Reports of Cases Determined in the Supreme Court of the State of California, Том 181Bancroft-Whitney, 1921 |
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Страница 244 - Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.
Страница 55 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Страница 767 - Every agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agent, if such agreement, promise or undertaking: 1. By its terms is not to be performed within one year from the making thereof ; 2.
Страница v - Justice of the Court when so convened. The concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in bank; but if four Justices, so present, do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument; but to render a judgment a concurrence of four Judges shall be necessary.
Страница 101 - The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate; "6.
Страница 335 - States, or given aid and comfort to its enemies, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person...
Страница 500 - Rep. 134, wherein it was held that it was properly left to the jury to determine whether or not a supervening cancerous growth was caused by injuries sustained by plaintiff as a result of defendant's negligence.
Страница 410 - A power coupled with an interest " is a power which accompanies or is connected with an interest. The power and the interest are united in the same person. But if we are to understand by the word " interest " an interest in that which is to be produced by the exercise of the Hunt v.
Страница 774 - And in the absence of such an express declaration, we think that we are to look to the whole contract, and applying the rule stated by Parke, B., to be acknowledged, see whether the particular stipulation goes to the root of the matter, so that a failure to perform it would render the performance of the rest of the contract by the plaintiff a thing different in substance from what the defendant has stipulated for ; or whether it merely partially affects it and may be compensated for in damages.
Страница 650 - In an action upon a contract, express or implied, for the direct payment of money...