Reports of Cases Determined in the Supreme Court of the State of California, Volumen103Bancroft-Whitney, 1906 |
Dentro del libro
Resultados 1-5 de 100
Página xvii
... held , that there was no irregularity in the proceedings of the trial court warranting a new trial , and no accident or surprise which ordinary prudence could not have guarded against . Judgment and order affirmed . 19285 Brickell v ...
... held , that there was no irregularity in the proceedings of the trial court warranting a new trial , and no accident or surprise which ordinary prudence could not have guarded against . Judgment and order affirmed . 19285 Brickell v ...
Página 18
... held the money as trustee for Steen , and had wrongfully used the funds in his business , in which he had realized a profit greatly exceeding the rate of inter- est allowed . This court decided that the rate could not be allowed , and ...
... held the money as trustee for Steen , and had wrongfully used the funds in his business , in which he had realized a profit greatly exceeding the rate of inter- est allowed . This court decided that the rate could not be allowed , and ...
Página 22
... held by him as the trustee of Steen . The court having found that the actual profits cannot be ascertained , gave the plaintiff interest in lieu of profits , calculated as directed by this court on the first appeal , but allowed only ...
... held by him as the trustee of Steen . The court having found that the actual profits cannot be ascertained , gave the plaintiff interest in lieu of profits , calculated as directed by this court on the first appeal , but allowed only ...
Página 23
... held by the defendant , or either of them , purchased with the common fund , or any part thereof , as the defendants cannot show to be theirs . " It is true plaintiff was given an option , either to accept a modification of the judgment ...
... held by the defendant , or either of them , purchased with the common fund , or any part thereof , as the defendants cannot show to be theirs . " It is true plaintiff was given an option , either to accept a modification of the judgment ...
Página 26
... held that Hendy held the money in a fiduciary capacity , and must account for all profit made from it or pay compound interest . It now appears that though the money has been used by Hendy , no profits have been made which can justly be ...
... held that Hendy held the money in a fiduciary capacity , and must account for all profit made from it or pay compound interest . It now appears that though the money has been used by Hendy , no profits have been made which can justly be ...
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Términos y frases comunes
action affirmed agreement alleged appellant assessment attorney authority averred Bank Birkholm board of supervisors C.-This cause charged CIII City and County Civil Code Civil Procedure claim Clugston Code Civ complaint concurred constitution contract corporation County of San damages deed defendant defendant's demurrer Department Two.-June dollars easement entitled error evidence facts favor filed findings FITZGERALD GAROUTTE grant held intent involved James Graham Fair judgment and order jurisdiction jury land liability lien MCFARLAND ment MONO COUNTY motion nonsuit order appealed order denying owner paid party payment person plaintiff possession proceedings promissory note prosecution provision purchase question R. R. Co real property reason receiver record recover refused rendered Respondent San Francisco specifications statute street sufficient Superior Court sustained testimony thereof tion tract transaction trust Tulare county vendor verdict void witness
Pasajes populares
Página 695 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which in the ordinary course of things would be likely to result therefrom.
Página 676 - ... 5. That the offense was committed at some time prior to the time of finding the indictment ; 6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended ; •j.
Página 171 - ... proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares, and against other property held by the respective parties. When, however, a litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.
Página 183 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Página 458 - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
Página 328 - All contracts for the sale of shares of the capital stock of any corporation or association, on margin or to be delivered at a future day, shall be void, and any money paid on such contracts may be recovered by the party paying it by suit in any Court of competent jurisdiction.
Página 101 - a written instrument is presumptive evidence of a consideration;" and section 1615 provides that "the burden of showing a want of consideration sufficient to support an Instrument lies with the party seeking to invalidate or avoid it.
Página 154 - Every claim which is due, when presented to the executor or administrator, must be supported by the affidavit of the claimant, or some one in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant.
Página 65 - This offer had been accepted by the board; and in the absence of a showing to the contrary it will be presumed that the county commissioners have taken all due precautions in the premises, and that they can compel Mr.
Página 242 - The requirement of a public trial is for the benefit of the accused ; that the public may see he is fairly dealt with and not unjustly condemned, and that the presence of interested spectators may keep his triers keenly alive to a sense of their responsibility and to the importance of their functions...