Reports of Cases Determined in the Supreme Court of the State of California, Volumen88Bancroft-Whitney, 1906 |
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affirmed agreement alleged amended amount answer appeal appellant application Bank.-March bonds Bonebrake cause of action charge Charles Crocker Civil Procedure claim Code Civ Code of Civil complaint concurred contract convicted corporation county of San creditors debt deceased decree deed defendant demurrer entitled equitable error evidence executed executor facts fendant filed finding fraud GAROUTTE ground habeas corpus hundred dollars interest issue judge judgment and order jurisdiction jury Kewen land lease letters testamentary lien mechanic's lien ment misjoinder mortgage motion notice objection order denying owner paid parties payment Penal Code person petition petitioner plaintiff pleadings possession premises proceedings purchase purpose question quitclaim deed record Respondent rule San Francisco SHARPSTEIN Stanislaus County statute sufficient superior court testimony therein thereof thousand dollars tiff tion tract trial Tulare County verdict witness
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Página 155 - And the said applicant hereby covenants and agrees to and with the said company, that the foregoing is a just, full, and true exposition of all the circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant, and are material to the risk.
Página ix - The Chief Justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the court to be heard and decided by the court in bank.
Página 229 - Every material allegation of the complaint, not controverted by the answer, must, for the purposes of the action, be taken as true; the statement of any new matter in the answer, in avoidance or constituting a defense or counterclaim, must, on the trial, be deemed controverted by the opposite party.
Página 367 - An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business...
Página 378 - Commissioners for that purpose, or they may be served in the same manner as a summons in a civil action.
Página 163 - 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 119 - When the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the .nature of the charge against him and of his plea, and the verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him.
Página 396 - This appeal is from the judgment and from an order denying defendant's motion for a new trial.
Página 331 - State of California, County of Los Angeles, ss. being duly sworn, says: That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Página 489 - After hearing the appeal, the court must give judgment, without regard to technical errors or defects or to exceptions which do not affect the substantial rights of the parties.