Reports of Cases Determined in the Supreme Court of the State of California, Volume 112Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Results 1-5 of 100
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 OXII . 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 OXII . 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 sustained superseded the original complaint , and the error , if any , committed in sustaining the demurrer was thereby waived .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 sustained superseded the original complaint , and the error , if any , committed in sustaining the demurrer was thereby waived .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 ren- dered 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 ...
... sustained . APPEAL - LAW OF CASE - DEMURRER - TRIAL OF CASE . - A decision ren- dered 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 ...
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Common terms and phrases
administration affidavit affirmed agreement alimony alleged amended amici curiae amount appellant authority Bank cause of action cited Civil Code Civil Procedure claim Code Civ Code of Civil community property complaint concurred constitution contract corporation crop debt deceased declared decree defendant defendant's demurrer Department Two.-March divorce domicile entitled estoppel evidence executed facts favor Fresno County GAROUTTE ground HENSHAW indebtedness instruction interest issue Judge judgment and order jurisdiction jury land liability license taxes lien MCFARLAND ment mortgagor motion municipal objection opinion order denying ordinance owner paid parties payment Pennoyer plaintiff Political Code Proc question quiet title reason refusing rendered respondent San Diego County service of process sewer fund statute stockholders sufficient Superior Court supra sustained tax-collector testimony thereof thousand dollars tion trial trust valid void witness
Popular passages
Page 98 - The liberty of the press is indeed essential to the nature of a free state ; but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter, when published. 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 consequence of his own temerity.
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 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 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 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 93 - ... all the real property of the judgment debtor, not exempt from execution, in such county, owned by him at the time, or which he may afterwards and before the lien expires, acquire.
Page 51 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: 1.
Page 559 - A breach of warranty. without fraud, merely exonerates an insurer from the time that it occurs, or where it is broken in its inception prevents the policy from attaching to the risk.
Page 626 - Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these cases, lapse of time and delay are most material.