California Law Review, Volume 3School of Jurisprudence of the University of California, 1915 - Electronic journals |
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Popular passages
Page 174 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law.
Page 328 - A witness may also be impeached, by evidence that he has made, at other times, statements inconsistent with his present testimony ; but before this can be done, the statements must be related to him, with the circumstances of times, places and persons present ; and he must be asked whether he has made such statements, and if so, allowed to explain them. If the statements be in writing, they must be shown to the witness, before any question is put to him concerning them.
Page 23 - What constitutes a proper performance of the duties of a director is a question of fact, which must be determined in each case in view of all the circumstances, the character of the company, the condition of its business, the usual methods of managing such companies, and all other relevant facts must be taken into consideration.
Page 250 - The carrier and his customer do not stand on a footing of equality. The latter is only one individual of a million. He cannot afford to higgle, or stand out and seek redress in the courts.
Page 182 - ... or any examiner appointed by it, and may from time to time, direct any employee claiming compensation to be examined by a regular physician...
Page 170 - God forbid that it should be imagined that an attorney or a counsel or even a judge, is bound to know all the law, or that an attorney is to lose his fair recompense on account of an error, being such an error as a cautious man might fall into.
Page 31 - ... proportion of all its debts and liabilities contracted or incurred during the time he was a stockholder, as the amount of stock or shares owned by him bears to the whole of the subscribed capital stock or shares of the corporation or association. The directors or trustees of corporations and joint-stock associations shall be jointly and severally liable to the creditors and stockholders for all moneys embezzled or misappropriated by the officers of such corporation or joint-stock association...
Page 204 - A testamentary disposition may be made to any person capable by law of taking the property so disposed of...
Page 81 - 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.
Page 387 - ... based upon the contract of the parties, and the contract here is only that, upon the happening of a certain event, the trustee shall sell.