California.

The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

. (page 151 of 156)
Online LibraryCaliforniaThe codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) → online text (page 151 of 156)
Font size
QR-code for this ebook


foreclosure of, how made, 2967.
form of, 2956.
levy upon mortgaged property, 2968.

limitations on right of levy, 2969.
may la^e. recorded, 2963.

may be taken by mortgagee as a pledge, when, 2966.
mortgage of ships, void as to third persons, when, 2958.
mortgaged property may be levied upon, 2968.
property exempt from mortgage, when, 2965.
recordation

certified copy may be recorded when, 2964.

in different places, 2962.

of common carrier, 2961.

personal mortgage may be recorded, 2963.

where property in transit, 2960.

where to be made, 2959.
ships, certain sections not applicable to, 2971.
validity of, certain, 2973.
void as to third persons, when, 2957.
where recorded, 2959.

in different places, 2962.

of common carrier, 2961.

where property in transit, 2960.
MORTGAGE OF REAL PROPERTY

as to what interest may be mortgaged, 2947.
defeasance, must be recorded, 2950.
form of mortgage, 2948.
may be recorded, 2952.
MORTGAGE OF SEPARATE ESTATE OF MARRIED ^VOMAN

acknowledgment of. See tit. Grant by Married ^Vonlan,
MORTGAGED PROPERTY. See tit. Homestead.
MORTGAGEE

assignment of to thing insured, effect of, 2541.
MOTHER. See tit. Parent and Cliild.

apprenticeship, consent to. See tit. Ma.ster and Apprentice.
custody of child, consent of necessary to transfer of, 197.
illegitimate cliild

consent to adoption of, 224.

entitled to custody of, 200.

succeeds to property of, 1388.
MOTORCYCLES

franchise to construct road for, 524.
MOTIVE PO^VER OF STREET RAILROADS. See tit. Propelling:
Po'»ver.

1866



«



INDEX.
[References are to sections.]

HIULTIPLICITY OF SUITS

prevented by injunction, 3422.
MUNICIPAL, CONTRACTS. See tits. Contracts: Miiiii.ipnl Cor-
poration.
MUNICIPAL, CORPORATION

distinction between public and private corporations, 284.

Injunction to prevent legislative act of, 3423.

water company, contract with, 548-552.

will, may take under, when,- 1275.
MUNICIPAL, ORDINANCE. See tit. IVIojirjiidi ami Teleplione

Corporation.s.
MURDERER

of decedent cannot succeed, 1409.
MUTUAL, BENEFIT AND LIFE ASSOCIATIONS

assessments, right to levy, 453.

filing articles of incorporation, 452a.

formation of, 452a.

levying of assessment, 453.

by-laws which may be made regarding, 453.

loaning funds and purchasing real estate, 453.

what articles must show, 452a.
MUTUAL BENEFIT SOCIETY. See tit. ReIiKiou.s. Social. aii«l

Benevolent Coriior:i(iou.
(MUTUAL BUILDING AND LOA.X ASSOCIATION. See tit. Land

and Building CorporsitionN.
MUTUALITY

of consent in contract, 1580.

of intent, must be given in interpretation. 1635.
MUTUAL LIFE, HEALTH, AND ACCIDENT 1NSUR.\NCE COR-
PORATIONS

alteration of number of directors, 443.

associations and secret orders not insurance corporations. 451.

benevolent or fraternal co-operative societies are. 451.

by-laws may prescribe limitation of stock held. 445.
fixed, deficiencies in, 439.

commission allowed, 441.

commission and interest allowed, 441.

declaration of fi.xed capital stock to be tiled. 4 411.

directors, number of, how altered, 443.

dividends, how made, 456.

filing of declaration of fixed cajiital stock. 440.

guarantee fund of, 437.

guaranty notes and interest, 441.

insured entitled to vote,* when, 442.

interest allowed, 441.

investment of capital stock, 421, 421 [a], 444.

1867



INDEX.

[References are to sections.]

MUTUAL LIFE, HEALTH, AND ACCIDENT INSURANCE COR-
PORATIONS (continued),
issued within the state, 450.

penalty for failure to comply with statute, 450.
proof of death within a year, 450.
limitations as to holding of stock, etc., 445.
preniiiini.s

agreements in policies as to, 446.
how payable, 446.
subscription may be rejected, 437.
to furnish data to insurance commissioner, 447.

retaliatory clause, 449.
vote, insured entitled to, when, 442.
NAME

certificate of, of partnership, 2469.
change of, conveyance made, how, 1096.
child adopted, taken by, 228.
error in, of corporation, 357.
fictitious, of partnership, 2466-2471.
of corporation, to be stated in amended articles, 289.
of partnership, as notice of dissolution, 2454.
partnership under fictitious, 2466-2471.
NAVIGATION

rules of. See tit. Rules of Navigation.
NE3CESS ARIES. See tits. Husband and AVife; Infant; Necessaries
for Infants.
husband's liability for, 174.
infant, contract for by, not disaffirmable, 36.
lunatic's liability for, 38.

parent not liable for, furnished child, when, 208.
promise by child to paj' for those furnished parent, 206.
third person may furnish to child, when, 208.
NECESSARIES FOR INFANT

contract for by infant, cannot disaffirm, 36.
NEGLIGENCE. See tit. Obligations Imposed by L.aw.
agent's, principal liable for, when, 2338.

apprenticeship annulled for. See tit. Master and Apprentice.
borrower to repair injuries, when caused by, 1889.
carrier, not exonerated from, 2175.
degrees of, 16, 17.
depositary, liability of for, 1840.
divorce for neglect. See tit. Divorce.
employee, liability for, 1990.
hirer liable to repair injuries caused by, 1929.
in insurance, as to, 2629. *

insurer, not exonerated by, 2629.
liability of depositary for, 1840.
pilot's, shipmaster liable for, 2384.

1868



INDEX.
[References are to sections.]

NEGLIGENCE (continued).

raises an involuntary trust, wlien, 2224.
shipmaster, liability for, 2383.
wilful, 1714.
NEGOTIABLE CO\'TRACT. See tits. Contracts; Negotiable In-
struments.
NEGOTIABLE INSTRUMENTS

absolute, must be to be valid, 3088.
acceptance

admissions by, 3199.

allonge, 3110.

bill of, 3194.

by refusal to return, 3195.

by separate instrument, 3196.

concealment of acceptance, 3198.

for honor, 3205-3207.

does not excusfe notice, 3207.
how made and enforced, 3205, 3206.
holder entitled to on face of bill, when, 3194.
how made, 3193.
of bill, 3194.

promise to accept equivalent to acceptance, when, 3197.
qualified, effect of, 3195.

sufficiency of, when with another's consent, 3195.
what is admitted by, 3199.

what sufficient with consent of holder, 3195.
acceptance or payment of bill for honor, 3205.
holder bound to, when, 3204.
how enforced, 3206.
how made, 3205.

notice of dishonor not excused by acceptance for honor, 3207.
when may be, 3203.
allonge, 3110.

alternative instrument, 3090.
bank notes, 3261.

bearer, instrument payable to, construction, 3101.
bills, acceptance of, 3193.
attorney fees and costs may bo provided for in, 3088.
bank notes. See tit. Bank Notes.

as to, 3261.
bill

days of grace on note allowed, 3181.
deemed a note, when, 3246.
defined, 3171.
in parts of a set, 3173.
of lading, as to, generally, 2127.
of exchange. See tit. Bills of Exchange.
as to, generally, 3171-3177.
1869



INDEX.
[References are to sections.] ,''

NEGOTIABLE INSTRUMENTS
bill (continued).

set, to be in a, 3174.

must be in a, when, 3174.
blank indorser's liability, 3125.
bonds. See tit. Bonds.
are negotiable, 3095.
cancelation of acceptance, 3198.
carrier'

liability for loss of, 2177.
liability toward, 2201.
classes of, enumerated, 3095. ^

collection agent's duties, as to, 2021. ^

consideration, effect of want of, 3131. y

contents of, as to, 3093.

damages for dishonor. See tit. '"dishonor of."
certificate of stock. See tit. Certificate of Stock.
certificates of deposit. See tit. Certilicji«e.s of IJcposlt.
as to, 3261.

is a, 3095. ,,

checks. See tit. Cheeks. J-

definition of, 3254.
consitleration

presumption of, 3104.
days of grace are not allowed, 3181.
definition of, 3087.

demand, effect of want of on principal debtor, 3130.
different classes of, 3095.
disbonor of

additional time for by indorsee, 3150.
after indorser's death, 3145.
definition, 3141.

effect of notice of dishonor, 3151.
execution or prevention of notice, 3155.

delay, when excused, 3158. v

waiver of presentment and notice, 3159.
waiver of protest

when excused, 3155, 3156.
form of notice, 3143.
how given by agent, 3149.
how served, 3144.

given in ignorance of death, valid when, 3146.
notice of, 3142.

by whom to be given, 3142.
to be given, when, 3147.
when to be mailed, 3148.

1870



INDEX.
[References are to sections.]

NEGOTIABLE INSTRUMENTS (continued).
date

any may be inserted, 3094.

may be inserted by maker, 3094.

nominal, as to, 3094.

not essential, 3091.
days of grace. See tit. Days of Grace.
death of maker on nominal date, effect of, 3094.
destruction of, effect of by indorser, 3115.
dishonoi*

of bill payable after sight, presumption of, when, 3133.

of foreig-n bill, damages for, as to, 3234-3238.

what is, 3141.
drawee, in case of need, 3172.
drawer, rights and obligations of, 3177.
effect of want of demand on principal debtor, 3130.
excuse of presentment and notice in bill. See tits. Blll.s; F'or-

eign Bills.
extinction of. See tit. Extinction of Oblisation.<4.

by payment, 3164.

when extinguished, 3164.
fictitious payee, 3103.

foreign bills. See tits. Bills; Foreign Bill.s.
guaranty

as to collectibility of, 2800-2802.

original, what is, 2794.
incapacity of maker at time of nominal date, effect of, 3094.
indorse. See tit. Indorsement.

as to agreement of, 3112.
indorsee

in due course, who is, 3122.
rights of, 3124.

of check, after maturity, 3255.

privy to contract, 3120.

rights of those of guarantor, 3120.
indorsement. See tit. Indorsement.

as to, 3108.
indorser

destruction by, 3115.

implied warranty by, 3116.

liability of, generally, 3116.

liability of payee, when, 3117.
inland bill, definition of, 3238.

interest, to be on amount of protested bill. 3236.
kinds of, enumerated, 3095.

1871



INDEX.
[References are to sections.]

NEGOTIABLE INSTRUMENTS (continued).
maturity

apparent, as to, 3132.

of bill payable at sight, 3134.
of note, 3135, 3136.
may be an alternative, 3090.
may contain a pledge, etc., 3092.
money, payment in must be provided for, 3088.
must be for unconditional payment of money, 3088.
must be payable in money, 3088.
must contain, what, 3093.
must not contain any contract, 3093.
nominal date of, 3094.
note

applicability of code provisions to, 3247.
definition of, 3244.
notice

delay in presenting, 3248.
effect of giving, 3151.
notice excused, when, 3155, 3156, 3220.
as to generally, 3155, 3156, 3220.
given in ignorance of di-ath of indorser, 3146.
how served, 3144.

after death of Indorser, 3145.
inures to benefit of others, 3151.
not excused by acceptance for honor, 3207.
of diHlionor of

additional time for, 3150.
by agent, 3149.
by subagent, 3149.
delay excused, when, 3150.
served, how, 3144.
time of mailing, 3148.
time of serving, 3147.
waived, how, 3155.
waiver of, as to, 3159.
who may give, 3142.
how construed, 3155.
parties may waive provisions of code, 3268.
partner, liquidating firm, powers as to, 2461.
parties, waiver of code provision by, 3268.
to order, how construed, 3101.
where bill is, 3176.
payee

fictitious, 3103.

must be ascertainable, 3089.

who is, 3089.

1872



INDEX.

[References are to sections.]

NEGOTIABLE INSTRUMENTS (continued).
payment

extinguishes obligation, 3164.

for honor, 3203.

declaration of, 3233.

instrument to be surrendered, exception, 3137.

of part of bill in sets, 3173.

place of, not specified, 3100.

surrender of instrument may be made condition of, 3137.

time of, not specified, 3099.

time or place of, designation not necessary, 3091.

to excuse or order, how construed, 3101.
place of payment, 3099.

not specified, 3100.
pledge of

as to collateral, 3092.

of collateral, may be contained in, 3092.
presentation for payment, 3130, 3131.

apparent maturity, 3132.

of bill payable at sight, 3133.
of note, 3135.

dishonor of bill, presumptive, 3133.

how made, 3131.

indorsement after maturity, demand of payment, 3135.
after sight or demand, 3136.

surrender of instrument as condition of payment, 3137.

maturity apparent, 3132.

maturity of bill payable at sight, 3134.
presentment of bill for acceptance, 3185.

how made, 3186.

to joint drawers, 3187.

when must be made, 3189.

when to be made to drawee in case of need. 3188.
presentment of bill for payment. See tit. Bills.

of bill payable at a particular company's, 3212.

of delay in, in certain cases, 3213.
in other cases, 3214.

when not accepted, where to be made, 3211.

presumptive dishonor of bill payable after sight, 3133.
promissory notes. See tit. Promissory Xote.

definition of, 3244.
protest

bill, form necessary, 3225.

by whom to be made, 3226.

how made, 3227.

notice to be given, how, 3231.

time of making, 3229.

1873



INDEX.
[References are to sections.]

NEGOTIABLE INSTRUMENTS
protest (continued),
waiver of, 3159, 3232.
when excused, 3230.
where made, 3228.
surrender of instrument a condition of payment, 3137.
time of payment, 3099.
to what title is applicable, 3086.
uncon4itional, instrument must be, 3088.
unindorsed note, when negotiable, 3102.
waiver of code provisions, 3268.
wareli.ouse receipt, is, when, 1858f.
what instrument must contain, 3093.
NEGROKS OR MILATTOBS

marriage with whites void. See tit. MMrrisige.
as to generally, 60.
NEUTER GENDER

included in masculine, 14.
NEUTRAL PAPERS

in marine insurance, implied warranty of, 2688.
NEWSPAPER PUBLICATIONS. See tit. Privileged Publication.
NIECES. See tit. Nephews.
NOMINAL DAMAGES. See tit. Damages.
NON-NEGOTIABLE INSTRUMENT

transferability, 1459.
NON-PROFIT CO-OPERATIVE. ETC., ASSOCIATIONS. See tit.

Co-operative Agricultural, etc., AsHOciatiouN.
NON-PROFIT CO-OPERATIVE CORPORATIONS. See tit. Co-
operative Corporations.
NON-RESIDENT

adoption proceedings by, 224, 226.

alien inheriting, claim of to be made, when, 672.

assignment for creditors. See tit. Assignment for Benefit of

Creditors.
transfer of stock by. See tit. Stock, Transfer of.
as to, generally, 326.
"NORTH." See tit. Deeds.
NOTARY PUBLIC

acknowledgment may be taken by, 1181, 1182.
in the state, 1181.
out of the state, 1182.
out of the United States, 1183.
bill of exchange, payable at office of, when, 3176.
presented by, when, 3226.
presented to, when, 3188.
making protest, must give notice, how, 3229.
offer of performance to, 1487.
protest by, how made, 3226.

1874



i



INDEX.
[References are to sections.]

NOTE. See tit. Negotiable Instrument.

NOTICE. See tits. Actual Notice; Constructive Notice.

abandonment of ship to insurer, 2730.
abatement of nuisance for, 3503.

action, not necessary before but actual, what is, 18.
actual or constructive. IS.
adverse claim, to deposit, 1825.
agent to, is notice to principal, when. 2332.
appropriation, of water, as to, 1415, 1416.
assessment, of stock, 335-341.

by carrier where freight not delivered. See tit. Carrier of
Property.

as to, 2120.
carrier, necessary to in stoppage in transitu, 3079.
change of name, as to, and sufficiency of, 2454.
change of place of business by corporation, notice on, 321a.
consolidation, of mining corporations, as to. 587a.
constructive. See tit. Con.structive Notice.
delay in, waived how, 2636.

delinquent co-owners of mining claim, to, 1426o.
depositary, must be given by, to real owner, when, 1826, 3079.
directors and stockholders to post, 320.
dishonor of. See tit. Neg-otial»le In.struuients.
duty of gratuitous depositary, termination by, 1835.
either actual or constructive, 18.
ejectment without, 793.
election of directors, 302.

filing of inventory of wife's property, as a, 166.
form of, 3143.
freight, of arrival to be given to consignee. 2120.

of storage of, to be given to consignee, 2121.
hirer

of personal property, repair by after. 1957.

of real property, repair by after, 1942.
hiring, may be terminated by, 1946.
innkeeper exempted from, how. See tit. Innkeeper.
inquiry, what sufficient to put one on. See tit. Con.sirin'iU o

Notice.
in quo warranto proceedings against corporation, 315.
instruments, purchaser with, effect, 1228.
insurance, of loss under, 2633.

defects in may be waived, 2635.
lease, change of term of by, 827.

letter of credit, to writer of to be given, when. 2866.
life insurance policy, to be given on transfer of, 2765.
not necessary, when, 793.
of appropriation of waters, 1415, 1416.

1875



i



m

INDEX. .-^

[References are to sections.]

NOTICE (continued).

of assessment of stock. See tit. A»«sessiueiit of Stock.

of dislionor of negotiable instrument, by whom to be given,

3142.
of hearing of petition to sell homestead, 1247.
of meeting of board of directors. See tit. Directors, Board of.
of meeting of corporation, 302. a^

to .remove directors, 310. 5

of partnership dissolution, 2453, 2454, 2509.
of renunciation of profits, effect of, 2417.
of thing found, 1865.
pledge, as to sale of, 3002.

principal, notice to agent is notice to, when, 2332.
purchaser for value without, rights of, 856, 869.
record of conveyance as, 1206.

of assignment of mortgage. See tit. ^iortgage.

of instrument as, 1213.

of intention of re-entry, 791.

of place of delivery, 1756.
record of sale, to depositor, when, 1838.

of selection of alternatives, 1449.
served on tenant to be delivered to landlord, 1949.
stockholder. See tit. Corporations.
tenancy at will. See tit. Tenancy at Will.
tenant to give landlord, when, 1949.
terminates employment, when, 1996, 1997.
to delinquent co-owner, 1426o.
to tenant at will, to quit, 790.
trustee by, of adverse interests, 2233.

unrecorded instrument, not notice to public but void between
parties, 1217.
NOTICE OF LOSS. See tits. Fire InMiirauep; Insurance; Life and

Health Insurance; Aliiriue Insurance.
NOTICE TO aUIT. See tit. Ejectment.

as to, 1946.
NOVATION

a contract, 1532.
as to what is, 1530.
definition of, 1530.
is a contract, 1532.
modes of, 1531.
rescission of, 1533.
NUISANCE
abatement

action not precluded by, 3484.

does not preclude action for damages for, 3484.

not to affect right to damages, 3484.
1876



INDEX.
[References are to sections.]

NUISANCE

abatement (continued).

of private, notice, 3501.
when allowed, 3502.

of public, 3491-3494.
by whom, 3494.
how, 3495.
action for public nuisance, 3494.
definition of, 3479.
indictment for a, 3491, 3492.
information for a, ^3491, 3492.

lapse of time does not legalize public nuisance, 3490.
notice

to abate, 3503.
roots projecting- into soil, 834.
private

abatement of, when allowed, 3502.
notice required, when, 3503.

action, to abate public, 3494.

definition of, 3484.

remedies for, 3501.

what is, 3481.
public

abated how, 3495.

action for, 3494.

definition of, 3480, 3493.

how abated, 3495.

how regulated, 3492.

lapse of time does not legalize, 3490.

private action for, 3493.

regulated how, 3492.

remedies against, 3491, 3493.

time does not legalize, 3490.

what is, 3480.
remedies

for private nuisance, 3501.

for public nuisance, 3493.
successiv^e owners liable for, 3483.
time of existence does not legalize public, 3490.
what not deemed a nuisance, 3482.
NUNCUPATIVE WILL. See tit. VVilLs.
how executed, 1288.
probate of, 1291.
proof of, 1290.

requisites to validity of, 1289.
OATH

definition of, 14.

1877



INDEX.
[References are to sections.]

OATH (continued).

of liomestead appraisers, 1250.

of person solemnizing marriage, administering by, 72.
person taking acknowledgment, administering by, 1201.
OBI^IGATIOIVS. See tits. (oiitrsM-t.s; Extinction of Obligation.s.
accord of. See tit. Accord sunl Satisfaction.
act of God, effect of on. See tit. Act of Goil.
alteration of, effect. See tit. Contracts,
alternatives

as to, 1448.

indivisibility of, 1450.

nvillity of one or more, 1451.

right of selection, 1448.
lost how, 1449.
application of payment. See tit. .\|»i»llcation of I'aymcnt.
apportionment of covenants, 1467.
ariNc

by operation of law, when, 1428.

how, 1428.
as.sumption of, acceptance of benefits implies, 1589.
conditional

as to, generally, 1434.

conditions concurrent, 1437.

conditions precedent, 1436.

performance of conditions when essential, 1439.
what are, 1438.

kinds of, 1435.

performance of concurrent conditions, 1437, 1438.

conditions involving forfeiture, how construed, 1442.

covenants. See tit. Covenants Itiinniiif; with I.and.

created how, 142S.

definition of, 1427.

enforcement of, 1428.

how incurred and enforced, 1428.

impossible or unlawful conditions void, 1441.

interpretation of, general rules as to, 1429.

joint and several, 1430.
apportionment of, 1467.
contribution between joint parties, 1432.
when joint, 1431.

when joint, 1431.

apportionment of, 1467.
extingrolMlinient of

by offer of performance, when, 1485-1492.

by performance, 1473-1479.
forfeiture, how construed, 1442.
imposed by law. See tit. Obliie;ations Im|)o.sed l)y Law.

as to, generally, 1708.

1878



INDEX.
[References are to sections.]

OBLIGATIONS (continued).

infant cannot disaffirm, wlien, 37.
interest, stopped by offer to perform, 1503.
joint aud several

effect of release of one, 1543.
joint, when, 1431.
presumption in favor of, 1431.
several, when, 1431.
law. See tit. Oblija^atioiiM Imposed by La^v.
imposes what, 1708-1717.

operation of, crec^ted and enforced by, 1428.
mistake. See tit. Mtstake.

non-negotiable instrument may be transferred, 1459.
covenants running with land, 1461.
for benefit of property, 1462.
to pay rent, 1463.
what are not, 1466.

what constitutes lease running with land, 1464.
novation. See tit. Novation.
offer of performance and effect of, 1485.
payment. See tit. Payment.

pecuniary extinguislied by tender, when, 1500.
performance of. See tit. Extinction of Obligatlon.s by Per-
formance.
property as to, 1458.

receipt, right to require on performance of, 1511.
refusal to accept performance. See tit. £}xtiug-iiiNhnient «»f

Obligation by Performance.
release extinguishes, 1541.
satisfaction, definition of, 1523.

part performance in, effect of, 1524.
statute of frauds in relation to, 1624.
substitution of new. See tit. Novation.

as to effect of, 1531.
substitution of parties, 1531.
transfer

as to, generally, 1458.

covenants running with land. See tit. Co^enant.s ItiiiiiiinK
v«-ith Land.
as to generally, 1468.
of burden of, 1457.
of non-negotiable instrument, 1459.
of obligations, rights of, 1457, 1458.
of rights arising out of, 1458.
offer of performance, waiver of obligations of, 1501.
unlawful conditions, effect of, 1441.
when performance excused, 1440.
waiver of obligations on offer of performance, 1501.

1879



INDEX.
[References are to sections.]

OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS

agency. See tit. Ageney.

carriage. See tit. Carrlase. ■ i

deposit. See tit. DepoMlt. I

exchange. See tit. ExolianKi'-

guaranty. See tit. Giiarant.v.

liiring. See tit. Hiring;.

indemnity. See lit. Indemnity.

insurance. See tit. Insurnnoc.

lien. See tit. Lien.

loan. See tit. Loan.

negotiable instruments. St-e tit. NcKotinblo In,Htriinn'ii<M,

partnership. See tit. ParlntT.slilp.

sales. See tit. SalcM.

service. See tit. Service.

trust. See tit. Trust.
OBLIGATIONS IMPOSED BV LAW

deceit on the public, 1711.

deceit, what is, 1710.

fraudulent deceit, 1709.

other obligations, 1715.

responsibility for wilful acts, negligence, etc., 1714.

restoration of thing wrongly acquired, 1712.
demand, necessary when, 1713.

to abstain from injury, 1708.
OCCIPANCV

as to title by, 1000, 1006.
OFFER

absolute terms necessary, 1585.

acceptance of, how made, 1582.

of guaranty, 2795.

revoked how, 1587.
when, 1586. •

thing to be kept separate, 1497.

what deemed an, 1584.
OFFER OF PEUFORMANCE. See tit. ExtlgruislniuMit «>f Oblisa-

tiou.
OFFICER

lien of, 3057.

of corporations. See tits. Corporate Powers; Cor|»oration.H.

OFFICERS

joint authority of, constructive, 12.
OLOGK.\PHIC WILL. See tits. Holoi?rapiile Will: Wills.

definition of, 1277.
OMISSION ■*

in wills, 1340.

1880



INDEX.
[References are to sections.]

OPERA-HOUSE. See tit. Theater.

damages for wrong-fully excluding from, 53.
OPINION EVIDENCE. See tit. Wills.
OPPRESSION

avoids contract, 1567-1569.

exemplary damages for, 3294.
interest allowed as damages in case of, 3288.
OPTION

as to delivery, notice to be given of election, 1756.
as to place of performance, 1489.
how waived, 1756. i

injunction to prevent exercise of, not granted, 3423.
of beneficiary, in breach of trust, 2237.

of owner, on confusion of goods, to take value or thing, 1032.
of payee, as to payment, 3090.
of selection between alternatives, 1448-1476.
waived, how, 1756.
OPTIONAL CONTRACTS. See tit. Contract.s.



Online LibraryCaliforniaThe codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) → online text (page 151 of 156)