Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 23Bancroft-Whitney, 1914 |
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accord and satisfaction admission affidavit affirmed agreement alleged amended Angeles appeal assessment ballots bank California cause of action certificate certificate of deposit charged Civil Code Civil Procedure claim Code of Civil Company complaint concurred constitute contract contributory negligence corporation counsel County of San deceased deed defendant defendant's demurrer deposit district attorney ditch entitled error evidence facts fendant filed finding ground instruction issue Judge jury land lease liquors Los Angeles County ment motion negligence objection opinion order denying owner parties payment person plaintiff pleading possession prior prosecution purchase purpose question quiet title reason record refusing Respondent rule San Francisco solicitation specific statement statute statute of frauds street sufficient Superior Court supreme court sustained testified testimony therein thereof thousand dollars tiff tion trial court verdict witness
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Halaman 478 - That place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.
Halaman 247 - That a witness false in one part of his testimony is to be distrusted in others.
Halaman 498 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Halaman 373 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: 1.
Halaman 869 - An adjudication is final and conclusive not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have decided as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence.
Halaman 40 - The following contracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged or by his agent: 1.
Halaman 105 - The said warrant, assessment, certificate, and diagram, with the affidavit of demand and non-payment, shall be held prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the superintendent of streets and city council upon which said warrant, assessment, and diagram are based, and like evidence of the right of the plaintiff to recover in the action.
Halaman 409 - Said petition shall be presented at a regular meeting of said board, and shall be published for at least two weeks before the time at which the same is to be presented in some newspaper...
Halaman 72 - ... that the attachment is not sought, and the action is not prosecuted to hinder, delay, or defraud any creditor or creditors of the defendant.
Halaman 497 - Prima facie evidence is that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence. For example: the certificate of a recording officer is prima facie evidence of a record, but it may afterward be rejected upon proof that there is no such record.