Reports of Cases Determined in the Courts of Appeal of the State of California, Том 11Bancroft-Whitney, 1910 |
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Страница 6
... rule as stated by High on Extraordinary Legal Remedies , section 770 , as follows : " Like all other extraordinary remedies , prohibition is to be resorted to only in cases where the usual and ordinary forms of remedy are insufficient ...
... rule as stated by High on Extraordinary Legal Remedies , section 770 , as follows : " Like all other extraordinary remedies , prohibition is to be resorted to only in cases where the usual and ordinary forms of remedy are insufficient ...
Страница 7
... RULE IN EQUITY - EFFECT OF FALSE REPRESENTATION UPON NEGLI- GENT PERSON . - It is a well - settled rule in equity that the effect of false representation is not to be got rid of on the ground that the person to whom it was made has been ...
... RULE IN EQUITY - EFFECT OF FALSE REPRESENTATION UPON NEGLI- GENT PERSON . - It is a well - settled rule in equity that the effect of false representation is not to be got rid of on the ground that the person to whom it was made has been ...
Страница 12
... rule , it would indeed be a harsh one , and one that would work injustice upon many nonsuspecting per- sons . When the plaintiff had been asked to copy the release and had done so ; when he had heard nothing else spoken of but a release ...
... rule , it would indeed be a harsh one , and one that would work injustice upon many nonsuspecting per- sons . When the plaintiff had been asked to copy the release and had done so ; when he had heard nothing else spoken of but a release ...
Страница 14
... rule which should govern courts of equity in such matters . Nothing is more common than for a party who has agreed to give a deed or other contract relating to some spe- cific subject , to sign it upon being told that it is the deed or ...
... rule which should govern courts of equity in such matters . Nothing is more common than for a party who has agreed to give a deed or other contract relating to some spe- cific subject , to sign it upon being told that it is the deed or ...
Страница 15
... rule No. 2 , subdivision 4 , [ 144 Cal . xl , 78 Pac . vii ] , re- quiring them to file their brief thirty days after the filing of the transcript . The motion is not contested , and as it has been more than three years since the ...
... rule No. 2 , subdivision 4 , [ 144 Cal . xl , 78 Pac . vii ] , re- quiring them to file their brief thirty days after the filing of the transcript . The motion is not contested , and as it has been more than three years since the ...
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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...