Reports of Cases Determined in the Supreme Court of the State of California, Volume 148Bancroft-Whitney, 1906 - Law reports, digests, etc |
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affirmed agreement alleged amended amount Angellotti appeal appellant application attachment attorney cause of action certificate city and county Civil Code Civil Procedure claim Code of Civil Company complaint concurred constitution construction contract corporation County of San creditors deceased declared decree deed defendant defendant's demurrer district ditch easement effect entitled estoppel evidence executed facts favor filed finding franchise garnishee granted Henshaw homestead interest issue J.-This Judge judgment jurisdiction jury justices land legislature levee lien Lorigan McFarland ment mortgage motion notice opinion order denying owner party payment person petition plaintiff pleadings pleurisy prior probate proceedings provision purchase purpose question quiet title reason Respondent rule salary San Francisco San Joaquin County statute statute of limitations sufficient superior court supreme court sustained testator therein thereof thereto thousand dollars tion trial court trust Tule River validity void
Popular passages
Page 223 - If, with the consent of this company, an interest under this policy shall exist in favor of a mortgagee or of any person or corporation having an interest in the subject of insurance other than the interest of the insured as described herein, the conditions hereinbefore coniained shall apply in the manner expressed in such provisions and conditions of insurance relating to such interest as shall be written upon, attached or appended hereto.
Page 387 - The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.
Page 585 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 223 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 209 - The finding of the trial court upon that issue ought not to be set aside by a reviewing court, unless the error is manifest.
Page 35 - An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed...
Page 451 - The service is complete at the time of the deposit, but if, within a given number of days after such service, a right may be exercised, or an act is to be done by the adverse party, the time within which such right may be exercised or act be done, is extended one day, together with one day additional for every full one hundred miles distance between the place of deposit and the place of address, if served by different post offices, but such extension shall not exceed thirty days in all...
Page 108 - In the county of which the decedent was a resident at the time of his death, in whatever place he may have died; 2.
Page 88 - Hence, when It Is shown that the injury to the passenger was caused by the act of the carrier in operating the instrumentalities employed in his business, there Is a presumption of negligence which throws upon the carrier the burden of showing that the injury was sustained without any negligence on his part.
Page 92 - When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care.