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WORDS AND PHRASES (continued)
"actio aliud est," applied, 1317.
"action" and "suit," distinction and
proper use of terms, 1316, 1317.
"action," as to what is, 1588.
"action," possesses a strictly technical
significance, 1317.

"actual," as used in § 3440, Civil Code,

meaning of, 1302.

"acquiescence," "quiescence" is tanta-
mount to, 1220.

"Admission day," election on, 1354.

"advance," 1000.

"advance" or "pay" certain expenses,

1220.

"adverse," within meaning of § 940, C. C.
P., 1657.

"adverse party," as to who is in appeal
and error, 1649.

"adverse party," in appeal and error,
1675.

"adverse party," meaning of, 1556.
"adverse party," who is, 1659.
"after expiration of the term," explana-
tion of as used in § 1161, C. C. P.,
1753.

"against law," decision as, 1563.

"against law," when decision is, 1536.
"aid," does not imply guilty knowledge,
2040.

"and" must be substituted for "or" in
subd. 1, § 1191, Pen. C., 2214.
"and is aware of his right to rescind,"
construed, 1139.

"any person," as used in § 1001 of the
Civil Code, includes what, 1808.
"anything of value or advantage present
or prospective," constitutes a bribe,
2031.

"appears to have been altered after its
execution," how it is to be known
whether instrument offered has
been, 2002.

"appellant," as used in §§ 938, 941, and
943, C. C. P., must be read as if
plural, 1316.
"application" and "petition" used syn-
onymously in § 1373, C. C. P., 1862.
"application," what constitutes for let-

ters of administrators, 1862.
"apply," as used in §§ 938, 941, and 943,
C. C. P., must be read as if plural,
1316.

"appropriation," distinguished from "ded-
ication," 1075.

WORDS AND PHRASES (continued)
"arise," construed in limitation of action,
1405.

"as justice may require," as used in
§ 1720, C. C. P., 1932.

"as of course," amending answer, 1473.
"as stockholder," may be explained by
parol, 1967.
"assessments," 900.

"assessments," meaning as used in con-
stitution, 1316.

"at," when applied to a place, 1316.
"at Garvanza Depot," construed, 1316.
"attached," effect of pencil entry in mar-
gin of word, 1504.

"attorney" synonymous with "attorney
at law" and "counselor," 1368.
"attorney at law" synonymous with "at-
torney" and "counselor," 1368.
"bought," construction of, 1161.
"bribe," definition of, 2031.
"calls," 900.

"certificate of election," construction of,

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eree" instead of, 1604.

"committee," as the whole body, 1133.
"compelled to satisfy a prior lien for
his own protection," phrase defined,
1245.

"concurrence," as used in Constitution,
art. vi, § 4, 1338.

"conditions," to be stated in claim of
lien, what included in, 1780.
"confession," construction of as used in
§ 647, Pen. C., 2139.

"confidence operator," meaning of terms,
2139.

"consideration," meaning of word
as used in law, 2815.

as used in § 900, Pen. C., 2157.
"contest," within the meaning of the
will, what is a, 1841.

"convey," 857.

"conveyance," 857.

"conveyance," as technical word, 1131.
"conveyed," 857.

"constitutional officers," who included in,
1598.

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WORDS AND PHRASES (continued)
"costs," allowance by statute only, 1238.
"counselor" synonymous with "attorney"
and "attorney at law," 1368.
"covenants," book of, 1032.
"crop," in lease, 1131.

"damages," as to what may be allowed
as, 1281.

"de minimus non curat lex," applied,
1228.

"decision," of court, 1564.

"declare," as to duty of grand juror to,

any offense, 2157.

"dedication," distinguished from "appro-
priation," 1076.

"de facto," in law, 2815.

definitions and constructions, annotation,

3921.

"delivery," of land, 1163.

"demise," use as verb, 2815.

"department of labor," definition of, 1185.
"deposited in court," money is although

corpus of it may be held by treas-
urer, 2030.

"development work," in irrigation, 1076.
"devisees" not included in the word

"heirs," 1879.

"disregard," in court's charge, use of in-
stead of "distrust," 2023.
"distribution," meaning of as used in
will, 1064.

"distrust," use of the words "disregard"
and "discard" instead of, 2023.
"doubt," proper definition of, 2195.
"doubtful or ambiguous language," mean-
ing of term, 1966.

"due date," in commercial transaction,
2815.

"due diligence," as contemplated by subd.
3, § 686, Pen, C., 2144.
"due process of law," 1437.

"due process of law," in awarding costs,
1717.

"due service," admission of, 1712.
"duly given or made," in pleading judg-
ment, 1467.

"duly proved and allowed," in preference
to will, 1843.

"elected," as employed in § 4014, Pol. C.,
1346.

"elected," construction of, 888.
"eleemosynary," 988.

"encumbrances," embraces what in con-

veyance of land, annotation, 1030.
"encumbrance in good faith and for a
valuable consideration," 857.

WORDS AND PHRASES (continued)
"enjoin" and "abate" have technically
different meanings, 1308.

"everything of value," construed, 1146.
"f. o. b.," stands for what, 2815.
"family," as used in subd. 10, § 690, C. C.
P., 1593.

"fear or hopes," phrase expressed ampli-
fication of "motives," 1959.

"findings," special, 1544.

"for me, in my name," construction of,
1168.

"force," definition of as used in subd. 1,
§ 1150, C. C. P., 1755.

"fraud," relation to "unfair advantage,"
1115.

"genuine," meaning of, 2043.

"given to the respondent," in appeal
from justices' court, 1706.
"grand jury," defined, 3931.
"grant," as is used in conveyance, 1017.
"grant," in an instrument, 1025.
"grant," meaning of, 1017.
"gross receipts from operation," defined,
3586.

"have good cause," words as used in § 9,
art. I of the Constitution, meaning
of, 2177.

"heirs," as to meaning of in codes, 1879.
always includes children, 2815.
"heirs," does not include, "devisees,"
1879.

"heirs and devisees," as used in § 1265,
C. C., 1879.

"heirs of body," construed how, 992.
"highest market value," meaning of,

1285.

"holder of a special lien," who is, 1244,
1245.

"home place," meaning of in grant, 1311.
"homestead of other persons," than
"head of family," construed, 1052.
"husband" and "wife" are words with
but one meaning, 1316.
"husband" and "wife," in survivorship,
meaning of words, 1878.

"I think we did," an admission in the
technical sense and not a confession,
1969.

"idle rich," or "idle poor," prolific source
of crime, 2139.

"idleness," construction of term, 2139.
"if countersigned across the back" in
order on bank, 1271.

"immediate delivery," meaning of as
used in the code, 1303.

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WORDS AND PHRASES (continued)
"in furtherance of justice," legislative

definition of, 2242.

"in writing," justices' order to be, 1710.
"included," as used in statute, 1030.
"incompetency," definition of, 1190.
"indebtedness," is not included in "mon-
eys, credits and effects," 1504.
"inquest, jury of," defined, 3931.
"install," meaning of when applied to
machinery, 1758.

"installation," meaning of when applied
to machinery, 1758.
"instrument," meaning of, 1027, 1035,
1036, 1037, 2815.

"intent to defraud," in the removal of
mortgaged property, 2102.
"interest" in land, trust deed not but an
encumbrance, 1790.

"is owing to the judgment debtor," as
used in § 710, C. C. P., 1598.
"jury," defined, 3931.

"jury of inquest," defined, 3931.
"juvenile court law," as to, 1320.
"keeper" is broad enough to include the
words "proprietor" or "manager" or
"owner," 2102.

"keeper of boarding house," use of words
instead of "proprietor or manager,"
2102.

"law of the case," doctrine of, 1329, 1338,
1676.

"law of the state," city or town ordinance
is a, 2090..

"legacy," meaning of as used in will,
1064.

"legal representatives," right to extends
to, 1483.

"legally and fairly," insufficient allega-

tion for specific performance, 1447.
"lien," construction of word, 1244.
"live" outside of the county, 1683.
"look and listen," rule applied, 1150.
"Los Angeles Trust & Savings Bank,"

sufficiently distinguished from "Los
Angeles Savings Bank," 1830.
"made chargeable," as used in § 1509,
C. C. P., 1887.

"manager," is included in the word
"keeper," 2102.

"magistrate," defined, 2355.

"marketable title," meaning of, 2815.
"material respect," failure of considera-
tion in, 1143.

WORDS AND PHRASES (continued)
"may," changed to "must" by amend-
ment of 1907 as relates to require-
ment of an undertaking upon an ex
parte appointment of receiver, 1509.
when used by legislature, meaning of,
2815.

"members," of corporation, who are,
3803.

"merchantable," meaning of, 2816.
"merchantable quality," warranty of,
1170.

"moneys, credits and effects," does not
include "indebtedness," 1504.
"month," defined, 2355.
"moral certainty," phrase discussed, 1957.
"motives" is expressed in amplified form

by the phrase "fear or hopes," 1959.
"murder" in first degree, use of in in-
struction to jury, 2207.

"murder" use of word in instruction to
jury, 2206.

"must," construed directory, 1888.
"near," as used in Vrooman Act, 1316.
"nearest to the place" of purchase, pur-
pose of provision, 1286.
"neglect," meaning of, as used in § 1490,
C. C. P., 1882.

"neglect," meaning of the word as used
in § 1511, C. C. P., 1888.

"no" or "yes," jury not to answer inter-
rogatories by, 1543.

"non-existent," definition, 1170.
"No. 2 Mission tile," roofing called for
in contract, 1955.

"of unlawfully taking or detaining per-
sonal property," action for governed
by what provision of code, 1394.
"on," in a description of real property
equivalent to "near to" or "at," 1312.
"on motion," change of place of trial,
1431.

"on the adverse party," service of notice
of appeal, 1706.

"operative property," defined, 3587.
"opinion," meaning of as used in § 42,
art. 6 of the Constitution, 2209.
"or" must be read "and" in subd. 1,
§ 1191, Pen. C., 2214.
"order" defined, 1350.

"order," of justices' court, defined, 1710.
"order," of presiding justice of the peace,
1344.

"ordinary" language, Japanese or Chi-
nese not within § 426, C. C. P., 1442.
"ordinary care," meaning of, 1187.

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"permanent" employment, agreement to
give, 1200.

"person in charge of the use" in emi-
nent domain, 1808.

"person interested" in petition for let-
ters of administration, 1856.
"personal property," as used in Political
Code, 2355.

"personal service," meaning of, 1435.
"petition" and "application," used syn-

onymously in § 1373, C. C. P., 1862.
"possession," meaning of word as used
in § 112, C. C. P., 383, 1646.
"predatory animals," defined, 4129.
"private property," 1018.

"probable cause," definition of, 2251.
"proceeding," certification of engrossed
bill of exceptions is, 1480.
"proceedings," as to what constitutes,
1480.

"proceedings taken against," as to, 1481,
1485.

"process," defined, 2355.

"progressive" test of newspaper, 2134.
"property," as used in Political Code,
2355.

"property," corporation can not have in

the air, 2136.

"property," good will of business is, 1018.
"proprietor," is included in the word
"keeper," 2102.
"provided," 1088, 1090.
"proviso," 1090.

"public function," 1018.

WORDS AND PHRASES (continued)
"public use," construed, 1077.
"punishment-books," warden of state
prison to keep, 2258.

"quantum meruit," rendering equity
though not pleaded, 1462.

"questions" and "issues" of fact, 1544.
"quiescence," tantamount to "acquies-
cence," 1220.

"real property," defined, 1618, 2355.
"reasonable doubt," phrase discussed,
1957.

"reasonably fit for the purpose," war-
ranty of, 1170.

"received as aforesaid," construction of,
1181.

"recover," used in connection with
actions for money, 2816.

"referee," appointment of instead of
"commissioner," 1604.

"res ipsa loquitur"

meaning of, 2816.

rule of applied, 1198.

"rescind promptly," applied, 1146.
"reserved," meaning of, 1028.

"residue," definition of, in will, 1838.
“right arising out of an obligation," as to
what constitutes a, 1870.

"right of way," company can not have
in air, 2136.

"right to answer to the merits of action"
extends to whom, 1483.

"said building," construction of meaning
of, 1447.

"same offense," as to, annotation, 2172-
2176.

"section" of code, defined, 2356.

"sell," definition of, 1158.

"shown in notice," construed, 1080.
"slander of title," definition of, 2816.
"sold," construction of, 1161, 2816.
"special" holidays, 1355.

"special holidays," as to by proclamation,
annotation, 1314, 1315.

"special lien," who is holder of, 1244,
1245.

"special proceedings of a civil nature,"
as to what is, 1588.

"stack" and "cock" of hay are different
things, 2112.

"stare decisis," as to, 1771.

"state," defined, 2355.

"statutory jeopardy," as to what consti-
tutes, 2145.

"stockholder," 893.

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WORDS AND PHRASES (continued)
"stockholder," president signing also as,
1967.

"stockholders" of corporation, who are,

3803.

"student" brakeman, definition of, 1194.
"subsequent proceedings" as to jurisdic-
tion of after voluntary appearance,
1439.

"such persons as appear by the books,"

construction of, 894.

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"telegraph," derivation of the word, 2135.
"that private transactions have been fair

and regular," maxim applied, 1956.
"that the ordinary course of business
has been," maxim applied, 1956.
"that things have happened according to

the ordinary course of nature," etc.,
maxim applied, 1956.

"the complaint on file therein," in § 418,
C. C. P., as to effect of, 1437.
"the party," not equivalent to "the party
to be charged," 1997.
"then," uses and meaning, 2816.
"thereupon," construction of, 1168.
"to create," defined, 2816.

"to neglect," not synonymous with "to
omit," 1882.

"to omit," not synonymous with "to
neglect," 1882.

"to R. E. Trognitz, San Diego, Cal.," suf-
ficient signature to bill of exchange,
1268.

"to sell," construction of, 1168.

WORDS AND PHRASES (continued)
"to the sheriff or any constable," direc-
tion of warrant to, violation of law,
2005.

"to take," as relates to vendee, 1163.

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"undue influence," nature of, 1115.
"unfair advantage," relation to "fraud,"
1115.

"United States," include what, 2355.
"usque ad ocrum, et usque ad cœlum,"
maxim applied, 2136.

"utmost care and diligence," construed,
1204.

"utmost care and diligence," in action for
injury by carrier, 2000.
"vault," as used in lease, 1017.
"verdicts," special, 1544.

"vessel," defined, 2355.

"want of slight care and diligence," im-
plication of, 1209.

"welching," use of epithet in questioning
witness, 2012.

"while contained in above dwelling

house," in policy of insurance, 1448.
"while occupied as a dwelling house," in

policy of insurance, 1448.

"wholly void," provision as to with refer-

ence to building contract penal in its
nature, 1755.

"wife" and "husband" are words with

but one meaning, 1316.

"wife" and "husband" in survivorship,
meaning of words, 1878.

"wilful," definition of in instruction, 2240.
"will," defined, 2355.

"wilfully," defined, 3209.

"wireless message," as to whether within

code provision, annotation, 2134-2137.
"without any visible or lawful business,"
meaning of phrase as used in § 647,
Pen. C., 2139.

"without authority of law," construed,
1135.

"without authority of law," expenditure
of money by officer, 1494.
"without further ratification," in emi-
nent domain, 1808.
"writ," defined, 2355.

"written instrument," defined, 2816.
"year," defined, 2816.

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