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affidavit affirmed agent agreement alleged amendment application assignment authority Bakersfield bank building cause heard cause of action charge Civil Code Civil Procedure claim Code of Civil complaint concurred Conrey constitution construction contention contract corporation court of appeal damages deceased declared deed defendant defendant's district attorney district court effect entitled evidence execution facts fendant filed finding Garvanza hundred dollars instruction issue Judge judgment and order jury Kern County land lease lien ment Modoc County motion negligence notice opinion order denying owner paid parties payment performed person petitioner plaintiff possession premises promissory note prosecution purchase purpose question quiet title real property reason record recover refused Respondent rule Second Appellate statute sufficient Superior Court supreme court testified testimony therein thereof thousand dollars tion Tognola trial court trust witness
Page 449 - Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1.
Page 61 - In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before maturity.
Page 710 - This policy shall be canceled at any time at the request of the insured ; or by the company by giving five days' notice of such cancellation. If this policy shall be canceled as hereinbefore provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or last renewal, this company retaining...
Page 790 - The Legislature shall have no power to impose taxes upon counties, cities, towns, or other public or municipal corporations, or upon the inhabitants or property thereof, for county, city, town, or other municipal purposes, but may, by general laws, vest in the corporate authorities thereof the power to assess and collect taxes for such purposes.
Page 295 - One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein.
Page 112 - No Senator or Member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by elections by the people.
Page 81 - ... the fact that the employee may have been guilty of contributory negligence shall not bar a recovery where his contributory negligence was slight and that of the employer was gross in comparison...
Page 160 - ... transacted and carried on within the limits of their respective jurisdictions, and all shows, exhibitions, and lawful games carried on therein, to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise...
Page 196 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.