Reports of Cases Determined in the Supreme Court of the State of California, Volume 112Bancroft-Whitney, 1896 - Law reports, digests, etc |
From inside the book
Results 1-5 of 73
Page 1
... error in sustaining a demurrer to a previous com- plaint , or in striking out a portion of a previous complaint as being irrelevant and redundant . ID . - DEMURRER TO SPECIAL DEFENSE - APPEAL FROM JUDGMENT - PRE- SUMPTION . — Where an ...
... error in sustaining a demurrer to a previous com- plaint , or in striking out a portion of a previous complaint as being irrelevant and redundant . ID . - DEMURRER TO SPECIAL DEFENSE - APPEAL FROM JUDGMENT - PRE- SUMPTION . — Where an ...
Page 2
... error , if any , committed in sustaining the demurrer was thereby waived . ( Gale v . Tuolumne Water Co. , 14 Cal . 25 ; Gan- ceart v . Henry , 98 Cal . 281. ) For the same reason the subsequent filing of another amended complaint ...
... error , if any , committed in sustaining the demurrer was thereby waived . ( Gale v . Tuolumne Water Co. , 14 Cal . 25 ; Gan- ceart v . Henry , 98 Cal . 281. ) For the same reason the subsequent filing of another amended complaint ...
Page 3
... error at the trial , or that the cause was submitted to the jury for trial by reason of some error of the court . When an appeal is heard upon the judgment - roll alone , containing a verdict for the defendant , and in which there is no ...
... error at the trial , or that the cause was submitted to the jury for trial by reason of some error of the court . When an appeal is heard upon the judgment - roll alone , containing a verdict for the defendant , and in which there is no ...
Page 4
... error of law ; but it is the duty of the court to find upon all the material issues regardless of the request of the parties , and its failure to do so is a decision against law , which is ground for a motion for new trial . NEW TRIAL ...
... error of law ; but it is the duty of the court to find upon all the material issues regardless of the request of the parties , and its failure to do so is a decision against law , which is ground for a motion for new trial . NEW TRIAL ...
Page 6
... error of law . No such practice is recognized by our present method of procedure provided by the code . ( Lamb v . Harbaugh , 105 Cal . 680 , 692. ) It is the duty of the court to find upon all the material issues , regardless of any ...
... error of law . No such practice is recognized by our present method of procedure provided by the code . ( Lamb v . Harbaugh , 105 Cal . 680 , 692. ) It is the duty of the court to find upon all the material issues , regardless of any ...
Contents
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Common terms and phrases
administrator affirmed agreement alleged amended amici curiæ amount appellant attorney authority averred Bank Burlings cause of action Civil Code Civil Procedure claim Code Civ Code of Civil community property complaint concurred constitution contract corporation court of equity creditors crop debt deceased declared decree deed defendant defendant's demurrer domicile entitled equity estoppel evidence executed executor facts favor finding foreclosure Fresno County fund GAROUTTE ground HENSHAW indebtedness interest issue Judge judgment and order jurisdiction jury land liability lien MCFARLAND ment mortgage mortgagor motion municipal notice objection opinion order denying owner paid parties payment person plaintiff Political Code possession Proc purchase question quiet title reason refused rendered respondent rule San Francisco Sharon statute stockholders sufficient Superior Court supra sustained tax-collector testimony thereof tion trial trust valid void William Sharon witness
Popular passages
Page 442 - An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 97 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 432 - 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 471 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors...
Page 320 - 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 it for such year, without the assent of two-thirds of the qualified electors thereof voting at an election to be held for that purpose...
Page 39 - State, and that the payment of the same has not been secured by any mortgage or lien upon real or personal property, or any pledge of personal property...
Page 471 - No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.
Page 471 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Page 98 - Every freeman has an undoubted right to lay what sentiments he pleases before the public ; to forbid this, is to destroy the freedom of the press ; but if he publishes what is improper, mischievous or illegal, he must take the consequences of his own temerity.
Page 371 - That a letter duly directed and mailed was received in the regular course of the mail; 25.