Reports of Cases Determined in the Supreme Court of the State of California, Volume 46Bancroft-Whitney, 1879 |
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Página 11
... errors in law were , if the new trial is asked on said grounds , or it will be disregarded . IMPLIED FINDINGS OF FACT . - If the facts found are silent upon some mate- rial issue , the law implies that the Court found upon that issue in ...
... errors in law were , if the new trial is asked on said grounds , or it will be disregarded . IMPLIED FINDINGS OF FACT . - If the facts found are silent upon some mate- rial issue , the law implies that the Court found upon that issue in ...
Página 14
... errors on motion for new trial and appeal , makes the following specifications : " First . The Court erred in rendering a judgment for gold coin . " Second . The findings of fact and conclusions of law . drawn from the facts are ...
... errors on motion for new trial and appeal , makes the following specifications : " First . The Court erred in rendering a judgment for gold coin . " Second . The findings of fact and conclusions of law . drawn from the facts are ...
Página 17
... error in the judgment . Judgment affirmed . Mr. Justice BELCHER , being disqualified , did not partici- pate in the decision . [ No. 3,371 . ] MARGARET BRENNAN v . CHARLES FORD AND LUCIUS SANBORN . OFFICE OF A DEMURRER . - It is not the ...
... error in the judgment . Judgment affirmed . Mr. Justice BELCHER , being disqualified , did not partici- pate in the decision . [ No. 3,371 . ] MARGARET BRENNAN v . CHARLES FORD AND LUCIUS SANBORN . OFFICE OF A DEMURRER . - It is not the ...
Página 39
... error cannot be presented upon a motion for a new trial , but that the plaintiff's remedy was by appeal from the judgment . In support of this posi- tion , the appellant urges that since the Court , upon the motion of defendant ...
... error cannot be presented upon a motion for a new trial , but that the plaintiff's remedy was by appeal from the judgment . In support of this posi- tion , the appellant urges that since the Court , upon the motion of defendant ...
Página 52
... error in the Court to allow plaintiff to introduce evidence of a special contract in support of the quantum meruit count : 7 Cowen , 92 ; 18 Johns , 456 ; 10 Johns , 36 . Such testimony is only admissible when plaintiff is pre- vented ...
... error in the Court to allow plaintiff to introduce evidence of a special contract in support of the quantum meruit count : 7 Cowen , 92 ; 18 Johns , 456 ; 10 Johns , 36 . Such testimony is only admissible when plaintiff is pre- vented ...
Outras edições - Ver tudo
Reports of Cases Determined in the Supreme Court of the State of ..., Volume 119 California. Supreme Court Visualização integral - 1906 |
Reports of Cases Determined in the Supreme Court of the State of ..., Volume 113 California. Supreme Court Visualização integral - 1906 |
Reports of Cases Determined in the Supreme Court of the State of ..., Volume 109 California. Supreme Court Visualização integral - 1906 |
Palavras e frases frequentes
administrator affreightment alleged allowed amount appeal Argument for Appellant Argument for Respondent assessment Assessors authority averred Board of Equalization Board of Supervisors cents City and County claim commenced complaint Constitution contract conveyance conveyed County of San Court of equity Court-Belcher Court-Crockett creditor deceased deed defendant denied District Court elected entitled equity evidence executed filed Grand Jury granted ground homestead hundred interest judgment land Legislature lien ment metes and bounds mortgage motion notice Opinion owner paid party payment person Placer County plaintiff Political Code possession premises Probate Court proceedings purchase question rancho recover remittitur Richard Pearson rule San Francisco Sheriff Sheriff's deed solvent debts Statement of Facts Stats statute Statute of Limitations Tax Collector taxation tenants in common testator thousand dollars tide lands tion tract trial valuation verdict void writ
Passagens conhecidas
Página 119 - 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.
Página 577 - For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: 1.
Página 408 - Taxation shall be equal and uniform throughout the State. All property in this State shall be taxed in proportion to its value, to be ascertained as directed by law ; but Assessors and Collectors of town, county and State taxes, shall be elected by the qualified electors of the district, county, or town in which the property taxed for State, county or town purposes, is situated.
Página 382 - This rule excludes all evidence of collateral facts, or those which are incapable of affording any reasonable presumption or inference, as to the principal fact or matter in dispute...
Página 495 - The powers of the Government of the State of California shall be divided into three separate departments: the Legislative, the Executive and Judicial ; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Página 99 - After a plea or verdict of guilty, or after a verdict against the defendant on a plea of a former conviction or acquittal, if the judgment be not arrested, or a new trial granted, the court must appoint a time for pronouncing judgment.
Página 118 - ... of the statutes which it specifies as continuing in force and as not affected by its provisions, or by some ordinance, municipal, county, or township regulation, passed or adopted, under such statutes and in force when this code takes effect. Any act or omission commenced prior to that time may be inquired of, prosecuted, and punished in the same manner as if this code had not been passed.
Página 598 - When any testator shall omit to provide in his will for any of his children, or for the issue of any deceased child, and it shall appear that such omission was not intentional, but was made by mistake or accident, such child, or the issue of such child, shall have the same share in the estate of the testator as if he had died intestate, to be assigned as provided in the preceding section.
Página 599 - ... they may respectively receive under the will, unless the obvious intention of the testator in relation to some specific devise or bequest or other provision in the will would thereby be defeated, in which case such specific devise, legacy or provision may be exempted from such apportionment, and a different apportionment may be adopted in the discretion of the probate court.
Página 415 - ... property — such value to be ascertained by some person or persons, to be elected or appointed in such manner as the general assembly shall direct, and not otherwise...