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
... RECORD . - In all matters of which the judgment contains a record , its verity , in the absence of contrary evidence , will be presumed as fully as upon collateral attack . The record is conclusive as to all matters upon which it speaks ...
... RECORD . - In all matters of which the judgment contains a record , its verity , in the absence of contrary evidence , will be presumed as fully as upon collateral attack . The record is conclusive as to all matters upon which it speaks ...
Page 8
... record that the court acted upon evidence of some kind . If the record discloses a recital in the judgment or judgment - roll that jurisdiction has been acquired , or facts from which jurisdic- tion may be inferred , there is no ...
... record that the court acted upon evidence of some kind . If the record discloses a recital in the judgment or judgment - roll that jurisdiction has been acquired , or facts from which jurisdic- tion may be inferred , there is no ...
Page 9
... record of a domestic judgment is the same upon a direct appeal therefrom as exists in the collateral attack , the only difference being that upon a direct appeal it is essential for the party seeking to sustain the judgment . to show by ...
... record of a domestic judgment is the same upon a direct appeal therefrom as exists in the collateral attack , the only difference being that upon a direct appeal it is essential for the party seeking to sustain the judgment . to show by ...
Page 31
... record of its own acts , and although upon a direct appeal the juris- diction of the court is not to be established by its mere asser- tion in the judgment that it had acquired jurisdiction , yet if such recital finds support in other ...
... record of its own acts , and although upon a direct appeal the juris- diction of the court is not to be established by its mere asser- tion in the judgment that it had acquired jurisdiction , yet if such recital finds support in other ...
Page 38
... record from the judgment and the order denying its motion for a new trial , and from an order denying its motion to vacate the judgment , but both appeals will be considered together . In this opinion the appellants will be referred to ...
... record from the judgment and the order denying its motion for a new trial , and from an order denying its motion to vacate the judgment , but both appeals will be considered together . In this opinion the appellants will be referred to ...
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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...