Reports of Cases Determined in the Supreme Court of the State of California, 78권Bancroft-Whitney, 1906 |
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affidavit affirmed alleged answer appellant assignment attorney authority aver cause of action charge cited Civil Procedure claim Code Civ Code of Civil complaint concurred constitution contract conveyance conveyed counsel county of San creditors damages deceased deed defendant defendant's demurrer entitled evidence execution facts fendant filed findings fraud ground Harrison Davis homestead Huson injury insolvent issue John Button judge judgment and order jurisdiction jurors jury land lien matter MCFARLAND ment misjoinder mortgage motion notice opinion order denying owner paid party patent PATERSON payment person Placer County plain plaintiff pleading possession probative facts proceedings purchase purpose question quiet title railroad reason Respondent rule San Francisco San Joaquin County SHARPSTEIN statute sufficient Superior Court sustained thereof THORNTON thousand dollars tiff tion tract trial Tuolumne County verdict void warrant wife witness
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616 페이지 - Anything which is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.
2 페이지 - Either party may present to the court any written charge, and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused, the court must indorse and sign its decision. If part be given and part refused, the court must distinguish, showing by the indorsement what part of the charge was given and what part refused.
184 페이지 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
335 페이지 - When the jury has separated without leave of the court, after retiring to deliberate upon their verdict, or been guilty of any misconduct by which a fair and due consideration of the case has been prevented; 4.
277 페이지 - America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto the said party of the second part, and to his heirs and assigns forever, [here give description of property].
616 페이지 - ... obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. Such action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance ; and by the judgment, the nuisance may be enjoined or abated, as well as damages recovered.
40 페이지 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
120 페이지 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
59 페이지 - ... in trust for the several use and benefit of the occupants thereof, according to their respective interests; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the state or territory in which the same may be situated.
92 페이지 - 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.