Reports of Cases Determined in the District Courts of Appeal of the State of California, Svazek 35Bancroft-Whitney Company, 1918 |
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Strana 1
... RECORD . On an appeal from a judgment , a statement of facts made by the trial judge in rendering his oral decision , although printed in the appellant's brief , cannot be treated as forming any part of the record , nor used to supply ...
... RECORD . On an appeal from a judgment , a statement of facts made by the trial judge in rendering his oral decision , although printed in the appellant's brief , cannot be treated as forming any part of the record , nor used to supply ...
Strana 4
... record nowhere discloses the view the court took of the evidence . Had the statement printed in appellant's brief found its way into the record , it could not here be treated 4 CURTIN V. BLACK OAK DEVELOPMENT CO . [ 35 Cal . App .
... record nowhere discloses the view the court took of the evidence . Had the statement printed in appellant's brief found its way into the record , it could not here be treated 4 CURTIN V. BLACK OAK DEVELOPMENT CO . [ 35 Cal . App .
Strana 9
... record and are entirely satisfied that there is sufficient to support all the findings . Briefly , the transaction was as follows : The defendant is a Japanese farmer somewhat extensively engaged in the farming business in the island ...
... record and are entirely satisfied that there is sufficient to support all the findings . Briefly , the transaction was as follows : The defendant is a Japanese farmer somewhat extensively engaged in the farming business in the island ...
Strana 29
... record discloses a clear abuse of that discretion . ( Simmons v . Simmons , 22 Cal . App . 448 , [ 134 Pac . 791 ] ; Van Horn v . Van Horn , 5 Cal . App . 719 , [ 91 Pac . 260 ] ; Dickerson v . Dickerson , 108 Cal . 351 , [ 41 Pac . 475 ] ...
... record discloses a clear abuse of that discretion . ( Simmons v . Simmons , 22 Cal . App . 448 , [ 134 Pac . 791 ] ; Van Horn v . Van Horn , 5 Cal . App . 719 , [ 91 Pac . 260 ] ; Dickerson v . Dickerson , 108 Cal . 351 , [ 41 Pac . 475 ] ...
Strana 34
... record , Gragg was foreman of a gang of some eighteen or twenty men employed by the county of San Bernardino , who , under his direction , were engaged in the construction of a concrete road . He was authorized and empowered in his ...
... record , Gragg was foreman of a gang of some eighteen or twenty men employed by the county of San Bernardino , who , under his direction , were engaged in the construction of a concrete road . He was authorized and empowered in his ...
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affirmed agreement Aldersley alleged amount answer Appellate District.-December application assessment attorney attorney at law authority bond cause heard cause of action charge Civil Code Civil Procedure claim Code of Civil Company compensation concurred contention contract corporation counsel County court of appeal crime damages deceased deed default defendant defendant's demurrer district court duty employee entitled evidence execution facts fendant filed findings fraudulent hundred dollars Industrial Accident Commission injury instruction issue Judge judgment jury land lien McClellan ment motion offense opinion order denying owner paid party payment person petition petitioner plaintiff pleadings proceeding promissory note prosecution purchase purpose question quiet title real property reason record Respondent Sierra County Sonoma County statute stockholder sufficient Superior Court supreme court surety sustained testified testimony therein thereof thousand dollars tion trial court verdict witness writ
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Strana 780 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Strana 430 - Manslaughter is the unlawful killing of a human being, without malice. It is of two kinds: 1. Voluntary — upon a sudden quarrel or heat of passion. 2. Involuntary — in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.
Strana 789 - It need not have been foreseen or expected, but after the event it must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a rational consequence.
Strana 210 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Strana 266 - ... together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest.
Strana 715 - That a witness false in one part of his testimony is to be distrusted in others; 4.
Strana 626 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Strana 621 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, Ls the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not...
Strana 12 - Comptroller, in the penal sum of ten thousand dollars, conditioned for the faithful performance of the duties of his office.
Strana 881 - ... 2. If the injured employee shall not have worked in such employment during substantially the whole of such year, his average annual earnings shall consist of three hundred times the average daily wage or salary which an employee of the same class working substantially the whole of such immediately preceding year in the same or in a similar employment in the same or a neighboring place shall have earned in such employment during the days when so employed; 3.