A Treatise on New Trial and Appellate Practice: Presenting and Illustrating the Laws and Rules of Practice in Proceedings Subsequent to Decisions by Trial Courts, Including Final Disposition in Appellate Court, with Special Reference to the Code and Statutes of California, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming, and the Territories of Arizona and New Mexico, Τόμος 1

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Bancroft-Whitney, 1903 - 1754 σελίδες
 

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CHAPTER
28
JURISDICTION
32
CHAPTEE
43
CHAPTER 22
44
IRREGULARITY IN THE PROCEEDINGS OF THE COURT JURY
45
APPEALS IN CRIMINAL CASES
46
WAS PREVENTED FROM HAVING A FAIR TRIAL
56
With reference to the time and place of holding courts I 39 With reference to the disqualification of judges 40 With reference to the order of trial 4...
58
ti6O When respondent estopped from asking a dismissalAnd
92
How far considered
103
IRREGULARITY OF THE JURY 63 Of the right to jury trial in general 5 64 Comparison of statutory and commonlaw challenges 65 Application a...
104
Succession in office
107
Distinction between changing remedy and changing cause
109
Where refusal to continue is not merely abuse of discretion but error
126
Same subjectIssue not joined
127
Grounds forAbsence of partyStatute
128
Grounds forAbsence of partyBusiness engagement
129
Grounds forAbsence of counsel
130
Absence of counsel as member of legislature
131
Change of counsel
132
Grounds forAbsence of witnessRequisites of affidavit Generally
133
Grounds forAbsence of witnessRequisites of affidavit
134
CHAPTER 6
139
Diligence required
177
CHAPTER 8
208
MISCONDUCT OF THE JURY I SCOPE AND GENERAL VIEW OF SUBJECT II SEPARATION OF JURY III CARRYING ON INDEPENDENT IN...
240
The point of disqualification from drink difficult to des
241
Same rule applied in cases of special findings by jury
242
CHAPTER 10
247
SameStatutory provisions
266
Independent inspection of articles in evidence
272
Documents and writings from outside sources
280
16S Oral statements by jurors to fellowjurorsGeneral view
288
Disclosing secrets of juryroom
295
ACCIDENT OR SURPRISE
307
Scope and difficulties of the subject
340
Uses of statements
365
Waiver of notice of intention or of the motionWaiver of defects
375
Amendment of notice
376
CHAPTER 12
389
CHAPTER 13
397
The varied expressions of the courts
407
In criminal cases
414
When to be filed
426
Brevity and conciseness commended
432
When action of court pertaining to amendments to be speci
438
Effect of inserting notice in statement or bill 442 Authentication
442
Duty of court to settleNot merely to sign
443
Proposal of skeleton statement permissible
444
CHAPTER 14
445
Extensive powers of trial courts over engrossment and amend ment
446
Engrossment
447
Service
448
Extension of timeBy stipulation
449
Extension of timeBy order of court
450
Relief on motion from failure to serve or obtain extension
451
Proposal of amendments herein of waiver of service
452
Bringing on settlementNotice of time and place of settle ment
453
Proceedings before judge or referee at settlementWaiver of neglect
455
Proceedings before judge or referee at settlementObjections excuses and explanationsHow made to appear
456
Mandate to compel settlement
457
Proving exceptions before supreme court
458
Effect of statutory changes
459
Incorporation of affidavits and exhibits in bills of exceptions
460
Connected use of affidavits statements bills of exceptions and other files and records
461
fied as error
463
CHAPTER 15
469
General viewStatutory provisions
479
Rule that appeal lies only from final judgmentWhat con stitutes
480
As to what constitutes finality for purposes of appealInter locutory decrees distinguished
482
Appeal lies though further order pertaining to enforcement
483
necessary 484 How finality affected by order granting new trial as to some and denying it as to others
484
Whether entry essential to finalityRendition and entry dis tinguished
485
Right of party with respect to entry of judgment
486
Essentials of judgment
487
Judgments distinguished from orders
488
Appeals lie from certain interlocutory decrees
489
Appeal lies from void judgment
490
Appeal lies from vague and informal judgment
491
Appeal lies from default judgment
492
Appeal lies from part of judgment
493
Exception to ruleWhen general objection sufficient
504
Effect of postponing objection and taking under advisement 290 Error in ruling on offer to make proofEvidence not actually offered
510
Offer of evidence en masse proper practice
511
Deposition not to be segregated and read in parts
515
Judgment or order for the payment of a debt or claim
516
Statutory provisionsGeneral rule as to parties applicable
522
Suggestion of test for determining who proper parties appel lant
523
Joinder on appeal a subject of but little importance
524
Further as to meaning of party aggrieved
525
Same subjectParties holding fiduciary relation
526
Further as to meaning of party aggrievedRule when judg ment shows no interest
527
Right of party recovering judgment to appeal
528
Transfer of interest as affecting right of appeal
529
Appeals by persons not original parties to action
530
Parties respondent CHAPTER 29
531
CHAPTER 16
532
Form and requisites of notice
534
Signature to noticeHerein as to authority of attorney
535
On whom notice to be served
536
Meaning of adverse party as used in statutes
537
Further as to adverse partyFailure to appearFictitious parties
538
Filing the notice
539
When notice may be served
540
How notice served 542 Same subjectWhen service upon party individually sufficient
542
Rule that each prescribed step in process of appealing is ju risdictional
543
Purpose and meaning ofRelation to stay bond
544
As to what constitutes sufficient execution
550
Undertaking on appeal and stay bond distinguishedCases
556
Stay of waste in connection with possessory actionsFore
563
Statutory provisions and their effect
576
Verdicts in equity cases
582
When findings implied under present system
589
Ultimate rather than probative facts should be found
595
CHAPTER 17
597
Findings must not be contradictory
601
Compulsory or involuntary nonsuitGeneral rule
603
Same subjectAmendment of 1897 to section 475 of the Cali
607
Variance in actions ex contractu
609
DIVISION 2
625
The statutory designation of essential record on appeal
627
Who should be served with notice
631
CHAPTER 27
637
CHAPTEE 39
646
SameNotice of decision
648
G52 Loss of interest by appellant as groundWaiver cf right
652
Extension of time to give notice of intentionBy stipulation
658
Same subjectConstruction of stipulations
661
Hearing and disposal of motionUse of affidavits
667
SameMust be properly signed
668
Court may consider matters not alluded to in argument
673
Objection to sufficiency of noticeHow and where to be made
674
When rule not applicableReview of evidence when mistake
679
HEARING AND DISPOSAL OF MOTION S 378 Meaning of and necessity for hearing 379 Remedies for denial of right to be heard 380 Respectiv...
684
40 Limiting consideration of counteraffidavits on question
685
Generally as to power over judgments and orders appealed
711
Certifying result of appeal to lower courtRemittitur
733
How takenEffect of appeal
745
Proceedings subsequent to final order in superior court
751
Mere errors and irregularities no ground for equitable relief
753
The jurisdiction purely equitable and the suit an indirect at tack upon the judgment
754
Party seeking the relief must show diligenceHerein of laches
755
When a meritorious cause of action or defense must be shown
756
Must appear that party seeking relief would be benefited by a reexamination
757
Must offer to do equity
758
Rule that no relief granted upon grounds available in original suit
759
Remedy by motion or otherwise in court where action tried as
760
Concurrent remedies by motion and suit in equity further con sidered
761
No jurisdiction as to judgments fixing status of persons or property
762
Fraud as ground for relief 764 Further as to meaning of extrinsic fraud
764
Fraud consisting of unauthorized appearance of attorney
765
Mistake as ground for relief
766
Accident and surprise as ground for relief
767
Loss of bill of exceptions
768
Relief against void judgments
769
Further as to relief where no jurisdiction of the person
770
Relief granted for matters occurring after judgment
771
Bills of review
772
Parties to the action
773
Allegations must be specific
774
EFFECT OF PROCEEDING ON STATUS OF PARTIES AND UPON
778
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Δημοφιλή αποσπάσματα

Σελίδα 102 - The right of trial by jury shall be secured to all, and remain inviolate ; but in civil actions three-fourths of the jury may render a verdict.
Σελίδα 599 - No variance between the allegations, in a pleading, and the proof, is to be deemed material, unless it has actually misled the adverse party, to his prejudice, in maintaining his action or defense upon the merits.
Σελίδα 599 - Where the variance is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Σελίδα 178 - By another section (196) it is provided that " the court may, before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party or a mistake in any other respect...
Σελίδα 63 - ... an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code.
Σελίδα 24 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Σελίδα 448 - ... no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals...
Σελίδα 657 - A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referees.
Σελίδα 771 - ... ruling is made a part of the record by a bill of exceptions, or by a statement on appeal.
Σελίδα 743 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.

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