California Appellate Decisions, Band 4Recorder Print. and Publishing Company, 1907 |
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affidavit affirmed alleged amended answer authority averment bank cause of action certificate charge City and County Civil Procedure claim Code of Civil committed complaint concur constitute contract corporation counsel County of San court of equity crime cross-complaint damages deceased declared deed defendant Defendant and Appellant defendant's demurrer determined district attorney error evidence execution facts fendant filed findings ground habeas corpus held injury instruction intent issue J. F. Archibald Judge judgment and order jurisdiction jury justice land manslaughter matter ment mortgage motion negligence notice objection offense order denying paid parties payment person petition petitioner Philip Simmons Plaintiff and Respondent pleaded proceedings prosecution purpose question quiet title reason record refused rule statute statute of limitations sufficient Superior Court supra testified testimony therein thereof Third Appellate District tion trial court trust verdict witness writ
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Seite 144 - ... he has made at other times statements inconsistent with his present testimony as provided in section 93-1901-12." Section 93-1901-12, RCM1947. "A witness may also be impeached by evidence that he has made, at other times, statements inconsistent with his present testimony...
Seite 553 - The police of a State, in a comprehensive sense, embraces its whole system of internal regulation, by which the State seeks, not only to preserve the public order, and to prevent offenses against the State, but also to establish for the intercourse of citizens with citizens those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own so far as is reasonably consistent with a like enjoyment of rights...
Seite 115 - Hamilton, clerk of the court, by whom it was shown that defendant "withdrew his plea of not guilty and entered a plea of guilty of murder in the first degree.
Seite 346 - ... the judgment or order is conclusive upon the title to the thing, the will or administration, or the condition or relation of the person : 2. In other cases, the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties, and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing, under the same title, and in the same capacity.
Seite 97 - the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive or intent with which he committed the act.
Seite 312 - ... of the limitation or condition, except in the single case mentioned in section seven hundred and seventy-two.' " Every future interest is void in its creation which, by any possibility, may suspend the absolute power of alienation for a longer period than is prescribed in this chapter. Such power of alienation is suspended when there are no persons in being by whom an absolute interest in possession can be conveyed.
Seite 186 - The former verdict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1.
Seite 596 - Within four years: 1. An action upon any contract, obligation or liability founded upon an instrument in writing...
Seite 583 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Seite 206 - The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.