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action affirmed agreed agreement alleged amended amount answer appeal application assessment authority Bank bill building cause charged Civil Procedure claim Code Code of Civil complaint concurred contract convey corporation damages debt decision deed defective defendant determine direct dismissal dollars effect entered entitled evidence executed facts failed filed finding follows further give given granted ground held holding intended interest issue judg judgment jurisdiction jury land lien material matter ment mortgage motion necessary negligence notice objection opinion owner paid parties payment performance person plaintiff pleadings possession presented purchase question reason received record recover refused rendered Respondent rule San Francisco specific statement statute street sufficient Superior Court sustained taken thereof thousand tion tract trial trust void
Σελίδα 176 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Σελίδα 120 - 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.
Σελίδα 506 - 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.
Σελίδα 118 - The clear tendency of such an agreement is to establish a monopoly, and to destroy competition in trade, and for that reason, on grounds of public policy, courts will not aid in its enforcement. It is no answer to say that competition in the salt trade was not in fact destroyed, or that the price of the commodity was not unreasonably advanced. Courts will not stop to inquire as to the degree of injury inflicted upon the public; it is enough to know that the inevitable tendency of such contracts is...
Σελίδα 620 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Σελίδα x - 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.
Σελίδα 30 - But where the question changes its character, where the defendant in the original action is liable to the plaintiff, either in consequence of contract, or as trustee, or as the holder of a legal title acquired by any species of mala fides practiced on the plaintiff, the principles of equity give a court jurisdiction wherever the person may be found, and the circumstance, that a question of title may be involved in the inquiry, and may even constitute the essential point on which the case depends,...
Σελίδα 215 - ... if the property has been delivered to the plaintiff, and the defendant claim a return thereof. judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Σελίδα 555 - ... and in such amount as the Court or the Judge thereof may direct, to the effect that the appellant will obey the order of the Appellate Court upon the appeal.