Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 55

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Bancroft-Whitney, 1923 - Law reports, digests, etc
 

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Page 685 - Insufficiency of the evidence to justify the verdict or other decision, or that it is against law; 7. Error in law, occurring at the trial and excepted to by the party making the application.
Page 85 - A -witness is allowed to refresh his memory respecting a fact, by anything written by himself or under his direction at the time when the fact occurred or immediately thereafter, or at any other time when the fact was fresh in his memory and he knew that the same was correctly stated in the writing.
Page 791 - This agreement, made and entered into this day of 1907, between OI Peterson, party of the first part, and Alpheus C. Miller, party of the second part : Witnesseth, That whereas, the party of the first part is the owner...
Page 419 - In all cases the judgment may be enforced or carried into execution after the lapse of five years from the date of its entry, by leave of the court, upon motion, or by judgment for that purpose, founded upon supplemental pleadings...
Page 384 - Railroads, claim for death or injury to person, or for loss and damage to property, arising since December 31, 1917, and growing out of the possession, use, control, or operation of any railroad or system of transportation by the Director General of Railroads, which action, suit, or proceeding but for Federal Control might have been brought against the carrier company, shall be brought against William G. McAdoo, Director General of Railroads, and not otherwise; provided, however, that this order...
Page 176 - Postel for Respondents. KERRIGAN, J. — This is an appeal by plaintiff from a judgment in favor of the defendants in an action brought to recover the sum of three thousand dollars, due upon a promissory note executed by defendant Edwin H.
Page 226 - When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.— 1873-300.
Page 641 - A husband and wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they may agree, in writing, to an immediate separation, and may make provision for the support of either of them and of their children during such separation.
Page 747 - The detriment caused by the breach of a warranty of the quality of personal property is deemed to be the excess, if any, of the value which the property would have had at the time to which the warranty referred, if it had been complied with, over its actual value at that time: Civ.
Page 266 - An act to regulate the practice of medicine in the State of California...

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