Reports of Cases Determined in the District Courts of Appeal of the State of California, Հատոր 37

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Bancroft-Whitney Company, 1920
 

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Common terms and phrases

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Էջ 105 - ... after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.
Էջ 492 - 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.
Էջ 129 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Էջ 188 - A witness is allowed to refresh his memory respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing.
Էջ 5 - The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated ; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals, and no other facts need be alleged in any indictment or information against such an accessory than are...
Էջ 790 - 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.
Էջ 245 - To indemnify the assured . . . against loss by reason of the liability imposed by law upon the assured for damages on account of bodily injuries...
Էջ 376 - ... to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources and add to its wealth and prosperity.
Էջ 638 - The Legislature shall provide for a system of Common Schools, by which a school shall be kept up and supported in each district at least three months in every year : and any school district neglecting to keep up and support such a school, may be deprived of its proportion of the interest of the public fund during such neglect.
Էջ 57 - ... and the application of the proceeds of the sale to the payment of the costs of the...

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