Reports of Cases Determined in the Supreme Court of the State of California, Volume 78Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Results 1-5 of 99
Page 6
... payment , and on the twenty - ninth day of March , 1883 , a certificate of purchase was issued to him for the land described in his application . On the twenty - sev- enth day of September , 1883 , Higgins sold , assigned , and ...
... payment , and on the twenty - ninth day of March , 1883 , a certificate of purchase was issued to him for the land described in his application . On the twenty - sev- enth day of September , 1883 , Higgins sold , assigned , and ...
Page 15
... PAYMENT BY CHECK - DISHONOR OF CHECK - INSTRUCTION . -When the trial of an issue involves a question of payment of a debt by a check which was dishonored it is error to refuse to instruct the jury that when a check is given in payment ...
... PAYMENT BY CHECK - DISHONOR OF CHECK - INSTRUCTION . -When the trial of an issue involves a question of payment of a debt by a check which was dishonored it is error to refuse to instruct the jury that when a check is given in payment ...
Page 16
... payment of the debt for which it is given , but it is always taken subject to payment at the bank in due course of business , and upon that condition alone . ( 2 Benjamin on Sales , sec . 1083 , p . 944 ; Story on Bills , sec . 419 ...
... payment of the debt for which it is given , but it is always taken subject to payment at the bank in due course of business , and upon that condition alone . ( 2 Benjamin on Sales , sec . 1083 , p . 944 ; Story on Bills , sec . 419 ...
Page 19
... payment and dis- charge of such advances . In reference to this payment by check , the plaintiff by its counsel requested the court to direct the jury as fol- lows : " When a check is given in payment of a debt , it is only accepted on ...
... payment and dis- charge of such advances . In reference to this payment by check , the plaintiff by its counsel requested the court to direct the jury as fol- lows : " When a check is given in payment of a debt , it is only accepted on ...
Page 20
... payment and in satis- faction of a debt , such acceptance would establish pay- ment of such a debt . " The plaintiff excepted to the refusal of the court to give the requested direction , and also excepted to the giving of the ...
... payment and in satis- faction of a debt , such acceptance would establish pay- ment of such a debt . " The plaintiff excepted to the refusal of the court to give the requested direction , and also excepted to the giving of the ...
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Common terms and phrases
affidavit affirmed alleged answer appellant assignment attorney authority aver cause of action charge cited Civil Procedure claim Code Civ Code of Civil complaint concurred constitution contract conveyance conveyed counsel county of San creditors damages deceased deed defendant defendant's demurrer entitled evidence execution facts fendant filed findings fraud ground Harrison Davis homestead Huson injury insolvent issue John Button judge judgment and order jurisdiction jurors jury land lien matter MCFARLAND ment misjoinder mortgage motion notice opinion order denying owner paid party patent PATERSON payment person Placer County plain plaintiff pleading possession probative facts proceedings purchase purpose question quiet title railroad reason Respondent rule San Francisco San Joaquin County SHARPSTEIN statute sufficient Superior Court sustained thereof THORNTON thousand dollars tiff tion tract trial Tuolumne County verdict void warrant wife witness
Popular passages
Page 616 - Anything which is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.
Page 2 - Either party may present to the court any written charge, and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused, the court must indorse and sign its decision. If part be given and part refused, the court must distinguish, showing by the indorsement what part of the charge was given and what part refused.
Page 184 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 335 - When the jury has separated without leave of the court, after retiring to deliberate upon their verdict, or been guilty of any misconduct by which a fair and due consideration of the case has been prevented; 4.
Page 277 - America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto the said party of the second part, and to his heirs and assigns forever, [here give description of property].
Page 616 - ... obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. Such action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance ; and by the judgment, the nuisance may be enjoined or abated, as well as damages recovered.
Page 40 - 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 120 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Page 59 - ... in trust for the several use and benefit of the occupants thereof, according to their respective interests; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the state or territory in which the same may be situated.
Page 92 - 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.