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absence action agreed agreement alleged allowed amount answer appellant attorney authority cause charged Civil claim Code committed Company complaint considered constitute construction Continued contract corporation crime damages deceased deed defendant defendant's denying determine direct district doubt duty effect election error evidence examination facts filed finding follows further give given ground held instruction intention interest issue Judge judgment jurisdiction jury justify land material matter Means ment motion nature necessary notice objection offense opinion owner paid party payment person petition plaintiff possession presented prior proceedings proof prove purchase question reasonable received record refused request Respondent rule specifications statement statute street sufficient Superior Court sustained taken tending testified testimony therein thereof tion trial court verdict witness
Page 365 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Page 795 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.
Page 543 - 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 7 - A defendant appears in an action when he answers, demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of appearance for him. 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 354 - Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
Page 350 - ... 3. 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 264 - A clear and distinct devise or bequest cannot be affected by any reasons assigned therefor, or by any other words not equally clear and distinct, or by inference or argument from other parts of the will, or by an inaccurate recital of or reference to its contents in another part of the will.
Page 491 - A defendant in a criminal action or proceeding cannot be compelled to be a witness against himself; but if he offers himself as a witness, he may be cross-examined by the counsel for the people as to all matters about which he was examined in chief.
Page 271 - Dudley, he appeared in said proceeding specially and for the sole purpose of objecting to the jurisdiction of the court, and moved to quash...
Page 775 - ... where the charge has been preliminarily examined before a committing magistrate and the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness...