Reports of Cases Determined in the Supreme Court of the State of California, Τόμος 101Bancroft-Whitney, 1894 |
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Σελίδα 31
... jury , but it is the duty of the court to grant a nonsuit . ( Flemming v . Western Pac . R. R. Co. , 49 Cal . 253 ; Glascock v . Central Pac . R. R. Co. , 73 Cal . 137. ) In the present case the facts connected with the killing of ...
... jury , but it is the duty of the court to grant a nonsuit . ( Flemming v . Western Pac . R. R. Co. , 49 Cal . 253 ; Glascock v . Central Pac . R. R. Co. , 73 Cal . 137. ) In the present case the facts connected with the killing of ...
Σελίδα 76
... jury , and , upon the written findings filed , judgment was entered in favor of plaintiff and against defendant for one thousand dollars and interest . The first point made by appellant is that no action will lie against a stockholder ...
... jury , and , upon the written findings filed , judgment was entered in favor of plaintiff and against defendant for one thousand dollars and interest . The first point made by appellant is that no action will lie against a stockholder ...
Σελίδα 118
... JURY - EXCESSIVE VERDICT . - In actions for negligence , the law does not attempt to fix any pre- cise rules for ascertaining what is a just compensation , but from the necessity of the case , leaves the assessment of the damages to the ...
... JURY - EXCESSIVE VERDICT . - In actions for negligence , the law does not attempt to fix any pre- cise rules for ascertaining what is a just compensation , but from the necessity of the case , leaves the assessment of the damages to the ...
Σελίδα 120
... jury returned a verdict for twenty- five thousand dollars damages . The grounds upon which defendant's motron for a new trial was granted , as appears from the opinion of the court which is printed in the transcript , were : 1. That the ...
... jury returned a verdict for twenty- five thousand dollars damages . The grounds upon which defendant's motron for a new trial was granted , as appears from the opinion of the court which is printed in the transcript , were : 1. That the ...
Σελίδα 121
... jury , whose province it is to make the assessment ; that while the verdict in these cases , as in all others , is subject to review by the court , it will not be disturbed merely upon the ground that the dam- ages are excessive , nor ...
... jury , whose province it is to make the assessment ; that while the verdict in these cases , as in all others , is subject to review by the court , it will not be disturbed merely upon the ground that the dam- ages are excessive , nor ...
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adverse possession affidavit affirmed alleged answer appellant assessment assignment attorney authority averred Bank bond California California Central Railway canal cause of action Civil Procedure claim Code Civ Code of Civil commencement complaint concurred contract corporation county of San court of equity damages decree deed defendant demurrer ditch diversion dollars Duff entitled evidence execution fact fendant filed findings foreclosure Fresno County GAROUTTE granted indorsed injunction insolvent interest issue judgment and order jurisdiction jury land letters testamentary liable Los Angeles County Lumber MCFARLAND ment mortgage motion notice order appealed order denying owner paid parties payment person petition plaintiff pleadings possession prior proceedings purchase question quiet title reason recover remittitur Respondent rule Sanborn setoff statute stockholders street sufficient Superior Court sureties thereof tion tract trial trustees valid writ
Δημοφιλή αποσπάσματα
Σελίδα 421 - Persons who not only have an interest in the controversy, but an interest of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience.
Σελίδα 360 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Σελίδα 298 - One who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good will from him, carries on a like business therein.
Σελίδα 476 - When the defendant is brought before a magistrate upon an arrest either with or without warrant on a charge of having committed a crime, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and before any further proceedings are had.
Σελίδα 135 - An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.
Σελίδα 162 - Court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest or the value of the property in controversy, amounts to three hundred dollars...
Σελίδα 413 - The granting or denying a new trial on the ground that the evidence is insufficient to justify the verdict, where there is a substantial conflict in the evidence," says the supreme court, in Domico v.
Σελίδα 528 - If the thing wanted. or failed to be done, and which constitutes the defect in the proceedings, is something the necessity for which the legislature might have dispensed with by prior statute, then It is not beyond the power of the legislature to dispense with it by subsequent statute; and if the irregularity consists in doing some act, or in the...
Σελίδα 370 - ... full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Σελίδα 405 - Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.