Reports of Cases Determined in the Supreme Court of the State of California, Volume 181Bancroft-Whitney, 1921 - Law reports, digests, etc |
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Common terms and phrases
affirmed agreement alleged amount Angeles Angellotti Appellant application assessment attorney authority award bank breach cause of action Civil Code Civil Procedure claim Code of Civil Company compensation complaint conclusive presumption concurred contract conveyed corporation County damages death deceased decision declared deed defendant defendant's demurrer denied effect employee entitled evidence fact filed finding forma pauperis fraud granted Hedrick hundred dollars husband injury interest Judge judgment jurisdiction jury land Lawlor Lennon Los Angeles County matter ment motion nonsuit notice obligation Olney opinion osteopathy owner paid parties payment person petition petitioner plaintiff possession power of attorney proceeding provisions purchase question quiet title reason recover Respondent rule Stats statute street sufficient Superior Court testator testatrix testimony thereof thousand dollars tion tract trial court trust vendee vendor wife Wilbur witness writ
Popular passages
Page 246 - Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.
Page 753 - Every agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agent, if such agreement, promise or undertaking: 1. By its terms is not to be performed within one year from the making thereof ; 2.
Page 57 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Page 103 - The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate; "6.
Page 339 - States, or given aid and comfort to its enemies, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person...
Page 504 - Rep. 134, wherein it was held that it was properly left to the jury to determine whether or not a supervening cancerous growth was caused by injuries sustained by plaintiff as a result of defendant's negligence.
Page 683 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 760 - And in the absence of such an express declaration, we think that we are to look to the whole contract, and applying the rule stated by Parke, B., to be acknowledged, see whether the particular stipulation goes to the root of the matter, so that a failure to perform it would render the performance of the rest of the contract by the plaintiff a thing different in substance from what the defendant has stipulated for ; or whether it merely partially affects it and may be compensated for in damages.
Page 634 - In an action upon a contract, express or implied, for the direct payment of money...
Page 683 - All persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except as otherwise provided in this article.