Reports of Cases Determined in the Courts of Appeal of the State of California, 35. sējumsBancroft-Whitney, 1918 |
No grāmatas satura
1.–5. rezultāts no 100.
38. lappuse
... damage is the difference between the agreed price and its value ; and that as there is no allegation in the complaint ... damages for breach of an executory contract . The theory of the complaint is sound , and is as follows : That both ...
... damage is the difference between the agreed price and its value ; and that as there is no allegation in the complaint ... damages for breach of an executory contract . The theory of the complaint is sound , and is as follows : That both ...
45. lappuse
... damages cannot be disturbed on appeal . ID . STATUTE OF LIMITATIONS - TIME FOR COMMENCEMENT OF ACTION.— The time for ... damage to , or the death of another , such act must be the sole proximate cause of the injury or death , and ...
... damages cannot be disturbed on appeal . ID . STATUTE OF LIMITATIONS - TIME FOR COMMENCEMENT OF ACTION.— The time for ... damage to , or the death of another , such act must be the sole proximate cause of the injury or death , and ...
46. lappuse
... damages for the death of her husband , alleged to have been caused by blows wrongfully inflicted upon him by defendant . The jury re- turned a verdict in favor of plaintiff in the sum of ten thou- sand dollars , and judgment was entered ...
... damages for the death of her husband , alleged to have been caused by blows wrongfully inflicted upon him by defendant . The jury re- turned a verdict in favor of plaintiff in the sum of ten thou- sand dollars , and judgment was entered ...
51. lappuse
... damages for the injuries received necessarily expired with his death . Actio personalis moritur cum persona ; and but for the law giving to the heirs or representatives of the de- ceased the right to sue for such damages as they may ...
... damages for the injuries received necessarily expired with his death . Actio personalis moritur cum persona ; and but for the law giving to the heirs or representatives of the de- ceased the right to sue for such damages as they may ...
52. lappuse
... damages resulting from the personal injury to him , and hence , by survival , to his estate ; but is maintain- able only for the recovery of damages for the pecuniary loss resulting from the death to the surviving members of his family ...
... damages resulting from the personal injury to him , and hence , by survival , to his estate ; but is maintain- able only for the recovery of damages for the pecuniary loss resulting from the death to the surviving members of his family ...
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Bieži izmantoti vārdi un frāzes
affirmed agreement Aldersley alleged amount answer 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 Second Appellate 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
Populāri fragmenti
432. lappuse - 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.
889. lappuse - 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.
268. lappuse - ... 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.
719. lappuse - That a witness false in one part of his testimony is to be distrusted in others; 4.
630. lappuse - 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.
212. lappuse - 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.
625. lappuse - 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...
12. lappuse - Wilkinson as receiver recited that he was appointed "with the usual powers of receivers in such cases upon his filing a bond with the clerk of this court and executed to the state of California in the penal sum of ten thousand dollars, conditioned for the faithful performance and discharge of his duties in the usual form.
97. lappuse - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract. To the extent, and in the manner, and under the circumstances, pointed out in his obligation, he is bound, and no further.
478. lappuse - ... upon such terms as may be just, relieve a, party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect...