Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 70Bancroft-Whitney Company, 1926 |
Contents
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Common terms and phrases
action adverse possession affidavit affirmed agent agreement alleged amount appellant's Appellate District automobile cause charge Civil Procedure claim Code of Civil commission committed Company complaint concurred contended contract contributory negligence conviction corpus delicti Corriea County crime criminal damages deceased deed defendant defendant's Delia Murphy demurrer denied district attorney easement effect entitled error evidence execution fact favor fendant filed finding fraud guilty indictment instruct the jury intent Judge judgment juror land lease liquor matter ment motion negligence offense opinion owner paid parties payment person petition petitioner plaintiff plea pleaded possession proceeding prosecution purchase question quitclaim deed real property reason recover respondent rule Schick statements statute street Superior Court supreme court testified testimony thereafter thereof tion tract trial court turkeys unlawful detainer verdict wife witness writ
Popular passages
Page 88 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 239 - An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other.
Page 732 - When no such independent circumstances are referred to, and the engagement is to furnish goods of a certain quality or character to a certain amount, the quantity specified is material, and governs the contract. The addition of the qualifying words 'about,
Page 353 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Page 691 - Any person of his personal representatives may maintain an action against the executor or administrator of any testator or intestate who in...
Page 293 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the...
Page 436 - The Assistant Attorney General having taken this appeal, it will be presumed, in the absence of a showing to the contrary, that he acted, in so doing, under the supervision and control of the Attorney General.
Page 389 - The question of probable cause is a mixed question of law and of fact. Whether the circumstances alleged to show it probable are true, and existed, is a matter of fact; but whether, supposing them to be true, they amount to a probable cause, is a question of law.
Page 167 - 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: * * * "4.
Page 286 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.