The Code of Civil Procedure of the State of California, Τόμος 1

Εξώφυλλο
H.S. Crocker, 1872
 

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CHAPTER IV
52
OF THE DISTRICT COURTS Section 54 Judicial districts
53
The answer 354
62
Terms of Court in the First District
64
Fifth District
65
Eighth District
66
Tenth District
67
Thirteenth District
68
Fifteenth District
69
Terms of the District Court where held
71
CHAPTER VI
88
CHAPTER VII
98
Section 11C Territorial extent of civil jurisdiction
106
PARTICULAR PROVISIONS RESPECTING THE PLACES OP HOLDING THE COURTS
111
CHAPTER I
114
Powers of Justices of Supreme Court at chambers
116
TITLE III
123
ARTICLE III
128
Jury to be drawn upon the order of the Judge
130
TITLE IV
139
CHAPTER II
140
Compensation
141
TITLE V
142
Qualifications
143
Oath
144
Roll of attorneys
145
General duties
147
Authority of attorney
152
Change of attorney
153
Notice of change
155
Conviction of felony Moral turpitude
156
Proceedings for removal or suspension
157
Answer
158
OF CIVIL ACTIONS
161
When actions by the people or their grantees are to be brought
175
What constitutes adverse possession under claim of title
186
of real property
188
CHAPTER IV
198
Existing causes of action not affected
204
Court when to decide controversy or to order other parties to
205
wrongful act of another
224
Who may be joined as defendants
234
Parties defendant in an action to determine conflicting claims to real property
241
Parties in interest when to be joined When one or more may sue or defend for the whole
242
Plaintiff may sue in one action the different parties to commer cial paper
244
Tenants in common etc may sever in bringing or defending actions
246
Another person may be substituted for the defendant
249
Intervention when it takes place and how made
250
Associates may be sued by name of association
253
TITLE IV
256
TITLE V
267
TITLE VI
313
CHAPTER III
348
When plaintiff may demur to answer
389
Exceptions to rules prescribed by two preceding sections
395
Amendments of course and effect of demurrer
404
rights
416
Attachment 465
417
Affidavit and order to be delivered to the Sheriff and copy to defendant
422
Attorney to give written instructions to Sheriff what to attach
478
Citation to gamihhee to appear before a Court or Judge
480
Inventory how made Party refusing to give memorandum may be compelled to pay costs
482
Perishable property how sold Accounts without suit to be collected
483
If plaintiff obtains judgment how satisfied
484
When suits may be commenced on the undertaking
485
Attachment in what cases it may be released and upon what terms
486
When a motion to discharge attachment may be made and upon what grounds
487
When motion made on affidavit it may be opposed by affidavit
488
Investment of funds
493
Manner of enforcing the order
494
Judgments may bo entered in vacation 71
496
ISSUES THE MODE OF TRIAL AND POSTPONEMENTS
515
Formation of jury
523
ARTICLE III
542
When and how trial by jury may be waived
549
CHAPTER VII
565
CHAPTER VIII
577
TITLE IX
598
When made returnable
599
PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION
639
Disobedience of orders how punished
646
Measure of damages in certain cases under the last section
662
Actions for the partition of real property
669
Abstract of title 686
670
as determined by the Court
677
Judgment not to affect tenants for years to the whole property
678
A lien on an undivided interest of any party is a charge only on the share assigned to such paity
679
Proceeds of sale disposition of
680
Referees may take securities for purchase money
681
Terms of sale must be made known at the time Lots must be sold separately
682
Conveyances must be recorded and will be a bar against parties
683
Duties of the Clerk making investments
684
A guardian may consent to partition without action and exe cute releases
685
Apportionment of counsel fees and expenses
686
When vessels etc are liable Their liabilities constitute liens
692
CHAPTER I
699
GENERAL PROVISIONS RELATING TO JUSTICES COURTS
700
Form of plendings
708
How claim and delivery enforced
715
Trials in Justices Courts
719
admitted unless denied under oath
721
CHAPTER X
727
Dockets of Justices
729
Justices may issue subpoenas and final process to any part
733
CHAPTER I
736
Appeals from District Courts
752
Appeal from judgment of Justices or Police Courts
758
CHAPTER I
763
CHAPTER II
765
A party may demand inspection and copy of a book paper etc
766
CHAPTER VI
778
ment
788
When plaintiff is a nonresident or foreign corporation de fendant may require security for costs
789
If such security be not given the action may be dismissed
790
CHAPTER VII
791
Proceedings on offer of the defendant to compromise after suit
792
Actions against a Sheriff for official acts
793
People of State not required to give bonds when State is n party
794

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Δημοφιλή αποσπάσματα

Σελίδα 232 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Σελίδα 37 - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Σελίδα 40 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Σελίδα 574 - 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 Excessive damages, appearing to have been given under the influence of passion or prejudice; 6.
Σελίδα 252 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
Σελίδα 248 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the Court...
Σελίδα 240 - Of the parties to the action those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one who should have been joined as a plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Σελίδα 541 - In every action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases, the court may direct the jury to find a special verdict in writing, upon all or any of the issues ; and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Σελίδα 739 - ... during the possession of such property by the appellant, he will not commit or suffer to be committed any waste thereon...
Σελίδα 536 - The verdict of a jury is either general or special. A general verdict, is that by which they pronounce generally upon all or any of the issues either in favor of the plaintiff or defendant. A special verdict is that "by which the jury find the facts only, leaving the judgment to the court.

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