Reports of Cases Determined in the Supreme Court of the State of California, Volume 180 |
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Common terms and phrases
accident action affirmed agreement alleged amendment amount Angeles appellant application assessment authority Bank bonds cause circumstances Civil claim Code Company complaint conclusion concurred condition considered constitution contention contract corporation County court death deceased decision deed defendant denied determined direct dollars effect entered entitled evidence execution express fact favor feet finding follows further give given grant ground held hundred indorsement injury instruction intention interest issue Judge judgment jury land liability lien limitations matter ment necessary negligence notice officer operation opinion owner paid parties payment person plaintiff possession present prior proceeding proof question reason received record recover reference Respondent result rule statute street sufficient Superior testimony thereof thousand tion trial trial court true Trust
Popular passages
Page 817 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 275 - As respects one another, indorsers are liable prima facie in the order in which they indorse; but evidence is admissible to show that as between or among themselves they have agreed otherwise.
Page vi - Justice of the Court when so convened. 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. In the determination of causes, all decisions of the Court in bank or in departments shall be given in writing, and the grounds of the decision...
Page 140 - An agreement, the terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable.
Page 123 - Every person in the service of the State, or any county, city and county, city, town, village or school district therein, and all public corporations, under any appointment or contract of hire, express or implied, oral or written...
Page 143 - ... be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 639 - The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee: — (a) A wife upon a husband with whom she lives at the time of his death.
Page 175 - The granting or denial of a preliminary injunction does not amount to an adjudication of the ultimate rights in controversy. It merely determines that the court, balancing the respective equities of the parties, concludes that, pending a trial on the merits, the defendant should or that he should not be restrained from exercising the rights claimed by him.
Page 275 - Where a person not otherwise a party to an instrument places thereon his signature in blank before delivery, he is liable as indorser in accordance with the following rules: " (1) If the instrument is payable to the order of a third person, he is liable to the payee and to all subsequent parties.
Page 55 - No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose...