Reports of Cases Determined in the Courts of Appeal of the State of California, Volumen27Bancroft-Whitney, 1916 |
Dentro del libro
Resultados 1-5 de 100
Página 39
... action was instituted by the plain- tiffs against the defendant Nelson to recover the sum of one thousand dollars . The plaintiffs ' cause of action rested upon a common count for moneys had and received . The defend- ant Nelson by his ...
... action was instituted by the plain- tiffs against the defendant Nelson to recover the sum of one thousand dollars . The plaintiffs ' cause of action rested upon a common count for moneys had and received . The defend- ant Nelson by his ...
Página 48
... ACTION TO QUIET TITLE - CLAIM OF LIEN BY DEFENDANT - PLEADING— CROSS - COMPLAINT WAIVER OF OBJECTION . - In an ... cause of action for quieting the title to a certain lot or parcel of land in the county of Los Angeles . It was alleged ...
... ACTION TO QUIET TITLE - CLAIM OF LIEN BY DEFENDANT - PLEADING— CROSS - COMPLAINT WAIVER OF OBJECTION . - In an ... cause of action for quieting the title to a certain lot or parcel of land in the county of Los Angeles . It was alleged ...
Página 50
... cause of action stated in a cross - complaint . These pleadings were improper because the action was one to deter- mine adverse claims to real property and the matters alleged by the defendant did not show that the defendant had any ...
... cause of action stated in a cross - complaint . These pleadings were improper because the action was one to deter- mine adverse claims to real property and the matters alleged by the defendant did not show that the defendant had any ...
Página 112
... cause heard in the supreme court , after judgment in the district court of ... ACTION FOR MONEY HAD AND RECEIVED PLEADING AMENDMENTS- RULE . - Liberality ... cause of action , nor the issues involved therein will be radically changed by ...
... cause heard in the supreme court , after judgment in the district court of ... ACTION FOR MONEY HAD AND RECEIVED PLEADING AMENDMENTS- RULE . - Liberality ... cause of action , nor the issues involved therein will be radically changed by ...
Página 113
ID . SAME CAUSE OF ACTION - TEST OF . - The test as to whether a new cause of action has been introduced by the offered amendment is to learn if the recovery on the original complaint would be a bar to a recovery on the amended ...
ID . SAME CAUSE OF ACTION - TEST OF . - The test as to whether a new cause of action has been introduced by the offered amendment is to learn if the recovery on the original complaint would be a bar to a recovery on the amended ...
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Otras ediciones - Ver todas
Reports of Cases Determined in the Courts of Appeal of the State ..., Volumen33 Vista completa - 1917 |
Reports of Cases Determined in the Courts of Appeal of the State ..., Volumen58 Vista completa - 1923 |
Reports of Cases Determined in the Courts of Appeal of the State ..., Volumen34 Vista completa - 1918 |
Términos y frases comunes
agent agreement alleged amended amount appellant application cause of action certificate charge Civil Procedure claim Company complaint concurred constitution contract corporation court of appeal damages deceased deed defendant defendant's demurrer district attorney district court duty effect entitled error evidence executed fact favor fendant filed finding fraud held injury instruction issue Judge judgment jurisdiction jury land lien Los Angeles County matter ment misjoinder motion municipal negligence nonsuit notice opinion order denying ordinance owner paid parties payment person petition petitioner plaintiff pleaded possession promissory note prosecution Public Utilities Act purchase purpose question quiet title reason received recover rendered Respondent rule San Francisco sheriff statement statute statute of frauds sufficient Superior Court supreme court surety sustained testified testimony therein thereof tiff tion tract transaction trial court Unlawful Detainer verdict witness
Pasajes populares
Página 543 - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter of fact occurring before the death of such deceased person.
Página 112 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Página 253 - ... nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies...
Página 94 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Página 696 - Of all civil causes of admiralty and maritime jurisdiction; saving to suitors, in all cases, the right of a common,law remedy, where the common law is competent to give it Fourth.
Página 638 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
Página 469 - A malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another; 2.
Página 245 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers, or of like kind of property, for a shorter than for a longer distance...
Página 168 - In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist.
Página 663 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.