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Reports of Cases Determined in the Courts of Appeal of the State of California (Volume 40)

Reports of Cases Determined in the Courts of Appeal of the State of California (Volume 40)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1920 Excerpt: ... EVIDENCE (Continued). 13. Sufficiency--Verdict.--There la no fixed standard for the sufficiency of evidence to induce belief, and unless the evidence so clearly preponderates against the verdict that the court cannot conclude that the verdict was the result of a due consideration of the evidence, the verdict will not be disturbed. (Id.) 14. Presumptions.--'Whenever under a given state of facts a presumption arises, such presumption is itself evidence. (Grantham v. Ordway, 758.) 15. Conflict Of Evidence.--A presumption, even if disputable, will raise a conflict which is sufficient to support a finding made in accordance therewith, even though there be evidence to the contrary. Whether a presumption has been controverted is a question of fact (Id.) See Account Stated, 6, 8; Appeal, 30; Brokers, 8; Community Property; Contracts, 24, 25, 28, 34; Corporations, 8, 10, 14, 15; Criminal Law, 1-3, 5, 12-14, 24-26, 28; Divorce, 19-24, 26-28; Fraternal Insurance, 1, 2; Fraudulent Conveyances, 4; Guaranty, 1; Life Insurance, 1-3; Malicious Prosecution, 1-3; Mechanics' Liens, 3, 6, 15, 18, 20, 24; Negligence, 2-5, 6, 9, 10, 12, 15, 16, 24-26, 28, 29, 31-33; Partnership, 1, 2;, Quieting Title, 8; Receivers, 2; Riparian Owners, 2; Street Law, 2; Title; Trial. EXCEPTIONS. See Appeal, 21. EXECUTION. See Divorce, 25; Mandamus; Prohibition. EXECUTION SALES. 1. Sale Of Property--Third Party Claims--Duty Of Sheriff To Adjudicate.--It is not incumbent on the sheriff as a legal duty to settle any, disputes which, after a sale on execution and the delivery by him to the purchasers of a certificate of sale, might arise between such purchasers and third parties as to the right to the possession of the property. (Dreisbach v. Braden, 407.) 2. Bulky Property--Symbolical Delivery Where...


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Product Details
  • ISBN-13: 9781235758560
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 338
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1235758567
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 603 gr

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