Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 1Bancroft-Whitney, 1906 |
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Página 75
... CONTRACT TO DEVISE PROPERTY - INSUFFI- CIENT PROOF COMPENSATION - IMPOSSIBILITY OF PERFORMANCE- UNEXPLAINED FAILURE . - An opposition to the sale by one who seeks to enforce a contract with the incompetent to devise the property , for ...
... CONTRACT TO DEVISE PROPERTY - INSUFFI- CIENT PROOF COMPENSATION - IMPOSSIBILITY OF PERFORMANCE- UNEXPLAINED FAILURE . - An opposition to the sale by one who seeks to enforce a contract with the incompetent to devise the property , for ...
Página 76
... contract , and avers that said guardian , hoping to benefit himself , as a probable heir of said incompetent , prevented the further performance of this contract , and is endeavoring to repu- diate the same , and cause said property to ...
... contract , and avers that said guardian , hoping to benefit himself , as a probable heir of said incompetent , prevented the further performance of this contract , and is endeavoring to repu- diate the same , and cause said property to ...
Página 77
... contract men- tioned , had been disposed of . Equity recognizes , and will enforce , such contracts as the one here pleaded , but it demands that the evidence to prove their existence and terms be clear , positive , and convincing . And ...
... contract men- tioned , had been disposed of . Equity recognizes , and will enforce , such contracts as the one here pleaded , but it demands that the evidence to prove their existence and terms be clear , positive , and convincing . And ...
Página 79
... contract he attempts to prove , for from January 30 , 1903 , and until the guardian removed the incompetent from her home , appellant did not pay her board or other expenses , and he does not explain such failure . The evidence is ...
... contract he attempts to prove , for from January 30 , 1903 , and until the guardian removed the incompetent from her home , appellant did not pay her board or other expenses , and he does not explain such failure . The evidence is ...
Página 159
... contract . ID . - CURE OF RULINGS AGAINST EVIDENCE . - Rulings against the admis- sibility of evidence are , if erroneous , cured by the further full testimony of the witness to the same matters . LD . - SUPPORT OF FINDING - EARNING OF ...
... contract . ID . - CURE OF RULINGS AGAINST EVIDENCE . - Rulings against the admis- sibility of evidence are , if erroneous , cured by the further full testimony of the witness to the same matters . LD . - SUPPORT OF FINDING - EARNING OF ...
Outras edições - Ver tudo
Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 33 Visualização integral - 1917 |
Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 58 Visualização integral - 1923 |
Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 34 Visualização integral - 1918 |
Palavras e frases frequentes
affirmed agreement alleged amended amount answer Appellate District.-July cause of action charge Chipman City and County Civil Code Civil Procedure claim Code Civ Code of Civil Company complaint concurred constitution contract County of San crime damages deceased deed defendant defendant's demurrer district attorney error evidence execution facts fendant filed findings Frank Silva granted hundred dollars instruction interest issue J.-This Judge judgment and order jurors jury land lease lien Los Angeles County ment motion notice objection opinion order denying owner paid parties payment Penal Code person petition petitioner plaintiff pleadings possession premises promissory note purchase question reason refused rendered Respondent rule San Francisco Second Appellate statement statute statute of limitations sufficient Superior Court supreme court sustained testified testimony therein thereof Third Appellate tiff tion trial court unlawful detainer verdict witness writ
Passagens conhecidas
Página 571 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Página 2 - ... with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be guilty of a felony and shall be imprisoned in the State prison for a term of from one year to life.
Página 144 - Suits may be brought against the State in such manner and in such Courts as shall be directed by law.
Página 231 - A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.
Página 210 - The fourteenth amendment to the Constitution of the United States does not prohibit legislation which is limited either In the objects to which it is directed, or by the territory within which it Is to operate. It merely requires that all persons subjected to such legislation shall be treated alike, under like circumstances and conditions, both In the privileges conferred and In the liabilities imposed.
Página 150 - ... upon such terms as may be just, relieve a, party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Página 184 - 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.
Página v - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Página 67 - All general laws and special acts passed pursuant to this section may be altered from time to time or repealed.
Página 692 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.