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WORDS AND PHRASES (continued) WORDS AND PHRASES (continued)
"actio aliud est," applied, 1317.

"arise," construed in limitation of action,
"action" and "suit,” distinction and

1405.
proper use of terms, 1316, 1317.

"as justice may require," as used in
"action,” as to what is, 1588.

§ 1720, C. C. P., 1932.
"action," possesses a strictly technical “as of course,” amending answer, 1473.
significance, 1317.

"as stockholder,” may be explained by
"actual,” as used in § 3440, Civil Code,

parol, 1967.
meaning of, 1302,

"assessments," 900.
"acquiescence," "quiescence" is tanta-

"assessments," meaning as used in con-
mount to, 1220.

stitution, 1316.
"Admission day," election on, 1354.

"at," when applied to a place, 1316.
"advance," 1000.

"at Garvanza Depot," construed, 1316.
"advance" or "pay” certain expenses,

"attached,” effect of pencil entry in mar-
1220.

gin of word, 1504.

"attorney” synonymous with "attorney
“adverse,” within meaning of $ 940, C. C.

at law" and "counselor," 1368.
P., 1657.

"attorney at law” synonymous with “at-
"adverse party," as to who is in appeal

torney" and "counselor," 1368.
and error, 1649.

"bought,” construction of, 1161.
"adverse party,” in appeal and error,

“bribe," definition of, 2031.
1675.

"calls," 900.
"adverse party,” meaning of, 1556.

“certificate of election,” construction of,
"adverse party,” who is, 1659.

1745.
“after expiration of the term,” explana- "charitable," 988.

tion of as used in § 1161, C. C. P., "children," meaning of, 2815.
1753.

"Christe" for "Kriste," as idem sonans,
"against law," decision as, 1563.

1993.
"against law;" when decision is, 1536. “cock" of hay is not a "stack" of hay,
"aid," does not imply guilty knowledge,

2112.
2040.

“collector," defined, 4099.
"and" must be substituted for "or" in "commissioner," appointment of “ref-
subd. 1, § 1191, Pen. C., 2214.

eree" instead of, 1604.

"committee,” as the whole body, 1133.
construed, 1139.

"compelled to satisfy a prior lien for
"any person," as used in $ 1001 of the

his own protection," phrase defined,
Civil Code, includes what, 1808.

1245.
"anything of value or advantage present "concurrence,” as used in Constitution,
or prospective," constitutes a bribe,

art. vi, § 4, 1338.
2031.

"conditions," to be stated in claim of
“appears to have been altered after its

lien, what included in, 1780.
execution," how it is to be known “confession," construction of as used in
whether instrument offered has

§ 647, Pen. C., 2139.
been, 2002.

"confidence operator," meaning of terms,
"appellant,” as used in $8938, 941, and

2139.
943, C. C. P., must be read as if "consideration," meaning of word
plural, 1316.

as used in law, 2815.
"application" and "petition" used syn. as used in $ 900, Pen. C., 2157.

onymously in $ 1373, C. C. P., 1862. "contest," within the meaning of the
"application," what constitutes for let-

will, what is a, 1841.
ters of administrators, 1862.

“convey,” 857.
"apply," as used in $$ 938, 941, and 943, "conveyance,” 857.

C. C. P., must be read as if plural, "conveyance," as technical word, 1131.
1316.

"conveyed," 857.
"appropriation," distinguished from "ded- “constitutional officers," who included in,
ication," 1075.

1598.

“and is aware of his right to rescind,”

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WORDS AND PHRASES (continued) WORDS AND PHRASES (continued)

"costs," allowance by statute only, 1238. "enjoin" and "abate" have technically
"counselor" synonymous with "attorney"

different meanings, 1308.
and “attorney at law," 1368.

"everything of value," construed, 1146.
"covenants," book of, 1032.

“f. o. b.,” stands for what, 2815.
"crop," in lease, 1131.

“family," as used in subd. 10, $ 690, C. C.
"damages," as to what may be allowed

P., 1593.
as, 1281.

"fear or hopes," phrase expressed ampli-
"de minimus non curat lex," applied,

fication of "motives,” 1959.
1228.

“findings," special, 1544.
"decision," of court, 1564.

"for me, in my name,” construction of,
"declare," as to duty of grand juror to,

1168.
any offense, 2157.

"force," definition of as used in subd. 1,
"dedication," distinguished from "appro.

§ 1150, C. C. P., 1755.
priation," 1076.

"fraud," relation to “unfair advantage,”
"de facto," in law, 2815.

1115.
definitions and constructions, annotation, "genuine," meaning of, 2043.
3921.

"given to the respondent," in appeal
"delivery," of land, 1163.

from justices' court, 1706.
"demise,” use as verb, 2815.

"grand jury," defined, 3931.
"department of labor," definition of, 1185. "grant," as is used in conveyance, 1017.
“deposited in court,” money is although "grant,” in an instrument, 1025.

corpus of it may be held by treas- "grant," meaning of, 1017.
urer, 2030.

“gross receipts from operation," defined,
"development work,” in irrigation, 1076.

3586.
"devisees" not included in the word "have good cause,” words as used in $ 9,
"heirs," 1879.

art. I of the Constitution, meaning
"disregard,” in court's charge, use of in-

of, 2177.
stead of "distrust," 2023.

"heirs," as to meaning of in codes, 1879.
"distribution,” meaning of as used in always includes children, 2815.
will, 1064.

"heirs," does not include, "devisees,"
"distrust,” use of the words "disregard"

1879.
and “discard" instead of, 2023.

"heirs and devisees," as used in $ 1265,
"doubt,” proper definition of, 2195.

C. C., 1879.
“doubtful or ambiguous language," mean- "heirs of body," construed how, 992.
ing of term, 1966.

“highest market value," meaning of,
“due date," in commercial transaction,

1285.
2815.

"holder of a special lien," who is, 1244,
"due diligence," as contemplated by subd.

1245,
3, 8 686, Pen, C., 2144.

"home place," meaning of in grant, 1311.
"due process of law," 1437.

"homestead of other persons," than
"due process of law,” in awarding costs,

"head of family," construed, 1052.
1717.

"husband" and "wife" are words with
"due service," admission of, 1712.

but one meaning, 1316.
"duly given or made," in pleading judg- "husband" and "wife," in survivorship,
ment, 1467,

meaning of words, 1878.
"duly proved and allowed,” in preference “I think we did," an admission in the
to will, 1843.

technical sense and not a confession,
"elected,” as employed in § 4014, Pol. C.,

1969.
1346.

"idle rich," or "idle poor," prolific source
"elected,” construction of, 888.

of crime, 2139.
"eleemosynary," 988.

"idleness," construction of term, 2139.
"encumbrances,” embraces what in con- "if countersigned across the back" in
veyance of land, annotation, 1030.

order on bank, 1271.
"encumbrance in good faith and for a "immediate delivery,” meaning of
valuable consideration," 857.

used in the code, 1303.

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WORDS AND PHRASES (continued) WORDS AND PHRASES (continued)
"in furtherance of justice," legislative “may," changed to "must" by amend-
definition of, 2242.

ment of 1907 as relates to require-
"in writing," justices' order to be, 1710.

ment of an undertaking upon an ex
"included," as used in statute, 1030.

parte appointment of receiver, 1509.
“incompetency,” definition of, 1190.

when used by legislature, meaning of,
“indebtedness," is not included in “mon.

2815.
eys, credits 'and effects," 1504.

"members," of corporation, who are,
“inquest, jury of," defined, 3931.

3803,
"install,” meaning of when applied to

"merchantable,” meaning of, 2816.
machinery, 1758.

"merchantable quality," warranty of,
"installation," meaning of when applied

1170.
to machinery, 1758.

"moneys, credits and effects," does not
"instrument,” meaning of, 1027, 1035,

include “indebtedness," 1504.
1036, 1037, 2815.

"month," defined, 2355.
"intent to defraud,” in the removal of

"moral certainty," phrase discussed, 1957.

"motives” is expressed in amplified form
mortgaged property, 2102.

by the phrase “fear or hopes," 1959.
“interest" in land, trust deed not but an

"murder" in first degree, use of in in-
encumbrance, 1790.

struction to jury, 2207.
“is owing to the judgment debtor," as

"murder" use of word in instruction to
used in $ 710, C. C. P., 1598.

jury, 2206.
“jury," defined, 3931.

"must," construed directory, 1888.
"jury of inquest," defined, 3931.

"near," as used in Vrooman Act, 1316.
"juvenile court law,” as to, 1320.

"nearest to the place" of purchase, pur-
"keeper" is broad enough to include the

pose of provision, 1286.
words "proprietor" or "manager" or

"neglect,” meaning of, as used in $ 1490,
"owner," 2102.

C. C. P., 1882.
"keeper of boarding house,” use of words

"neglect,” meaning of the word as used
instead of "proprietor or manager,"

in § 1511, C. C. P., 1888.
2102,

"no" or "yes,” jury not to answer inter-
“law of the case," doctrine of, 1329, 1338,

rogatories by, 1543.
1676.

"non-existent," definition, 1170.
"law of the state," city or town ordinance "No. 2 Mission tile," roofing called for
is a, 2090.

in contract, 1955.
“legacy,” meaning of as used in will, “of unlawfully taking or detaining per-
1064.

sonal property," action for governed
“legal representatives,” right to extends

by what provision of code, 1394.
to, 1483.

“on," in a description of real property
"legally and fairly," insufficient allega-

equivalent to "near to" or "at,” 1312.
tion for specific performance, 1447.

"on motion," change of place of trial,

1431.
"lien," construction of word, 1244.
"live" outside of the county, 1683.

"on the adverse party,” service of notice

of appeal, 1706.
“look and listen,” rule applied, 1150.

"operative property," defined, 3587.
"Los Angeles Trust & Savings Bank,"

"opinion,” meaning of as used in § 442,
sufficiently distinguished from “Los

art. 6 of the Constitution, 2209.
Angeles Savings Bank,” 1830.

"or" must be read "and" in subd. 1,
"made chargeable," as used in $ 1509,

§ 1191, Pen, C., 2214.
C. C. P., 1887.

"order" defined, 1350.
"manager," is included in the word

"order," of justices' court, defined, 1710.
"keeper,” 2102,

"order," of presiding justice of the peace,
“magistrate," defined, 2355.

1344.
"marketable title," meaning of, 2815.

"ordinary” language, Japanese or Chi-
“material respect,” failure of considera-

nese not within $ 426, C. C. P., 1442.
tion in, 1143.

"ordinary care," meaning of, 1187.

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WORDS AND PHRASES (continued) WORDS AND PHRASES (continued)
"ordinary care,” in selection of employ. "public use," construed, 1077.
ees, meaning of, 1191.

“punishment-books," warden of state
"ordinary probate proceedings,” meaning

prison to keep, 2258.
of as used in § 1612, C. C. P., 1905. "quantum meruit,” rendering .equity
"other decisions," what are included,

though not pleaded, 1462.
1564.

"questions" and “issues” of fact, 1544.
"owner," 893.

"quiescence,” tantamount to "acquies-
"owner," is included in the word

cence," 1220.
"keeper," 2102.

“real property," defined, 1618, 2355.
"owner or reputed owner," in mechanic's

“reasonable doubt," phrase discussed,
lien law, 1778.

1957.
"party aggrieved,” as to who is in appeal

“reasonably fit for the purpose," war.
and error, 1649.

ranty of, 1170.
"party aggrieved," as used in $$ 938, 941,

"received as aforesaid,” construction of,
and 943, C. C. P., must be read as if

1181.
plural, 1316.

"recover,” used in connection with
"pay," or "advance" certain expenses,

actions for money,

2816.
1220.
"peace officers," defined, 2355.

"referee," appointment of instead of

"commissioner," 1604.
"Perkacin" for "Prkachin," as idem 80-

“res ipsa loquitur"
nans, 1993.
"permanent” employment, agreement to

meaning of, 2816.
give, 1200.

rule of applied, 1198.
"person in charge of the use" in emi. “rescind promptly," applied, 1146.
nent domain, 1808,

“reserved," meaning of, 1028.
"person interested" in petition for let- “residue," definition of, in will, 1838.
ters of administration, 1856.

"right arising out of an obligation," as to
"personal property," as used in Political

what constitutes a, 1870.
Code, 2355.

"right of way," company can not have
“personal service," meaning of, 1435.

in air, 2136.
“petition" and "application,” used syn- “right to answer to the merits of action"
onymously in § 1373, C. C. P., 1862.

extends to whom, 1483.
"possession,” meaning of word as used "said building,” construction of meaning
in $ 112, C. C. P., 383, 1646.

of, 1447.
"predatory animals," defined, 4129.

"same offense,” as to, annotation, 2172.
“private property," 1018.

2176.
"probable cause," definition of, 2251, "section" of code, defined, 2356.
"proceeding,” certification of engrossed "sell," definition of, 1158.
bill of exceptions is, 1480.

"shown in notice," construed, 1080.
"proceedings,” as to what constitutes, "slander of title," definition of, 2816.
1480.

“sold," construction of, 1161, 2816.
"proceedings taken against,” as to, 1481, "special" holidays, 1355.
1485.

“special holidays," as to by proclamation,
"process," defined, 2355.

annotation, 1314, 1315.
"progressive" test of newspaper, 2134. "special lien," who is holder of, 1244,
"property," as used in Political Code,

1245.
2355.

“special proceedings of a civil nature,”
"property," corporation can not have in

as to what is, 1588.
the air, 2136.

“stack” and “cock" of hay are different
"property,” good will of business is, 1018.

things, 2112.
“proprietor," is included in the word "stare decisis," as to, 1771.
“keeper," 2102.

"state," defined, 2355.
“provided," 1088, 1090.

"statutory jeopardy," as to what consti-
“proviso,” 1090.

tutes, 2145.
"public function,” 1018.

"stockholder," 893.

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WORDS AND PHRASES (continued) WORDS AND PHRASES (continued)
"stockholder,” president signing also as, "to the sheriff or any constable," direc-
1967.

tion of warrant to, violation of law,
"stockholders” of corporation, who are,

2005.
3803.

“transfer,” as to technical meaning of,
“student” brakeman, definition of, 1194.

1018.
"subsequent proceedings" as to jurisdic- "trivial imperfection," in mechanic's lien,
tion of after voluntary appearance,

1785.
1439.

“trust fund," doctrine of, 909.
"such persons as appear by the books," “trustee," added to stock certificate,
construction of, 894.

1002,
“suit" and "action,” distinct and appro "undue influence,” nature of, 1115.
priate use of terms, 1316, 1317.

"unfair advantage," relation to "fraud,"
"suit at law," unknown under the com-

1115.
mon law, 1317.

“United States," include what, 2355.
"sunset and sunrise," sufficiency of evi- "usque ad ocrum, et usque ad cælum,"
dence to establish breaking to be

maxim applied, 2136.
between, 2092,

"utmost care and diligence,” construed,
"surprise," as to what court will relieve

1204.
against, 1486,

“utmost care and diligence," in action for
"surprise," from effect of which court

injury by carrier, 2000,
may relieve, 1567.

"vault," as used in lease, 1017,
"surprise," of counsel at ruling of court, "verdicts," special, 1544.
1561, 1568.

"vessel," defined, 2355.
"surprise," what contemplated under "want of slight care and diligence," im.
$$ 473 and 675, C. C. P., 1563.

plication of, 1209.
"tare,” on baled hops, 1014.

"welching," use of epithet in questioning
"tax," construction of, 1131.

witness, 2012.
"technical," as term is commonly under- “while contained in above dwelling
stood, 2193.

house,” in policy of insurance, 1448.
"technical objections," as to what are, "while occupied as a dwelling house,” in
2193.

policy of insurance, 1448.
“telegraph,” derivation of the word, 2135. "wholly void,” provision as to with refer-
"that private transactions have been fair

ence to building contract penal in its
and regular," maxim applied, 1956.

nature, 1755.
"that the ordinary course of business wife" and "husband" are words with
has been," maxim applied, 1956.

but one meaning, 1316.
"that things have happened according to "wife" and "husband" in survivorship,
the ordinary course of nature," etc.,

meaning of words, 1878.
maxim applied, 1956.

"wilful,” definition of in instruction, 2240.
"the complaint on file therein," in § 418, "will," defined, 2355.
C. C. P., as to effect of, 1437.

"wilfully," defined, 3209.
“the party," not equivalent to "the party "wireless message," as to whether within
to be charged," 1997.

code provision, annotation, 2134-2137.
“then," uses and meaning, 2816.

“without any visible or lawful business,"
"thereupon," construction of, 1168.

meaning of phrase as used in § 647,
"to create," defined, 2816.

Pen. C., 2139.
"to neglect," not synonymous with "to "without authority of law," construed,
omit," 1882.

1135.
"to omit," not synonymous with “to “without authority of law,” expenditure
neglect," 1882.

of money by officer, 1494.
"to R. E. Trognitz, San Diego, Cal.,” suf- “without further ratification," in emi.
ficient signature to bill of exchange,

nent domain, 1808.
1268.

"writ," defined, 2355.
"to sell," construction of, 1168.

“written instrument," defined, 2816.
"to take," as relates to vendee, 1163.

"year," defined, 2816.

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