Reports of Cases Determined in the Courts of Appeal of the State of California, Том 11Bancroft-Whitney, 1910 |
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Страница 4
... cause . Since jurisdiction is the power to hear and determine , it does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decisions there made . " ( 17 Am . & Eng . Ency . of Law , p . 1041 ...
... cause . Since jurisdiction is the power to hear and determine , it does not depend upon the regularity of the exercise of that power or upon the rightfulness of the decisions there made . " ( 17 Am . & Eng . Ency . of Law , p . 1041 ...
Страница 5
... cause of action or not was for the court of original jurisdiction to determine , and it was within the province of such court to allow the pleading to be amended . If the court below should hold a complaint suf- ficient , when as a ...
... cause of action or not was for the court of original jurisdiction to determine , and it was within the province of such court to allow the pleading to be amended . If the court below should hold a complaint suf- ficient , when as a ...
Страница 6
... cause could be deter- mined upon its merits . At any rate , they should not have courted the penalty for disobedience of a deliberate order of an important judicial tribunal , but should have pursued the ordinary course . In Agassiz v ...
... cause could be deter- mined upon its merits . At any rate , they should not have courted the penalty for disobedience of a deliberate order of an important judicial tribunal , but should have pursued the ordinary course . In Agassiz v ...
Страница 41
... cause remanded for further proceedings in accordance with the foregoing views . Allen , P. J. , and Shaw , J. , concurred . A petition to have the cause heard in the supreme court , after judgment in the district court of appeal , was ...
... cause remanded for further proceedings in accordance with the foregoing views . Allen , P. J. , and Shaw , J. , concurred . A petition to have the cause heard in the supreme court , after judgment in the district court of appeal , was ...
Страница 73
... cause remanded , with instructions to the trial court to render judgment upon the findings in favor of plaintiff in accordance with the prayer of his complaint . Allen , P. J. , and Taggart , J. , concurred . A petition to have the cause ...
... cause remanded , with instructions to the trial court to render judgment upon the findings in favor of plaintiff in accordance with the prayer of his complaint . Allen , P. J. , and Taggart , J. , concurred . A petition to have the cause ...
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affidavit affirmed agreement alleged amended answer attorney authority averments bill of exceptions cause of action charged circumstances city and county Civil Code Civil Procedure claim Code of Civil Company complaint concurred constitution contract corporation court of equity crime damages deceased declared deed default defendant defendant's demurrer dismiss district effect entitled evidence execution facts fendant filed finding ground guilty held homestead injury instruction issue Judge judgment and order jurisdiction jury land Los Angeles County matter ment mortgage motion negligence nonsuit offense opinion order denying ordinance owner paid party payment person petitioner plaintiff pleaded prosecution purchase question reason record refused Respondent rule statement statute Stock Food sufficient Superior Court supreme court sustained testified testimony therein thereof Third Appellate tiff tion transaction trial court trust verdict witness writ Yuba county
Популарни одломци
Страница 576 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Страница 151 - ... damages, except where otherwise expressly provided by this Code, is the amount which will compensate...
Страница 220 - Utah, to say whether the facts made a case of murder in the first degree or murder in the second degree...
Страница 4 - When the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officers.
Страница 361 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors; Regulating the practice in courts of justice...
Страница 197 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Страница 654 - That for and in consideration of the sum of one dollar cash in hand paid by the party of the second part to the party of the first part...
Страница 473 - Except as provided in the last section, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both parties, entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.
Страница 514 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Страница 228 - ... in the county in which the defendants, or some of them, reside at the commencement of the action...