Reports of Cases Determined in the District Courts of Appeal of the State of California, Band 83Bancroft-Whitney Company, 1928 |
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affidavit affirmed agent agreed agreement alleged amount attorney authority automobile bank broker cause of action Civil Code Civil Procedure claim Code of Civil complaint concurred contract corporation County cross-complaint damages deed defendant defendant's demurrer deposit entitled evidence was sufficient EVIDENCE.-In executed facts favor fendant filed fire fraud husband injuries instructions interest irrigation issue Judge judgment jury land lease lien Mary Prior ment Miguel Company mortgage negligence opinion owner paid parties payment person petition petitioner plaintiff pleadings possession Power Company premises prior proceeding promissory note prosecution purchase price purpose question quiet title Rancho San Miguel real property reason received record respondent rule Second Appellate District statute Superior Court supreme court sustained testified testimony thereof tiff tion trial court trust Ventura County verdict wife witness
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Seite 370 - Code provides that a conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof...
Seite 623 - That they are not bound to decide in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a less number or against a presumption or other evidence satisfying their minds; 3.
Seite 233 - A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful.
Seite 229 - Part further covenants and agrees to merchandise such wheat in foreign ports , it being understood and agreed between the Party of the First Part and the Party of the Second Part...
Seite 551 - The earnings and accumulations of the wife, and of her minor children living with her or in her custody, while she is living separate from her husband, are the separate property of the wife.
Seite 699 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Seite 78 - Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might if unmarried...
Seite 80 - A husband and wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they may agree, in writing, to an immediate separation, and may make provision for the support of either of them and of their children during such separation.
Seite 641 - Undue influence consists: 1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over •him, of such confidence or authority for the purpose of obtaining an unfair advantage over him; 2. In taking an unfair advantage of another's weakness of mind; or, 3. In taking a grossly oppressive and unfair advantage of another's necessities or distress.
Seite 66 - A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal...