Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 33Bancroft-Whitney Company, 1917 |
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Common terms and phrases
affirmed agent agreement alleged amendment Angeles Appellate District.-April authority Bakersfield bank cause heard cause of action charge Civil Code Civil Procedure claim Code of Civil Company complaint concurred Conrey constitution construction contract corporation counsel court of appeal crime damages declared deed defendant defendant's district attorney district court effect entitled evidence executed facts favor fendant filed finding follows Garvanza hundred dollars indictment instruction Judge judgment and order jury Kern County Lambourn land Los Angeles County ment Modoc County motion notice opinion order denying owner paid parties payment performed person petitioner plaintiff prior prosecution purchase purpose question real property reason record refused Respondent rule San Francisco Second Appellate statute Stewart sufficient Superior Court supreme court testified testimony therein thereof thousand dollars tion Tognola tract trial court trust witness
Popular passages
Page 106 - No member of the legislature shall, during the term for which he was elected, be appointed or elected to any civil office in the state which shall have been created or the emoluments of which shall have been increased during the term for which he was elected.
Page 190 - a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 158 - the fact that such employee may have been guilty of contributory negligence shall not bar a recovery therein where his contributory negligence was slight and that of the employer was gross, in comparison, but the damages may be diminished by the jury in proportion to the amount of negligence attributable to such employee.
Page 199 - Where a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 98 - No senator or assemblyman shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this state, which shall have been created, or the emoluments of which have been increased, during such term, except such offices as may be filled by election by the people.
Page 83 - in which recovery is sought upon the ground of want of ordinary or reasonable care of the employer, or of any officer, agent or servant of the employer, the fact that such employee may have been guilty of contributory negligence shall not bar a recovery therein where his contributory negligence was
Page 753 - is conclusively presumed if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession,
Page 655 - mechanics, materialmen, artisans, and laborers of every class, shall have a lien upon the property upon which they have bestowed labor or furnished material for the value of such labor done and material furnished; and the legislature shall provide, by law, for the speedy and efficient enforcement of such liens.
Page 691 - Section 1671 of the Civil Code provides: "The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Page 39 - No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.