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 81
Page 1
... a demurrer to the original com- plaint had been sustained by the court the plaintiff filed an amended complaint . Upon the motion of the CXII . CAL . - 1 ( 1 ) defendant the court struck out certain portions of this amended.
... a demurrer to the original com- plaint had been sustained by the court the plaintiff filed an amended complaint . Upon the motion of the CXII . CAL . - 1 ( 1 ) defendant the court struck out certain portions of this amended.
Page 2
... sustained superseded the original complaint , and the error , if any , committed in sustaining the demurrer was thereby waived .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 ...
... sustained superseded the original complaint , and the error , if any , committed in sustaining the demurrer was thereby waived .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 ...
Page 3
... sustained , unless it is made to appear that the verdict was the result of some error at the trial , or that the ... sustain the judgment , that the plaintiff failed to introduce any evidence in support of his cause of action . In the ...
... sustained , unless it is made to appear that the verdict was the result of some error at the trial , or that the ... sustain the judgment , that the plaintiff failed to introduce any evidence in support of his cause of action . In the ...
Page 15
... sustain the finding , if it may be so regarded , recited in the order that there was no property of the estate . The evidence clearly tended to establish the existence of property of the estate ; and that it had ever been fully ...
... sustain the finding , if it may be so regarded , recited in the order that there was no property of the estate . The evidence clearly tended to establish the existence of property of the estate ; and that it had ever been fully ...
Page 27
... sustained . APPEAL - LAW OF CASE - DEMURRER - TRIAL OF CASE . -A decision rendered upon demurrer to the complaint upon a former appeal is the law of the case upon a second appeal , taken after a trial of the case , where the facts are ...
... sustained . APPEAL - LAW OF CASE - DEMURRER - TRIAL OF CASE . -A decision rendered upon demurrer to the complaint upon a former appeal is the law of the case upon a second appeal , taken after a trial of the case , where the facts are ...
Contents
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521 | |
109 | |
168 | |
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176 | |
195 | |
196 | |
214 | |
218 | |
233 | |
256 | |
271 | |
292 | |
294 | |
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309 | |
327 | |
343 | |
362 | |
366 | |
412 | |
533 | |
543 | |
544 | |
547 | |
564 | |
571 | |
581 | |
591 | |
593 | |
600 | |
602 | |
622 | |
629 | |
651 | |
661 | |
699 | |
702 | |
721 | |
741 | |
749 | |
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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.