Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 26Bancroft-Whitney Company, 1915 |
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Common terms and phrases
adverse possession affidavit affirmed agreement alleged amount answer Appellate District cause of action charged Civil Code Civil Procedure claim Code of Civil Company concurred constitute contention contract corporation County court of appeal crime damages deceased declared deed defendant defendant's demurrer district attorney election entitled error evidence execution fact favor fendant filed findings held hundred dollars husband instructions intention Judge judgment jury land lease lien matter ment mortgage motion Motor Vehicle nonsuit opinion order denying owner paid parties payment Penal Code person petition petitioner plain plaintiff pleading possession premises promissory note prosecution purchase question quiet title reason recover Respondent San Joaquin County Second Appellate statement statute statute of limitations sufficient Superior Court supreme court testified testimony therein thereof tion transaction trial court unlawful detainer verdict wife witness writ
Popular passages
Page 401 - There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real or personal property, which action must be in accordance with the provisions of this chapter.
Page 351 - A witness may also be impeached by evidence that he has made, at other times, statements inconsistent with his present testimony...
Page 122 - 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.
Page 565 - If any one proposition could command the universal assent of mankind, we might expect it would be this — that the government of the Union, though limited in its powers, is supreme within its sphere of action.
Page 219 - The connection of the individuals In the unlawful enterprise being thus shown, every act and declaration of each member of the confederacy, in pursuance of the original concerted plan, and with reference to the common object, is, in contemplation of law, the act and declaration of them all, and Is, therefore, original evidence against each of them.
Page 278 - ... an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code.
Page 56 - The homestead is subject to execution or forced sale in satisfaction of judgments obtained: 1. Before the declaration of homestead was filed for record, and which constitute liens upon the premises. 2. On debts secured by mechanics, contractors, subcontractors, artisans, architects, builders, laborers of every class, materialmen's or vendors
Page 399 - The following contracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged or by his agent: 1.
Page 342 - ... a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. 2. Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
Page 351 - ... made, at other times, statements inconsistent, with his present testimony ; but before this can be done the statements must be related to him, with the circumstances of times, places, and persons present, and he must be asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing, they must be shown to the witness before any question is put to him concerning them.