Proceedings of the ... Annual Convention of the California Bar Association, Volumul 12

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California Bar Association, 1922
List of members in each volume.

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Termeni și expresii frecvente

Pasaje populare

Pagina 106 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Pagina 19 - It is too probable that no plan we propose will be adopted. Perhaps another dreadful conflict is to be sustained. If, to please the people, we offer what we ourselves disapprove, how can we afterwards defend our work? Let us raise a standard to which the wise and honest can repair ; the event is in the hand of God.
Pagina 115 - ... sales as in other cases ; and if directions are given in the will as to the mode of selling, or the particular property to be sold, such directions must be observed. In either case no title passes unless the sale be confirmed by the court...
Pagina 211 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Pagina 229 - A general partner shall have all the rights and powers and be subject to all the restrictions and liabilities of a partner in a partnership without limited partners, except that without the written consent or ratification of the specific act by all the limited partners, a general partner or all of the general partners have no authority to...
Pagina 230 - ... partners on account of their contributions, have been paid or there remains property of the partnership sufficient to pay them, (b) The consent of all members is had, unless the return of the contribution may be rightfully demanded under the provisions of paragraph (2), and (c) The certificate is cancelled or so amended as to set forth the withdrawal or reduction.
Pagina 138 - No judgment shall be set aside or new trial granted in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure unless, in the opinion of the court to which the application is made, after an examination of the entire cause, it shall affirmatively appear that the error complained of has resulted in a miscarriage of justice.
Pagina 98 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...
Pagina 110 - The lien continues for five years, unless the enforcement of the judgment be stayed on appeal by the execution of a sufficient undertaking as provided in this code, in which case the lien of the judgment and any lien by virtue of an attachment that has been issued and levied in the action ceases.
Pagina 212 - ... defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.

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