Reports of Cases Determined in the Supreme Court of the State of California, Band 116Bancroft-Whitney, 1906 |
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affirmed alleged amended amount appeal appellant assessment assignee attorney authority averred Bank cause of action charge Cited Civil Code Civil Procedure claim Code Civ Code of Civil community property Company complaint concurred constitute contract corporation creditors CRIMINAL damages deceased decree default defendant defendant's demurrer dismiss dollars entitled error evidence execution facts favor fendant filed foreclose foreclosure fraud ground insolvent instruction interest Judge judgment and order jurors jury jury fees land liability lien MCFARLAND ment misjoinder mortgage motion notice objection opinion order denying owner paid parties payment peremptory challenges person plaintiff pleaded possession proceedings promissory note prosecution purchase question reason refused respondent rule San Francisco San Luis Obispo statute statute of limitations stockholders street sufficient Superior Court supra testator testified testimony thereof tion tract trial verdict void wife witness
Beliebte Passagen
Seite 166 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Seite 24 - All property in the State except as otherwise in this Constitution provided, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law...
Seite 383 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Seite 383 - It is not a mental discretion, to be exercised ex gratia, but a legal discretion, to be exercised in conformity with the spirit of the law and in a manner to subserve and not to impede or defeat the ends of substantial justice.
Seite 96 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Seite 515 - The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land.
Seite 80 - ... he has made at other times statements inconsistent with his present testimony, as provided in section 4-712; * * * ". Section 4-712 provides : "A witness may also be impeached by evidence that he has made, at other times, statements inconsistent with his present testimony...
Seite 368 - The receiver has, under the control of the court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the court may authorize.
Seite 119 - There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which action must be in accordance with the provisions of this chapter.
Seite 379 - 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.