Reports of Cases Determined in the Supreme Court of the State of California, Band 115

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Seite 246 - 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 250 - ... in the county in which the defendants, or some of them, reside at the commencement of the action...
Seite 282 - Whenever an appeal is perfected, as provided in the preceding sections of this Chapter, it stays all further proceedings in the Court below upon the judgment or order appealed from...
Seite 338 - A plea of: 1. Guilty. 2. Not guilty. 3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.
Seite 200 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the Court to change the place of trial as in other cases.
Seite 672 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried; subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other, as defined by the title on trusts.
Seite 526 - An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment...
Seite 140 - Within five years — An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States. Within four years — An action upon any contract, obligation, or liability founded upon an instrument of writing, except those mentioned in the preceding section.
Seite vi - Court when so convened. The concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in bank; but if four Justices, so present, do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four Judges shall be necessary. In the determination of causes, all decisions of the Court in bank or in departments shall be given in writing, and the grounds of the decision shall be stated....
Seite 413 - The cost and expense of purchasing and acquiring property and constructing the works and improvements herein provided for, shall be wholly paid out of the Construction Fund.

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