Reports of Cases Determined in the Supreme Court of the State of California, Volume 126Bancroft-Whitney, 1906 - Law reports, digests, etc |
Contents
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Common terms and phrases
affirmed alleged amended appeal Appellant applied assessment attorney authority Bank bonds cause of action certificate cetera charter city and county Civil Code Civil Procedure claim Code of Civil complaint concurred constitution contract corporation county of San court of equity cross-complaint damages declared decree deed defendant defendant's demurrer dismiss dollars election entitled evidence executed facts favor fendant filed finding foreclosure fraud grant ground Henshaw homestead husband injury instruction interest issue judge jurisdiction jury Kern county land legislature lien McFarland ment misjoinder motion municipal municipal corporation negligence note and mortgage officers opinion order denying owner paid parties payment person Placer County plaintiff pleadings prosecution question quiet title reason refused Respondent riparian rule San Francisco statute street sufficient superior court supra therein thereof tion Tirey L trial trust valid void wife witness writ
Popular passages
Page 341 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 114 - After the passage of this act, all property which shall pass by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state, or if such decedent was not a resident of this state at the time of death, which property, or any part thereof, shall be within this state...
Page 4 - That a witness false in one part of his testimony is to be distrusted in others; 4.
Page 114 - When the property or any beneficial interest therein passes by any such transfer to or for the use of any father, mother, husband, wife, child, brother, sister, wife or widow of a son or the husband of a daughter...
Page 6 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Page vi - The concurrence of four justices present at the argument shall be necessary to pronounce a judgment in bank ; but if four justices, so present, do not concur in a judgment, then all the justices qualified to sit in the cause shall hear the argument ; but to render a judgment a concurrence of four judges shall be necessary.
Page 652 - In all cases arising under section twelve hundred and twenty-seven, or under the provisions of this title, except as otherwise provided in section thirty-four hundred and forty, the question of fraudulent intent is one of fact and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration...
Page 294 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 118 - ... to make any gift, or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever...
Page 187 - Whenever an appeal is perfected as provided in the preceding sections of this chapter, it stays all further proceedings in the court below upon the judgment or order appealed from...