Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 13Bancroft-Whitney Company, 1911 - Law reports, digests, etc Vols.106-140 includes section "Reports of cases determined in the appellate departments of the Superior court of the State of California." |
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Page xxvii
... Jurisdiction ..... 772 1889 , p . 168 . Eminent Domain . 249 1893 , p . 9 . 1895 , p . 219 . 1895 , p . 247 . 1897 , p . 592 . 1901 , p . 95 . 1901 , c . 175 . Jurisdiction ..... ....... Municipal Corporation . Protection District . San ...
... Jurisdiction ..... 772 1889 , p . 168 . Eminent Domain . 249 1893 , p . 9 . 1895 , p . 219 . 1895 , p . 247 . 1897 , p . 592 . 1901 , p . 95 . 1901 , c . 175 . Jurisdiction ..... ....... Municipal Corporation . Protection District . San ...
Page 4
... JURISDICTION - JUDGMENT . - In a consolidated action to foreclose mechanics ' liens , when no issue was joined upon ... jurisdiction both of the subject matter of the second complaint and of the person of appellant before rendering such ...
... JURISDICTION - JUDGMENT . - In a consolidated action to foreclose mechanics ' liens , when no issue was joined upon ... jurisdiction both of the subject matter of the second complaint and of the person of appellant before rendering such ...
Page 8
... jurisdiction was not raised at the trial , and seems to hinge upon whether or not the recital in the findings that there was such an appearance by Gager is sufficient to sustain the judgment against the attack here made . The fact that ...
... jurisdiction was not raised at the trial , and seems to hinge upon whether or not the recital in the findings that there was such an appearance by Gager is sufficient to sustain the judgment against the attack here made . The fact that ...
Page 9
... jurisdiction of the defendant , whereas in a collateral attack the entry of the judgment is itself conclusive of such jurisdiction . Upon a direct attack there is no presumption in favor of the exist- ence of any fact essential to the ...
... jurisdiction of the defendant , whereas in a collateral attack the entry of the judgment is itself conclusive of such jurisdiction . Upon a direct attack there is no presumption in favor of the exist- ence of any fact essential to the ...
Page 10
... jurisdiction would be supported by the facts in the bill of exceptions above mentioned , and there is no evidence in conflict with this . There being , however , a recital in the judgment - roll that appellant appeared in both actions ...
... jurisdiction would be supported by the facts in the bill of exceptions above mentioned , and there is no evidence in conflict with this . There being , however , a recital in the judgment - roll that appellant appeared in both actions ...
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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 545 - 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 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 356 - 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 352 - ... 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 624 - 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 784 - Costs are allowed of course to the plaintiff, upon a judgment in his favor, in the following cases: 1.
Page 784 - If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence upon the trial; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs from the time of the offer— 1873-342.
Page 85 - 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 405 - 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...