Reports of Cases Determined in the Supreme Court of the State of California, Volume 103
Bancroft-Whitney, 1906 - Law reports, digests, etc
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action affirmed agreement alleged allowed amount answer appellant application assessment attorney authority Bank cause charge City Civil claim Code complaint concurred consideration constitution construction contract corporation damages deed defendant demand Department determined direct district dollars easement effect entered entitled error evidence facts favor filed findings follows give given grant ground held instruction intent interest involved issue judg judgment jurisdiction jury land matter ment motion necessary notice objection opinion order denying owner paid party payment person plaintiff possession present proceedings proof provision purchase question reason receiver record recover reference refused rendered Respondent reversed rule San Francisco shares specifications statement statute street sufficient Superior Court sustained taken thereof tion trial verdict void witness
Page 695 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which in the ordinary course of things would be likely to result therefrom.
Page 676 - ... 5. That the offense was committed at some time prior to the time of finding the indictment ; 6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended ; •j.
Page 171 - ... proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares, and against other property held by the respective parties. When, however, a litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.
Page 183 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Page 458 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
Page 328 - All contracts for the sale of shares of the capital stock of any corporation or association, on margin or to be delivered at a future day, shall be void, and any money paid on such contracts may be recovered by the party paying it by suit in any Court of competent jurisdiction.
Page 101 - a written instrument is presumptive evidence of a consideration;" and section 1615 provides that "the burden of showing a want of consideration sufficient to support an Instrument lies with the party seeking to invalidate or avoid it.
Page 154 - Every claim which is due, when presented to the executor or administrator, must be supported by the affidavit of the claimant, or some one in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant.
Page 65 - This offer had been accepted by the board; and in the absence of a showing to the contrary it will be presumed that the county commissioners have taken all due precautions in the premises, and that they can compel Mr.
Page 242 - The requirement of a public trial is for the benefit of the accused ; that the public may see he is fairly dealt with and not unjustly condemned, and that the presence of interested spectators may keep his triers keenly alive to a sense of their responsibility and to the importance of their functions...