Reports of Cases Determined in the District Courts of Appeal of the State of California, Band 77Bancroft-Whitney Company, 1927 |
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accident action affirmed agreed agreement alleged amount answer appellant application attorney authority cause charged circumstances claim Code Code of Civil Commission complaint condition consideration contends Continued contract corporation County damages deed defendant defendant's delivered denied determined district effect entered evidence examination execution fact filed finding further given grapes ground held highway injury instructions intended interest issue judge judgment jury lease limited matter meaning ment mortgage motion necessary objection officer opinion owner paid parties payment performed person petitioner plaintiff pleaded possession present prior Procedure proceeding prosecution prove purchase question reason received record referred respondent result rule specified statement statute sufficient Superior Court taken testified testimony thereof tion trial court witness
Beliebte Passagen
Seite 391 - ... after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.
Seite 569 - A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful.
Seite 420 - Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power which, through negligence or mistaken confidence he Caused or allowed to appear to be vested in the party making the conveyance} (Pickering v.
Seite 728 - Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act, or omission, be permitted to falsify it.
Seite 751 - An indictment or information may be amended by the district attorney without leave of court, at any time before the defendant pleads. Such amendment may be made at any time thereafter, in the discretion of the court where it can be done without prejudice to the substantial rights of the defendant. An indictment cannot be amended so as to change the offense charged, nor an information so as to charge an offense not shown by the evidence taken at the preliminary examination.
Seite 611 - No irregularity or improper conduct in the proceedings of the judges, or any of them, is such malconduct as avoids an election, unless the irregularity or improper conduct is such as to procure the person whose right to the office is contested to be declared elected when he had not received the highest number of legal votes.
Seite 423 - It does not interfere with the well-established principle, that where the true owner holds out another, or allows him to appear, as the owner of, or as having full power of disposition over the property, and innocent third parties are thus led into dealing with such apparent owner, they will be protected.
Seite 391 - No judgment shall be set aside, or new trial granted, in any case, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure unless, after an examination of the entire cause, including the evidence...
Seite 138 - That if the goods are hidden from view by wrapping, boxing, or other means, and the carrier is not notified as to the character of the goods, the carrier may require the shipper to specifically state in writing the value of the goods, and the carrier shall not be liable beyond the amount so specifically stated, in which case the Interstate Commerce Commission may establish and maintain rates for transportation, dependent upon the value of the property shipped as specifically stated in writing by...
Seite 453 - The judge himself, or any juror, may be called as a witness by either party; but in such case it is in the discretion of the court or judge to order the trial to be postponed or suspended, and to take place before another judge or jury.