California Appellate Decisions, Volume 9Recorder Print. and Publishing Company, 1909 |
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Common terms and phrases
affidavit affirmed agreement alleged amended answer appeal attorney authority averments bill of exceptions cause of action charged circumstances city and county Civil Code Civil Procedure claim Code of Civil Company complaint concur constitution contention contract corporation court of equity crime cross-complaint damages death deceased declared deed default Defendant and Appellant defendant's demurrer district attorney duty effect entitled evidence execution fact fendant filed finding ground held injury instruction issue Judge July 21 jurisdiction jury Kaweah River land legislature matter ment mortgage motion negligence notice order denying paid party payment person petitioner Plaintiff and Respondent pleaded Pogue prior promissory note provisions purchase question reason record recover refused rule statement statute street sufficient Superior Court supra supreme court sustained testator testified testimony therein thereof Third Appellate District tion trial court verdict witness writ
Popular passages
Page 295 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right ; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 530 - 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.
Page 201 - ... damages, except where otherwise expressly provided by this Code, is the amount which will compensate...
Page 156 - This company shall not be liable for loss caused directly or indirectly by invasion, insurrection, riot, civil war or commotion, or military or usurped power, or by order of any civil authority; or by theft; or by neglect of the Insured to use all reasonable means to save and preserve the property at and after a fire or when the property is endangered by fire in neighboring premises...
Page 12 - When the contempt is not committed in the immediate view and presence...
Page 73 - In case of uncertainty arising upon the face of a will, as to the application of any of its provisions, the testator's intention is to be ascertained from the words of the will, taking into view the circumstances under which it was made, exclusive of his oral declarations.
Page 381 - 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...
Page 649 - When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, when no undue advantage is taken, nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.
Page 249 - ... in the county in which the defendants, or some of them, reside at the commencement of the action...
Page 683 - ... not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement...
Bibliographic information
| Title | California Appellate Decisions, Volume 9 |
| Author | California. District Courts of Appeal |
| Editor | Randolph V. Whiting |
| Publisher | Recorder Print. and Publishing Company, 1909 |
| Original from | Harvard University |
| Digitized | 3 Jul 2007 |
| Export Citation | BiBTeX EndNote RefMan |