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affirmed agreed agreement alleged amended amount Appellate District.—May authority bank cause heard cause of action charge Civil Procedure claim Code of Civil Company complaint concurred constitute contract contractor corporation County of San court of appeal crime cross-complaint damages decree deed defendant defendant's deficiency judgment demurrer denied district attorney district court engine entitled evidence execution facts fendant filed findings five hundred dollars Francis Cutting held Henry Cowell Horstman instruction issue Judge judgment jury land lease liable lien ment mortgage motion negligence notice opinion owner paid parties payment person petition petitioner plaintiff possession premises promissory note Public Utilities Act purchase question real property reason record recover Respondent San Francisco statute Street sufficient Superior Court supreme court testified testimony thereof thousand dollars tion tractor trial court trust unlawful detainer verdict witness
Page 107 - ... after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.
Page 494 - That they are not bound to decide in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a less number or against a presumption or other evidence satisfying their minds; 3.
Page 131 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 247 - To indemnify the assured . . . against loss by reason of the liability imposed by law upon the assured for damages on account of bodily injuries...
Page 378 - ... to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources and add to its wealth and prosperity.
Page 642 - The Legislature shall provide for a system of Common Schools, by which a school shall be kept up and supported in each district at least three months in every year : and any school district neglecting to keep up and support such a school, may be deprived of its proportion of the interest of the public fund during such neglect.
Page 190 - A witness is allowed to refresh his memory respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing.
Page 57 - ... and the application of the proceeds of the sale to the payment of the costs of the...