Reports of Cases Determined in the Courts of Appeal of the State of California, Том 11Bancroft-Whitney, 1910 |
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... relation of debtor and cred- itor does not exist between them , especially where defendants are merely privileged and not bound to make payments , and the rule of application of payments between debtor and creditor does not ap- ply ...
... relation of debtor and cred- itor does not exist between them , especially where defendants are merely privileged and not bound to make payments , and the rule of application of payments between debtor and creditor does not ap- ply ...
Страница 22
... relation to " all reasonable and proper expenses " of the liquidation cannot be construed as claimed by appellants . The parties themselves by their contract having established a rule of appropriation , effect , of course , must be ...
... relation to " all reasonable and proper expenses " of the liquidation cannot be construed as claimed by appellants . The parties themselves by their contract having established a rule of appropriation , effect , of course , must be ...
Страница 25
... relations all equitable remedies have necessarily and steadily been ex- panded , and no inflexible rule has been permitted to circum- scribe them . As has been well said , equity has contrived its remedies ' so that they shall ...
... relations all equitable remedies have necessarily and steadily been ex- panded , and no inflexible rule has been permitted to circum- scribe them . As has been well said , equity has contrived its remedies ' so that they shall ...
Страница 29
... relation to them cannot be considered on the appeals taken . " There was an appeal from the judg- ment and from an order refusing a new trial in that case . In line with this same distinction , Chief Justice Parker observes in Kittredge ...
... relation to them cannot be considered on the appeals taken . " There was an appeal from the judg- ment and from an order refusing a new trial in that case . In line with this same distinction , Chief Justice Parker observes in Kittredge ...
Страница 30
... relation to appeals on ques- tions of fact or law and fact . When an appeal is taken on questions of both law and fact no statement is or need be prepared ( Code Civ . Proc . , sec . 976 ) , but the justice certifies and transmits all ...
... relation to appeals on ques- tions of fact or law and fact . When an appeal is taken on questions of both law and fact no statement is or need be prepared ( Code Civ . Proc . , sec . 976 ) , but the justice certifies and transmits all ...
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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
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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...