Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 7Bancroft-Whitney, 1909 |
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Halaman 3
... appellant " had not legal ca- pacity to sue or be sued or take this appeal " ; 2. Because " this court never obtained jurisdiction of the case " ; 3. Be- cause the appeal was not taken within the time prescribed by law . We will first ...
... appellant " had not legal ca- pacity to sue or be sued or take this appeal " ; 2. Because " this court never obtained jurisdiction of the case " ; 3. Be- cause the appeal was not taken within the time prescribed by law . We will first ...
Halaman 8
... appellant claims that the use was permissive and not adverse , and was a license exercised in subordina- tion to appellant's ownership , the question of the support of a find- ing in favor of a title by prescription in the respondents ...
... appellant claims that the use was permissive and not adverse , and was a license exercised in subordina- tion to appellant's ownership , the question of the support of a find- ing in favor of a title by prescription in the respondents ...
Halaman 11
... appellant's claim and ownership , still it is a question of fact to be determined by the trial court , and under the well - established rule its de- termination against appellant's contention is binding upon us if it finds any ...
... appellant's claim and ownership , still it is a question of fact to be determined by the trial court , and under the well - established rule its de- termination against appellant's contention is binding upon us if it finds any ...
Halaman 12
... appellant himself . The court had a right to consider the fact that from his interest in the outcome he was naturally a hostile witness and there is justification for viewing his testimony in the light most favorable to respondents ...
... appellant himself . The court had a right to consider the fact that from his interest in the outcome he was naturally a hostile witness and there is justification for viewing his testimony in the light most favorable to respondents ...
Halaman 29
... appellant moved the court for an order directing the clerk to indorse upon a written motion for a new trial presented a certificate of its filing on the eighth day of May , 1905 , and to make appro- priate entries upon the register of ...
... appellant moved the court for an order directing the clerk to indorse upon a written motion for a new trial presented a certificate of its filing on the eighth day of May , 1905 , and to make appro- priate entries upon the register of ...
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adverse possession affidavit affirmed alleged amended answer application bill of exceptions cause of action charged Civil Procedure claim Code of Civil Company complaint concurred contract corporation damages deceased declared deed defendant defendant's demurrer district attorney easement election Emily G entitled error evidence execution facts favor fendant filed finding fraud Fresno county granted grantor ground habeas corpus held homestead indictment injury instruction judge judgment and order jurisdiction juror jury land lease lien Los Angeles County ment mortgage motion negligence notice objection opinion order denying owner paid party payment Penal Code person petition petitioner plaintiff pleaded possession premises prior prosecution purchase question quiet title reason record refused Respondent rule statute sufficient Superior Court supreme court sustained testified testimony therein thereof tion trial court trust unlawful verdict witness writ
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Halaman 253 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Halaman 68 - ... the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant...
Halaman 192 - In all other cases, the action must be tried in the county in which the defendants, or some of them, reside at the commencement of the action.
Halaman 332 - Fear, such as will constitute extortion, may be induced by a threat : 1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or to any member of his family ; or 2.
Halaman 652 - The voluntary appearance of a defendant is equivalent to personal service of the summons and copy of the complaint upon him.
Halaman 248 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt...
Halaman 202 - The homestead is subject to execution or forced sale in satisfaction of judgments obtained: 1. Before the declaration of homestead was filed for record, and which constitute liens upon the premises. 2. On debts secured by mechanics, contractors, subcontractors, artisans, architects, builders, laborers of every class, materialmen's or vendors
Halaman 292 - The declaration of homestead must contain: 1. A statement, showing that the person making it is the head of a family, and, if the claimant is married, the name of the spouse; or when the declaration is made by the wife, showing that her husband has not made such declaration and that she therefore makes the declaration for their joint benefit; 2. A statement that the person making it is residing on the premises, and claims them as a homestead; 3.
Halaman 364 - That the testimony of an accomplice ought to be Viewed with distrust, and the evidence of the oral admissions of a party with caution.
Halaman 147 - The vital principle is, that he who, by his language or conduct, leads another to do what he would not otherwise have done, shall not subject such person to loss or injury by disappointing the expectations upon which he acted.