Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 13Bancroft-Whitney Company, 1911 - Law reports, digests, etc |
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Page 4
... objection , the fact that a judgment was rendered against the owner appealing in favor of the plaintiff on the second action implies that the court ascertained that it had jurisdiction both of the subject matter of the second complaint ...
... objection , the fact that a judgment was rendered against the owner appealing in favor of the plaintiff on the second action implies that the court ascertained that it had jurisdiction both of the subject matter of the second complaint ...
Page 5
... OBJECTION . - The objection that the second com- plaint is insufficient , in not averring either that any sum was due to the contractor , or that the contract price exceeded $ 1,000 , and that the contract was not recorded , was waived ...
... OBJECTION . - The objection that the second com- plaint is insufficient , in not averring either that any sum was due to the contractor , or that the contract price exceeded $ 1,000 , and that the contract was not recorded , was waived ...
Page 9
... objection is available only when it appears from the record itself . In both cases the record is conclusive as to all matters as to which it speaks , unless impeached in the foregoing manner . " ( Sichler v . Look , 93 Cal . 600 , 606 ...
... objection is available only when it appears from the record itself . In both cases the record is conclusive as to all matters as to which it speaks , unless impeached in the foregoing manner . " ( Sichler v . Look , 93 Cal . 600 , 606 ...
Page 10
... objection by ap- pellant , or limitation by the court , it must be presumed that the trial was had and the finding made in support of the claim of the decorating company . It is , therefore , too late to object to the absence of this ...
... objection by ap- pellant , or limitation by the court , it must be presumed that the trial was had and the finding made in support of the claim of the decorating company . It is , therefore , too late to object to the absence of this ...
Page 13
... objection , whether competent or not ; and he must determine the sufficiency of the evidence to sustain the verdict , in the light of the same facts and law that were before the jury . ID . - SAFETY - BAR NOT REQUIRED BY LAW - CORRECT ...
... objection , whether competent or not ; and he must determine the sufficiency of the evidence to sustain the verdict , in the light of the same facts and law that were before the jury . ID . - SAFETY - BAR NOT REQUIRED BY LAW - CORRECT ...
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Common terms and phrases
action admissible affidavit agreement alleged amendment amount appellant authority averred cause charged Civil Procedure claim Code of Civil committed Company complaint contract corporation court of equity crime CRIMINAL cross-examination damages deceased declarations deed defendant defendant's demurrer dence district attorney election eminent domain error evidence facts fendant filed finding guilty habeas corpus indictment instruction intention Judge judgment and order jurisdiction juror jury Kaweah river land lease lien Lumber ment motion notice objection offense opinion order denying owner party payment Penal Code person petition petitioner plaintiff prejudicial proceedings proof prosecution prunes purchase purpose question quiet title quitclaim deed reasonable doubt record refused Respondent riparian rights rule specifications statement statute sufficient Superior Court supreme court sustained testator testified testimony therein thereof thereto tion trial court verdict witness writ
Popular passages
Page 367 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Page 549 - In criminal prosecutions, in any Court whatever, the party accused shall have the right to a speedy and public trial; to have the process of the Court to compel the attendance of witnesses in his behalf, and to appear and defend, in person and with counsel.
Page 628 - Mechanics, material-men, artisans, and laborers of every class shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens.
Page 9 - After appearance, a defendant or his attorney is entitled to notice of all subsequent ' proceedings of which notice is required to be given. But where a defendant has not appeared, service of notice or papers need not be made upon him unless he is imprisoned for want of bail.
Page 512 - A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy...
Page 352 - When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress or servant of such person, when there is reasonable ground to apprehend a design to commit a felony, or to do some great bodily injury, and imminent danger of such design being accomplished...
Page 356 - An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
Page 788 - Costs are allowed of course to the plaintiff, upon a judgment in his favor, in the following cases: 1.
Page 895 - Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes and outlets natural or otherwise for supplying, storing and discharging water for the operation of machinery for the purpose of generating and transmitting electricity for the supply of mines, quarries, railroads, tramways, mills, and factories with electric power; and also for the...
Page 273 - Dudley, he appeared in said proceeding specially and for the sole purpose of objecting to the jurisdiction of the court, and moved to quash...