Reports of Cases Determined in the Courts of Appeal of the State of California, 35. sējums
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accident action affirmed agreed agreement alleged amended amount answer appellant application attorney authority bond called cause charge Civil claim Code commission Company compensation complaint conclusion condition consideration constitution contention contract corporation County damages death deceased deed defendant demand denied determine directed district duty effect entered entitled evidence examination execution facts filed findings follows further given granted ground held hundred dollars injury instruction interest issue Judge judgment jury land lien matter ment motion notice objection opinion owner paid party payment performance person petition petitioner plaintiff presented Procedure proceeding purchase question reason received record referred Respondent rule statute Street sufficient Superior Court supreme court sustained testified testimony thereof thousand tion trial trust witness
432. lappuse - Manslaughter is the unlawful killing of a human being, without malice. It is of two kinds: 1. Voluntary upon a sudden quarrel or heat of passion. 2. Involuntary in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.
889. lappuse - It need not have been foreseen or expected, but after the event it must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a rational consequence.
268. lappuse - ... together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest.
719. lappuse - That a witness false in one part of his testimony is to be distrusted in others; 4.
630. lappuse - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
212. lappuse - 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.
625. lappuse - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, Ls the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not...
12. lappuse - Wilkinson as receiver recited that he was appointed "with the usual powers of receivers in such cases upon his filing a bond with the clerk of this court and executed to the state of California in the penal sum of ten thousand dollars, conditioned for the faithful performance and discharge of his duties in the usual form.
97. lappuse - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract. To the extent, and in the manner, and under the circumstances, pointed out in his obligation, he is bound, and no further.
478. lappuse - ... 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...