Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 66Bancroft-Whitney, 1925 |
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affidavit affirmed agreed agreement alleged amended amount Anno appellate court Appellate District attorney authority automobile bank Bank of Italy California charge Civil Code Civil Procedure claim Code of Civil commission Company complaint concurred contention contract contributory negligence corporation Criminal Law criminal syndicalism damages deceased deed defendant defendant's demurrer denied deposit ditch effect entitled error evidence execution facts favor fendant filed finding guilty highway injury instruction Irrigation District issue Judge judgment jurisdiction jury land lease Los Angeles County ment mortgage motion negligence officer opinion organization owner paid parties payment person petitioner plaintiff pleadings possession premises proceedings promissory note prosecution purchase purpose question quiet title reason Respondent rule statute street sufficient Superior Court supreme court surety testified testimony therein thereof tion trial court unlawful detainer verdict witness writ
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Halaman 181 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Halaman 781 - ... true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Halaman 224 - Contributory negligence is a question of law only when the court is impelled to say that from the facts reasonable men can draw but one inference, and that an inference pointing unerringly to the negligence of the plaintiff contributing to the injury ... in all other cases the question of contributory negligence is a question of fact for the jury.
Halaman 692 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Halaman 272 - A father, or in case of his death or desertion of his family, the mother, may maintain an action for the injury or death of a minor child, and a guardian for the injury or death or his ward, when such injury or death is caused by the wrongful
Halaman 191 - Private property shall not be taken or damaged for public use without just compensation having first been made to, or paid into court for, the owner...
Halaman 146 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Halaman 252 - Every person who for his own gain, or to prevent the owner from again possessing his property, buys or receives any personal property, knowing the same to have been stolen...
Halaman 274 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Halaman 273 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default, is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...