Reports of Cases Determined in the Supreme Court of the State of California, Band 125Bancroft-Whitney, 1900 |
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affirmed alleged amended amount appeal Appellant applied attorney averred Bank cause of action cent City and County Civil Code Civil Procedure claim Code Civ Code of Civil complaint concurred contract corporation County of San creditors damages deceased declared decree deed defendant defendant's demurrer entitled evidence execution executor facts favor fendant filed finding foreclosure Garoutte grant ground Henshaw homestead insolvent instruction issue Judge judgment and order juror jury land liability lien McFarland ment mortgage motion notice opinion order denying owner paid parties payment person plaintiff possession premises prior probative facts purchaser question quiet title reason recover Respondent Robert Bright rule San Francisco sheriff's deed statute statute of limitations stockholders street sufficient Superior Court supra testified testimony therein thereof thousand dollars tion Tirey L trial court trust verdict void witness
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Seite 565 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Seite v - There shall be two departments, denominated, respectively, Department One and Department Two. The Chief Justice shall assign three of the Associate Justices to each department, and such assignment may be changed by him from time to time.
Seite 325 - The homestead consists of the dwelling house in which the claimant resides, and the land on which the same is situated, selected as in this title provided.
Seite 193 - The general assembly shall not delegate to any special commission, private corporation or association, any power to make, supervise, or interfere with any municipal improvement, money, property, or effects, whether held in trust or otherwise, or to levy taxes, or perform any municipal function whatever.
Seite 354 - If the appeal be from a judgment or order directing the payment of money, it does not stay the execution of the judgment or order, unless a written undertaking be executed on the part of the appellant, by two or more sureties, to the effect that they are bound in double the amount named in the judgment or order...
Seite 354 - ... two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit, or suffer...
Seite 412 - Each stockholder of a corporation, or joint-stock association, shall be individually and personally liable for such proportion of all its debts and liabilities contracted or incurred, during the time he was a stockholder, as the amount of stock or shares owned by him bears to the whole of the subscribed capital stock, or shares of the corporation or association.
Seite 126 - Whenever the illegality appears, whether the evidence comes from one side or the other, the disclosure is fatal to the case. No consent of the defendant can neutralize its effect A stipulation in the most solemn form to waive the objection, would be tainted with the vice of the original contract, and void for the same reasons.
Seite 414 - But if any subject shall be embraced in an Act which shall not be expressed in its title, such Act shall be void only as to so much thereof as shall not be expressed in its title.
Seite vi - In the determination of causes, all decisions of the Court in bank or in departments shall be given in writing, and the grounds of the decision shall be stated.