Reports of Cases Determined in the Courts of Appeal of the State of California, Том 11Bancroft-Whitney, 1910 |
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... question but that plaintiff complied with the requirement of the statute ( Code Civ . Proc . , sec . 527 ) in obtaining the injunction . The sufficiency of the affidavit upon which the order was based is , indeed , not challenged , and ...
... question but that plaintiff complied with the requirement of the statute ( Code Civ . Proc . , sec . 527 ) in obtaining the injunction . The sufficiency of the affidavit upon which the order was based is , indeed , not challenged , and ...
Страница 5
... question and to determine it wrong as well as right . If it committed error the remedy was by appeal . " It is equally well settled that a wrong decision by a court as to the sufficiency of the evidence to support a finding can- not be ...
... question and to determine it wrong as well as right . If it committed error the remedy was by appeal . " It is equally well settled that a wrong decision by a court as to the sufficiency of the evidence to support a finding can- not be ...
Страница 6
... question of jurisdiction incidentally depends upon the valid- ity of an attachment . If that were so , then in every ordinary civil action , wherein a defendant chose to raise a point of jurisdiction , either of the person or of the ...
... question of jurisdiction incidentally depends upon the valid- ity of an attachment . If that were so , then in every ordinary civil action , wherein a defendant chose to raise a point of jurisdiction , either of the person or of the ...
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... question we must consider all the evi- dence in the record as absolutely true . Not only this , but it is our duty to resolve all reasonable inferences that may be drawn in favor of the plaintiff . The questions , therefore , for our ...
... question we must consider all the evi- dence in the record as absolutely true . Not only this , but it is our duty to resolve all reasonable inferences that may be drawn in favor of the plaintiff . The questions , therefore , for our ...
Страница 21
... question whether the $ 40,000 was to be raised by a cer- tain time . The charges should be made and the credits given . just as they occurred . When the plaintiffs paid out money they paid it . Of course , that should be credited to ...
... question whether the $ 40,000 was to be raised by a cer- tain time . The charges should be made and the credits given . just as they occurred . When the plaintiffs paid out money they paid it . Of course , that should be credited to ...
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Чести термини и фразе
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...