Notes on the California Reports: Showing the Present Value as Authority of the Decisions of the Supreme Court of California : as Determined Through the Citations in Subsequent Decisions of this Court, the Courts of Last Resort of Sister States, and of the Federal Courts, Band 3

Bancroft-Whitney, 1906

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Seite 3016 - Attorney, appearing for the defendant, on the ground that it "fails to state facts sufficient to constitute a cause of action.
Seite 3015 - ... an appellate court will not interfere with the exercise of the discretion of the court below, "except in a case where a clear abuse of discretion is apparent.
Seite 2981 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Seite 2690 - That a witness false in one part of his testimony is to be distrusted in others; 4.
Seite 2704 - A motion for change of venue on the ground that a fair and impartial trial cannot be had in the county, is addressed to the sound discretion of the trial court. People v...
Seite 2095 - We think these decisions establish the doctrine on which we decide the present case, namely : that the acts for which a court of equity will on account of fraud set aside or annul a judgment or decree, between the same parties, rendered by a court of competent jurisdiction, have relation to frauds, extrinsic or collateral, to the matter tried by the first court, and not to a fraud in the matter on which the decree was rendered.
Seite 2241 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Seite 2223 - 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...
Seite 2189 - There need be no appreciable space of time between the intention to kill and the act of killing; they may be as instantaneous as successive thoughts of the mind.
Seite 2222 - This may seem to be an exception to the rule that parol evidence is not admissible to vary the terms of a written contract, but it is not so held.

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