Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 1Bancroft-Whitney Company, 1906 |
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Página 45
... judgment - roll ; and error appears where the minutes of the plea show only the general plea of not guilty , and the jury did not return any finding upon the charge of prior con- viction , although the judgment recites a conviction of ...
... judgment - roll ; and error appears where the minutes of the plea show only the general plea of not guilty , and the jury did not return any finding upon the charge of prior con- viction , although the judgment recites a conviction of ...
Página 50
... judgment - roll show that the charge of prior convictions was admitted ; nor did the jury return any find- ing as to the charge of prior convictions , although the judg- ment recites a conviction of five such charges . If in fact the ...
... judgment - roll show that the charge of prior convictions was admitted ; nor did the jury return any find- ing as to the charge of prior convictions , although the judg- ment recites a conviction of five such charges . If in fact the ...
Página 54
... JUDGMENT - ROLL - AFFIDAVIT AND ORDER NOT INCLUDED . -In an action of ejectment , where judgment was rendered for defendant under title acquired through foreclosure of a mortgage upon publication of summons against the owner of the ...
... JUDGMENT - ROLL - AFFIDAVIT AND ORDER NOT INCLUDED . -In an action of ejectment , where judgment was rendered for defendant under title acquired through foreclosure of a mortgage upon publication of summons against the owner of the ...
Página 55
... judgment - roll in the foreclosure suit , and in making such offer enumerated a number of papers , among them the affidavit and order for publication . No objection was made , and the court then said : " Very well , received in evidence ...
... judgment - roll in the foreclosure suit , and in making such offer enumerated a number of papers , among them the affidavit and order for publication . No objection was made , and the court then said : " Very well , received in evidence ...
Página 56
... judgment in foreclosure was rendered ( 1894 ) neither the affidavit nor order for publication formed part of a judgment - roll . ( People v . Temple , 103 Cal . 447 , [ 37 Pac . 414 ] ; In re Newman , 75 Cal . 213 , 1 [ 16 Pac . 887 ] ...
... judgment in foreclosure was rendered ( 1894 ) neither the affidavit nor order for publication formed part of a judgment - roll . ( People v . Temple , 103 Cal . 447 , [ 37 Pac . 414 ] ; In re Newman , 75 Cal . 213 , 1 [ 16 Pac . 887 ] ...
Outras edições - Ver tudo
Reports of Cases Determined in the District Courts of Appeal of the State of ... Visualização de excertos - 1943 |
Reports of Cases Determined in the District Courts of Appeal of the State of ... Visualização de excertos - 1943 |
Reports of Cases Determined in the District Courts of Appeal of the State of ... Visualização de excertos - 1948 |
Palavras e frases frequentes
affirmed agreement alleged amendment amount answer Appellant assignment cause of action charge charter charter party city and county Civil Procedure claim Code Civ Code of Civil Company complaint concurred constitution contract County of San crime damages deceased defendant defendant's demurrer district attorney entitled error evidence execution executors facts favor fendant filed findings foreclosure Frank Silva ground hundred dollars injury instruction interest issue Judge jurisdiction jurors jury land lease lien ment mortgage motion negligence notice objection opinion order denying owner paid parties payment Penal Code person petition petitioner plaintiff pleadings possession premises promissory note prosecution purchase question reason refused rendered Respondent rule San Francisco 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 400 - 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 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 527 - The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained.
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 719 - Having no absolute right of recognition in other States but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose. They may exclude the foreign corporation entirely ; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment...
Página 669 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
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...