The Pacific Reporter, Volumen166West Publishing Company, 1917 |
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Página 1
... action ex delicto . [ Ed . Note . For other cases , see Attachment , Cent . Dig . §§ 24-29 . ] Department 2. Appeal from Superior Court , City and County of San Francisco ; J. M. Seawell , Judge . Action by Martha E. Hallidie , as ...
... action ex delicto . [ Ed . Note . For other cases , see Attachment , Cent . Dig . §§ 24-29 . ] Department 2. Appeal from Superior Court , City and County of San Francisco ; J. M. Seawell , Judge . Action by Martha E. Hallidie , as ...
Página 2
actions so long as the common law remains not in truth rest upon contract at all . In the basis of our jurisprudence . Anciently , others , the contract may lie at the base of no action at law could be brought without the wrong or may ...
actions so long as the common law remains not in truth rest upon contract at all . In the basis of our jurisprudence . Anciently , others , the contract may lie at the base of no action at law could be brought without the wrong or may ...
Página 3
... action into one purely in equity . express or implied , but extends the time for commencing actions " for relief on the ground of fraud . " Anciently , while equity relieved and entertained bills where fraud and its recent discovery ...
... action into one purely in equity . express or implied , but extends the time for commencing actions " for relief on the ground of fraud . " Anciently , while equity relieved and entertained bills where fraud and its recent discovery ...
Página 15
... action was ex delicto , and the circuit court rendered a judgment after the death of the defendant , and then , as here , entered The section " does not , however , do away with a nunc pro tunc judgment upon being ad- the rule that ...
... action was ex delicto , and the circuit court rendered a judgment after the death of the defendant , and then , as here , entered The section " does not , however , do away with a nunc pro tunc judgment upon being ad- the rule that ...
Página 17
... action ex delicto , governed by Code Civ . Proc . § 340 , subd . 3 , barring such action in one year , and not by section 339 , subd . 1 , governing actions on contracts . [ 2 ] Nothing is of more value in the con- struction of a ...
... action ex delicto , governed by Code Civ . Proc . § 340 , subd . 3 , barring such action in one year , and not by section 339 , subd . 1 , governing actions on contracts . [ 2 ] Nothing is of more value in the con- struction of a ...
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Términos y frases comunes
action adverse possession affirmed agreement alleged amended amount APPEAL AND ERROR assessment authority bank bond Carey Act cause Cent claim Code commissioners Company construction contract corporation court of equity Court of Oklahoma damages deceased decree deed defendant in error demurrer denied Digests and Indexes district court employé entitled estoppel evidence executed fact fendant filed Idaho injury issue Judge judgment June 12 jury Key-Numbered Digests land lease lien Lumber mandamus ment mortgage motion municipal MUNICIPAL CORPORATIONS negligence Note.-For nunc pro tunc osteopathy owner paid parties payment person petition plaintiff in error pleadings possession purchase question quiet title railroad reason record recover rendered replevin respondent rule statute sufficient Superior Court supra Supreme Court sureties sustained thereof thereto tiff tion topic and KEY-NUMBER tract trial court trust verdict writ
Pasajes populares
Página 28 - What constitutes a holder in due course. — A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title...
Página 425 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Página 335 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation,...
Página 354 - Constitution so as to become likewise empowered hereunder, to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in their several charters, and in respect to other matters they shall be subject to and controlled by general laws.
Página 292 - Provided, that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Página 25 - Under this test, if the injury can be seen to have followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation as a result of the exposure occasioned by the nature of the employment, then it arises "out of
Página 39 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: 1.
Página 364 - Mechanics, material-men, artisans, and laborers of every class shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens.
Página 230 - ... in good faith relied upon such conduct, and has been led thereby to change his position for the worse, and who on his part acquires some corresponding right either of property, of contract, or of remedy.
Página 101 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.