second Appellate statute street sufficient Superior Court supreme court testified testimony therein thereof tion trial court trust unlawful detainer verdict witness writ
Popular passages
Page 85 - ... 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 450 - ... because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.
Page 472 - That they are not bound to decide in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a less number or against a presumption or other evidence satisfying their minds; 3.
Page 109 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 225 - To indemnify the assured . . . against loss by reason of the liability imposed by law upon the assured for damages on account of bodily injuries...
Page 356 - ... to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources and add to its wealth and prosperity.
Page 620 - The Legislature shall provide for a system of Common Schools, by which a school shall be kept up and supported in each district at least three months in every year : and any school district neglecting to keep up and support such a school, may be deprived of its proportion of the interest of the public fund during such neglect.
Page 168 - A witness is allowed to refresh his memory respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing.
Page 37 - ... and the application of the proceeds of the sale to the payment of the costs of the...
Page 550 - In filing briefs on said appeal the parties must, however, print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to call to the attention of the court.