Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 13Bancroft-Whitney, 1911 - Law reports, digests, etc |
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Page 2
... defendant during the ensuing year two hundred tons of salt at the price of $ 5 per ton as therein stipulated . The contract contained a provision to the effect that the defendant should have the option to renew the agree- ment for a ...
... defendant during the ensuing year two hundred tons of salt at the price of $ 5 per ton as therein stipulated . The contract contained a provision to the effect that the defendant should have the option to renew the agree- ment for a ...
Page 3
... defendant . On the contrary , the evidence clearly tends to show that plaintiff at all times disclaimed any renewal by defendant of the contract . The invoices , copies of which are brought up in the record , included a large number of ...
... defendant . On the contrary , the evidence clearly tends to show that plaintiff at all times disclaimed any renewal by defendant of the contract . The invoices , copies of which are brought up in the record , included a large number of ...
Page 24
... defendant's liability . Plaintiff contends that at the time of the trans- action had with the Brand Manufacturing Company only 530 shares of its authorized capital stock of $ 100,000 had been issued or sold , of which number defendant ...
... defendant's liability . Plaintiff contends that at the time of the trans- action had with the Brand Manufacturing Company only 530 shares of its authorized capital stock of $ 100,000 had been issued or sold , of which number defendant ...
Page 34
... defendant at its special instance and request . Judgment was rendered for plaintiff . The appeal is from the judgment and an order denying defendant's motion for a new trial . Defendant offered no evidence , and the only point which it ...
... defendant at its special instance and request . Judgment was rendered for plaintiff . The appeal is from the judgment and an order denying defendant's motion for a new trial . Defendant offered no evidence , and the only point which it ...
Page 51
... defendant's requested in- struction related to the right of defendant to defend himself when in apparent danger of death or great bodily harm , and that " if defendant acted in self - defense from real and honest convictions as to the ...
... defendant's requested in- struction related to the right of defendant to defend himself when in apparent danger of death or great bodily harm , and that " if defendant acted in self - defense from real and honest convictions as to the ...
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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 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...