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affirmed alleged amount answer appeal appellant averment cause of action certiorari charge Civil Procedure claim Code of Civil Colusa County complaint concurred constitution contract contractors corporation deceased deed defendant defendant's demurrer deposit district attorney duty entitled equity error evidence executed facts favor fendant filed findings granted instructions intended issue J. W. Kennedy Judge judgment jurisdiction juror jury land lien lumber mandamus manslaughter mechanic's lien ment mortgage motion municipal objection offense opinion order denying ordinance owner paid parties payment Penal Code person petition petitioner plaintiff possession prior proceedings purpose question quiet title reason record refused rendered Respondent rule Shasta County statute sufficient Superior Court supreme court testified testimony therein thereof thereto tion trial court trust verdict witness writ writ of mandate
Page 168 - The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 500 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 139 - A defendant in a criminal action or proceeding cannot be compelled to be a witness against himself; but if he offers himself as a witness, he may be cross-examined by the counsel for the people as to all matters about which he was examined in chief. His neglect or refusal to be a witness cannot in any manner prejudice him nor be used against him on the trial or proceeding.
Page 865 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...
Page 350 - A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Page 506 - Mechanics, material-men, artisans, and laborers of every class shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens.
Page 465 - An appeal is taken by filing, with the Clerk of the Court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the adverse party or his attorney.
Page 247 - An agent has authority: 1. To do everything necessary or proper and usual, in the ordinary course of business, for effecting the purpose of his agency; and, 2.
Page 573 - A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, a.nd every grant by a public officer or body, as such, to a private party, is to be interpreted in favor of the grantor.
Page 236 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved...