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THE

CIVIL PRACTICE ACT

OF THE

STATE OF CALIFORNIA,

AS A MEXDED, WITH

NOTES AND REFERENCES,

AND

AN APPENDIX

CONTAINING

THE ACT CONCERNING COURTS OF JUSTICE; THE ACT CONCERNING
FORCIBLE ENTRIES AND UNLAWFUL DETAINERS; THE
INSOLVENT ACT, AND THE RULES OF THE

SUPREME COURT.

EDITED BY

CHARLES II. PARKER, Esq.

ATTORNEY AT LAW.

SAN FRANCISCO:
H. H. BANCROFT AND COMPANY.

18 6 3.

ENTERED according to Act of Congress, in the Year of our Lord 1863, by

H. H. BANCROFT AND COMPANY, In the Clerk's Office of the District Court of the United States, in and for the Northern

District of the State of California.

L7263
MAR 7 1933

TOWNE & BACON, PRINTERS,

EXCELSIOR OYPICE, 536 Clay Street, San Francisco.

PREFACE.

The desire of the Editor of the present edition of the Practice Act has been, not only to collate the various decisions bearing upon and construing the different sections of the Act, but to classify them in such a manner as to facilitate reference to them by the practitioner.

The general plan attempted to be followed is much the same as that pursued in Howard's and in Voorhies' editions of the New York Code. Where the provisions of our own Act are similar to those of the Code, the number of the corresponding section has been given. It is hoped that this will be found useful in consulting the decisions of that State relating to practice. The more important New York decisions rendered since the publication of the works of Howard and Voorhies, have been added under the appropriate sections.

Throughout the work those sections which are referred to in TITLE XVI, and made applicable to Justices' Courts, are marked “J. P.”

As it is not always easy to draw definitely the line between what is law relating to practice purely, and that which pertains to the higher and more universal principles of jurisprudence, the Editor has preferred to be found rather too liberal than too strict in his annotations; for this reason it is not improbable that much matter will be found in this edition, which would have been omitted by others. But when it is considered that the design has been, as much as possible, to render the present work available for the whole profession as a book of ready reference, this will hardly be considered a serious objection, although adding somewhat to the size of the volume.

Errors, typographical and other, are to be found in all books. This will undoubtedly prove no exception. A few of the most important which have been discovered are noted. SAN FRANCISCO, 10th February, 1863.

C. H. P.

TERMS OF THE COURTS OF RECORD IN THIS STATE.

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Mono,...

Alameda,......13 3d Monday in July, Nov. and March....... ..1 Mon. July, Oct. & Jan.; 3 Mon. Ap. See County Court............ See County Court............
Amador, 16 1st Monday in Feb., June, August and Noy..

3d Mon. Jan., Mar., May, July, Sept. See County Court....
Buena Vista, .. 13 Attached to Tulare County)................

and Nov.]. . (Sept. and 4th Mon. Nov.l. ..............(July and Oct...........(Aug.; 2 Mon. Dec.
Butte, .........5 1st Monday in March, July and Nov....

1st Mon. Marcli and Jone; 2d Mon. 2d Mon. Feb.; 38 Mon. Apr., 4 Mon. Feb.'and May; 3 Mon.
Calaveras,..... 16 1st Monday in January, April, July and October....... 1st Mon. Ja... April, July & Oct.... See County Cout............ See ('ounty Court............

'''''
Colusa,........ 15 2d Monday in January; let Mond. May and Sept..... 2d Mon. Jal., Mar., May, July, Sept. 2d Mon. Mar.. July and Nov. See ('ounty Court...........
Contra Costa, 4 1st Tuesday after 3d Monday in Jan., May and Sept. ... 8 Mon. May; 1 M Aug Nov. & Feb. See County Court...........
Del Norte,..... 8 Ist Monday in May, August and Noy......

...1 Mon. Apr.; 3 M. July & Oct........ See County Court......
El Dorado,.... 11 2d Monday in Feb. and May; 3d Mond. Aug. and Noy 1st Mon. Jan., May and Sept. ....... 1st Mon. Mar., July and Nov.,
Frezno,... 13 1st Monday in March, July and Nov....

....(and Dec 1 Mon. Fel., May, July, No
Humbol
8 Ist Monday in March, June and Sept...

.. 2d Mon. Feb., April, June, Aug., Oct. See County Court............ See County Court..... Klamath, ..8 1st Monday in April, July and Oct......

.....(June, Aug. and Oct. See County Court ..... See County Court ........... Lake,... . 720 Monday in April; 1st Monday Dec .....

1 Mon. Feb., May, Aug. and Nov. ... See County Court.[Sep. Nov. See County Court ........... Los An 3d Monday in March, July and Noy....

. 2d Mon. Feb. and 31 Mon. April, 4 Mon. Feb., 1 M. May, July,...
Marin,..
... 7 1st Monday in March, July and Nov......

.. 1st Mon. Feb., May, Aug and Nov... See County Court............. See County Court............
Mariposa,... 18 34 Monday in March, July and Nov......

..........[Dec.

. Mendocino,.... .7 3d Monday in March, July and Nov...

1st Mon. Mar., June, Sept. and Dec.. See County Court. ...... ... 3 Mon. Mar., June, Sept. and
Merced,........
13 4th Monday in January, May and Sept.....

. 1 M. Jan. Mar. May, Jul. Sep.
16 1st Monday in May, and Sept...

Ist Mon. Jan., May and Sept........ See County ('ourt ......... See County Court...[& Nov.
Monterey, ..... 32d Monday in December, April and August. . .. See Court of Sessions.......

See ('ourt of Sessions.........
Napa,.....
7 1st Monday in February, June and Oct...

... 2d Mon Mar., July, and 1 Mon. Nov. 1st Mon. Apr., Sept. and Dec. 3d Mon. Mar., July, 2d Mon. Nevada,.. 4 Ist Monday in Feb., Apr., June, Aug., Oct. and Dec. 1st Mon. Jan., May and Sept... 1st Mon. Mar., July and Nov.

........... (Nov.
Placer, ...
20 Monday in Jan., April, July 3d Mond. Oct...... 2d Mon, Sep., 4 Mon. Jan. and ay. See County Court......

..............
Plumas, .... 2d Monday in April, July, Oct. and Jan....... .. 1st Mon. Jan., May and Sept.... ....See County Court......
Sacramento,... 6 1st Monday in Feb. Apr., June, Aug., Oct. and Dec. . lst Mon, Jav., April, June & Sept... See County Court...
S. Bernardino, 13d Monday in Feb., June and Oct..................... 1st Mon. Jan., Mar., May, July, Sep Ist Mon, Feb., June and Oct...............................
San Diego, ... 12d Monday in Jan., May and Sept............

.........and Nov.
4 1st Monday in Feb., Apr., June, Aug., Oct. and Dec...

... 3d Mon. Jan., Mar., May, Ju-
S. Francisco, 3 12 1st Monday in Jan., Mar.. May, July, Sept. and Nov..::

................ ly, Sept. and Nov.......
San Joaquin,' 5 1st Monday in Jan., April, August and Dec. ... 1st Mon. Feb. and Oct.; 2 Mon. May. See County Court.......[Dec...
S. L. Obispo, .. 12 2d Monday in Jan., April, July and Oct...... . 30 Mon. Mar., June, Sept. and Dec.. 4th Mon. Mar., June, Sept. & 3d Wednesday each month..
San Mateo..... 12 3d Monday in Feb , June and October......

Ist Mon. Feb., June and October..... See County Court...... .... Tues, after County Court....
Santa Barbara, 2 1st Monday in March, June, Sept. and Dec..

1st Mon. Feb., May, Aug. & Nov..... 2d Mon. Feb., May, Aug. aud 3d Wednesday each month..
Santa Clara,... 3 1st Monday in May, Sept. and Jan......

.... Ist Mon Feb. June and Oct..... See County Court......Noy. See County Court............
Santa Cruz, 38d Monday in April, August and Dec..

... 4th Mon. March, July and Nov... See County Court..
Shasta,..... 92d Monday in March, June and Nov..........

list Mon. Jan., May and Sept........ See County Court.................
17 1st Mond. Mar.; 2d Mon. May and Aug.; 1 Mon. Nov. 1st Mon. April, Aug., Oct. and Dec.. See County Court............ See County Court. .........
Sierra,.....

9 30 Monday in Jan.; 1st Mon. May and 3d Mon Sept. 1 Mon. Jan., Apr., Oct.; 3 Mon. July See (ounty Court............ See County Court............
Siskiyou,..
Solano,.....
73d Monday in April, August and Sept......

3d Mon. April, Aug. and Dec. ....... See County Court...... [Nov....
Sonoma, ..
73d Monday in Feb., June and Oct..........

1st Mon. Feb., May. Ang and Nov.. 1st Mon. Feb., May, Aug. and See County Court............
Stanislaus,...
13 1st Monday in Feb., Ju
in Feb., June and Oct...

3 Mon.Jan. Mar. May, July, Sep. Nov 3 Mon. Feb., Ap., June, Aug.
.. 10 20 Monday in March, June, Sept. and Dec..

1st Mon. Mar., June, Sept. and Dec. ................(Oct. and Dec.
Tehama, ..
15 1st Monday in Feb., June and Oct...

1st Mon. April, Aug. and Dec. ....... See County Court...........
Trinit ... 92d Monday in April, August and Dec.......

1...................................... 120 Jon. Feb., May, Aug, and
.. 13 1st Monday in Mareh, July and Nov.........
Tuolumne....... 5 1st Monday in March, July and Nov......

. 1st Mon. Jan., May and Sept... (Sept.See County Court.......... 63d Monday in March; 2d Mon. Aug.; 3d Mond. Des.. 1st Mon.Jan.; 3 Mon. May & 1 Mon. Ist Mon. Apr., July and Dec. 2 Mon Jan. Mar. 4 Mon. May Yolo,..

.... 10'3d Monday in Jan., April, July and Oct............... 1st Mon. Jan., April, July and Oct. . 3 Mo. Feb., May, Aug. & Nov. 12 Mon.July, Sep. 4 Mon. Nov Yuba, ........

.

.

.......(Nov.

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CONTENTS.

TO REGULATE PROCEEDINGS IN THE COURTS OF JUSTICE OF

THIS STATE, AND OTIIER STATUTES.

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