Code of Law, Practice and Forms: For Justices' and Other Inferior Courts in the Western States, Τόμος 1

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Bender-Moss, 1912 - 1932 σελίδες
 

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Περιεχόμενα

un en conson was son con con con eco con con con con CHAPTER VIII
cxxv
LIABILITY
cxxvi
IN GENERAL
cxxvii
Statement in affidavit in alternative form what effect
cxxix
FORECLOSURE BY SALE
cxxx
CHAPTER I
1
CREATION AND NATURE OF OFFICE 3 Judicial power where vested 4 WashingtonJudicial power where vested 5 ColoradoVesting of judicial p...
3
SUPERIOR COURT PROVISIONS 2413 Defendant to be discharged on bail or depositSuperior court 2414 Bail how givenSuperior court 2415 Sur...
7
PARTIES
8
Number how determined 27 Number in cities and counties 28 Number in cities of first and onehalf second second and onehalf third and fourth clas...
13
Defendant to be discharged when judgment givenIn what cases 3166 OregonJudgment of acquittalDischargeEntry 3167 OregonCertified copy of ju...
16
WashingtonCity prisoners sentenced by justice of peace to work When
17
CHAPTER IV
19
RESIDENCE AND QUALIFICATION 63 Residence and qualifications 64 Qualifications in cities 65 Effect of change of boundaries on residence 6...
29
74 75 76 77 CHAPTER VI
32
mon con son non com CHAPTER VII
33
BOND 85 BondHow fixed 86 BondNumber of sureties 87 BondHow payable 88 BondApproval recording and filing 89 Bond Condition of 90 Bo...
35
UtahMagistrate may admit to bailForm 3309 OregonUndertaking on bailForm 3310 Undertaking on appealBail fixed by magistrateForm 3311 Affi...
41
CHAPTER IX
42
WashingtonBuying demand or promising reward by justice or con stable 148 WashingtonSolemnizing unlawful marriage 149 ColoradoBribery of j...
43
Liability of attorney for gross negligence
48
In what cases defendant may be arrested
58
OregooVacancy how filled
64
CHAPTER X
69
CHAPTER XI
73
Jurisdiction limited 192 Jurisdiction must affirmatively appear 193 Judgment of justice must show jurisdiction 194 What jurisdictional facts must b...
76
Jurisdiction of justices courts
78
OathBefore whom taken
80
OathWhere filed
81
WashingtonTownship justices Oath
82
WashingtonPenalty for entering on duties before taking oath
83
OregonOath of office
84
WHERE TITLE RIGHT TO POSSESSION OR ILLEGALITY OF TAX INVOLVED 225 Jurisdiction involving title 226 SameMining claim 227 A...
87
ARTICLE IV
94
ARTICLE V
96
Criminal jurisdictionJustices courts
98
ARTICLE VII
99
ColoradoCovenant 267 ColoradoJurisdiction in replevin
101
ARTICLE VIII
102
ARTICLE IX
107
PURPOSE OF ATTACHMENT
108
ARTICLE X
110
Nonliability for judicial act 284 Reason for foregoing rule 285 Liability for acting without jurisdiction 286 Liability for acting after jurisdiction de...
111
CHAPTER XIV
113
WashingtonStay of executionManner of procuring 3174 Proceedings on judgment imposing fine 3175 Duty of officer on payment of fine 3176 D...
117
Writ of restitution Form
122
CHAPTER XV
123
ColoradoFailure of justice to deliver docket etc Penalty
125
CHAPTER XVI
133
SamePowers and duties of recorder
134
SameSheriff to be oflicer
138
SameSheriffs deputies 350 SameSuits how entitled
139
SameReturning process 352 SameAuthority of justice 353 SameReassignment of causes
140
Attachment of property standing on the records in the namg
145
Same Compensation 381 SameDisqualification
146
CHAPTER XVII
149
JUSTICES COURTS IN CERTAIN TOWNSHIPS 390 In metropolitan townships 391 Authority of justices 392 Justices clerks 393 Duties of justice...
153
on CHAPTER XIX
156
SameDisabilities 440 SameAuthority of judge 441 SameClerk 442 SameProsecuting attorney 443 SameFines and moneys collected 444 SameOffi...
157
SameSessions 399 SameDepartments 400 SameDistribution of business 401 SameJurisdiction 402 SameJurisdiction 403 SameJurisdiction
158
SamePowers of judges 405 SameCommitting to home for inebriates
159
SameCommitting to industrial school 407 Same Sentencing to labor
160
SameContempt 409 SameClerk and deputies 410 SameOffice hours
161
ColoradoVacancies in precinct officeCounty commissioners appoint
162
VacanciesPowers of board of supervisorsHow limited
163
164 VacanciesPowers of governor
164
SameProceedings of all sessions equally effectual 423 SameRules
165
PROCEEDINGS ON INSANITY
166
Verbal stipulation 3433 Written stipulation not filed 3434 Extent of authority of attorney in conduct of suit 3435 Presumption of authority of attor...
168
NevadaWrit of restitutionForm 2938 WashingtonWrit of restitution in forcible entry and detainer Form
169
DEPOSIT IN COURTSUBSTITUTION OF PARTY DEFEND
171
CHAPTER XX
185
Oath of jury
188
CHAPTER XXII
195
Deposit in exoneration of bail bond 3321 Application of deposit of money on judgment for payment of fine 3322 Exoneration of bail by surrender...
197
COMMENCEMENT OF ACTION 516 Action in justices court how commenced 517 When an action is commenced 518 WashingtonCivil actions h...
199
CHAPTER XXIV
200
Within six months 528 Within six monthsActions against county on rejected claims 529 Actions for relief not otherwise provided for 530 Action o...
203
Money or property deposited 533 Thirty daysActions under local improvement act of 1901
204
Jurisdiction depends on amount claimed not amount
207
Examples of contractual liabilitiesStockholders liability
208
Same Judgment
209
210 Damages for injury to person
210
Damages for taking detaining or injuring personal property
211
Amount prayed forConversion
212
Damages for nuisance
213
JurisdictionSetoff or counterclaim
214
Damages for injury to real property
215
Actions to recover personal property
216
Value of property is test
217
Jurisdiction as to fines and penalties
218
Jurisdiction Assessments of stock
219
Street assessments
220
Actions for taxesAnswer
221
Toll
222
Actions on bonds
223
Judgments by confession
224
CROSSCOMPLAINT 1163 Crosscomplaint
225
ARTICLE III
227
CHAPTER XXVIII
230
Complaint must accompany summons 8 647 When summons served outside of county 648 Where service outside of county certificate required 64...
231
WAIVER OF ISSUANCE OF SUMMONS 715 Issuance of summons how waived 716 Waiver of issuance of summons when may be made 717 Iss...
232
Damage and rent due to be assessed and trebled in the discretion of the court
233
Service of papersIn general
252
EXECUTIONS
253
Posting of notice
263
VARIANCE
273
Court may withdraw summons instead of issuing alias summons
276
When court acquires jurisdiction 734 WashingtonJurisdiction when acquired
277
CHAPTER XXIX
278
PROCEEDINGS ON FAILURE TO APPEAR 748 Judgment by defaultFor failure to appear and plead 749 Judgment against defendant on demurrer
283
CHAPTER XXXI
285
CHAPTER XXXII
287
CHAPTER XXXIII
290
CHAPTER XXXIV
304
Issues what are and kind 810 Issue of law how arises 811 Issue of fact how arises 812 Issue of law by whom tried 813 Issue of fact by whom tried
306
CHAPTER XXXVI
308
Complaint by corporation may be copy of noto 821 Objection to filing a complaint how raised
310
SameJustices clerkOath and bond
311
SameJustices clerkDeputies for whose acts he shall be responsible
312
ComplaintFor repayment of advances on servicesForm 845 ComplaintFor services at a fixed priceForm 846 ComplaintBy parent for services of min...
315
ComplaintFor breach of promise by purchaser of goodwill not to carry on rival tradeForm 872 ComplaintOn an express contract for rentForm 873 ...
316
ComplaintOn a foreign judgment of a court of general jurisdiction Form 909 ComplaintOn a foreign judgment of an inferior tribunalForm 910 Co...
317
944 ComplaintAgainst a railroad for killing cattleForm 945 ComplaintAgainst a municipal corporation for injuries caused by leaving the street in an ...
318
Complaint on promissory note by executorForm 983 Complaint on promissory note against administratorForm 8 984 Complaint by guardian of insa...
319
Occupant who
334
Deposit in court
353
What property liable to attachment
355
CHAPTER XXXIX
401
Demurrer for misjoinder of causes of action when insufficient 1028 Causes not separately stated f 1029 Objection to uncertainty goes to what 1030 ...
402
ARTICLE II
415
PROCEEDINGS ON DEMURRER 1046 Proceedings on demurrer 1047 Notice of sustaining demurrerForm 1048 Order overruling demurrerForm
418
ARTICLE IV
419
CHAPTER XL
420
SameClerk
424
SameProsecuting attorney
425
Material variance how provided for 1069 Immaterial variance how provided for 1070 What not to be deemed a variance 1071 WashingtonVarianc...
430
CHAPTER XLIII
432
CHAPTER XLIV
433
New matterDeemed controverted 8 1112 New matterBurden of proof 1113 New matterBurden of proof where allegation negative 1114 Answer by ...
434
Police courts in cities of the third class
451
SameJurisdiction
452
SameRules of practice
453
SamePowers and duties of police judge
454
SameDisqualification
455
SameClerk
456
Police court in cities of the fourth class
457
SameJurisdiction
458
SamePowers of judge
459
SameDocket
460
SameAppeals
461
SameDuties of city attorney and district attorney
462
SamePower in relation to sentences
463
SameSeal
464
SameReport to council
465
SameSalaries
466
SameDuty of police
467
SamePolice jurisdiction of justices of the peace
468
SameDisqualification of jurors
469
WashingtonDesignation of police justiceCities of first class
470
WashingtonJurisdiction of police judgeCities of the first class Appeals
471
WashingtonPolice courtCities of the second classEstablishment
472
CHAPTER XLIX
476
JUDGMENT ON PLEADINGS 1222 Judgment on pleadings Motion by defendant for 1223 Judgment on pleadingsMotion admits truth of complai...
477
CHAPTER LI
479
By attorney or agent when the facts are within his personal knowl edgeForm
482
By agent when the party is absent from the countyForm
483
Place of trial 1239 Place of trialHow changed 1240 WashingtonChange of venue as in superior court 1241 Actions may be tried in any county unle...
484
JurisdictionForcible entry 2882 JurisdictionOther inferior courts 2883 Forcible entryDefined 8 2884 Peaceable entry 2885 Forcible entryDamages ...
492
CHAPTER LIII
495
Occupant of real property defined 2889 Demand for surrender 2890 Question of title does not arise 2891 Forcible entryWhat questions may be inv...
496
New undertaking ordered whenFailure to give
498
ARTICLE II
517
ARTICLE III
524
ARTICLE IV
526
ARTICLE V
532
ARTICLE VI
533
ARTICLE VII
535
ColoradoAttachment for defaulting jurorsFine
541
CHAPTER LX
542
ARTICLE II
547
ARTICLE III
556
Manner of proving other official documents 1456 Public record of private writing evidence 1457 Entries in official books prima facie evidence 14...
557
Colorado Warrants on suspicionArrest CommitmentBail
559
CONTESTING ELECTIONS FOR MEMBERS OF
560
ColoradoJoinder of actions Parties must bring forward all demands
561
Judgment on plea of guilty or conviction 3186 OregonJudgment of conviction 3187 Time of rendering judgment 3188 Judgment must be pronou...
572
WashingtonWarrant of commitment 3017 OregonChapter 5 of title 8 Oregon Code of Civil Procedure ap plicable to contempts
573
ARTICLE IV
581
ARTICLE V
584
Defendant may bring in necessary parties
591
Parties how brought in on order of court
592
Suit against the state
593
Suit by state on bond to county
594
ARTICLE IX
597
ARTICLE XI
600
ARTICLE XII
602
ARTICLE XIII
603
Depositions
614
ARTICLE XIV
615
ARTICLE XV
618
ARTICLE XVI
620
Date of filing to be indorsed on complaint
621
Within what time summons may be issued
622
Order of arrestForm
623
OregonSummons how issued signed and directed what to contain
624
OregonSummonsForm
625
UtahSummonsForm
626
WashingtonAction by summons how commencedForm
627
WashingtonSummonsForcible entry and detainerForm
628
WashingtonAction by complaint and noticeForm
629
ARTICLE XX
630
ARTICLE XXI
632
WITNESS FEES 1626 Witness fees 1626a WashingtonWitness fees 1626b OregonWitness fees 1626e ColoradoWitness fees
650
CHAPTER LXI
651
BAILOFFENSES BAILABLEQUALIFICATIONS
652
VERDICT OF JURY 1634 VerdictHow rendered 1635 Informal verdictHow corrected 1636 Judgment on verdictWhen entered 1637 General and s...
655
ARTICLE III
661
ARTICLE IV
663
Change of place of trial in criminal action
664
RULE OF DECISION 1665 Rule of decision 1666 Principles of lawHow stated to jury 1667 Court should state what the law is 1668 Where no evi...
667
Debts attachment
669
ARTICLE VI
671
What affidavit must show when defendant cannot be found
672
ATTACHMENT OF PERSONAL PROPERTY
675
Term debt includes what
678
ARTICLE II
680
AttachmentUnauthorized summons or undertakingAttachment
682
ColoradoJudgmentInterestCostsInterest on judgments
683
WashingtonJudgmentRenditionEntry
684
New summons and publication
685
Order of publication of summonsForm
686
WashingtonService by publication Form of notice
687
WashingtonProof of service by publication
688
Proof of service of summons
689
Certificate of service by an officerForm
690
Certificate of serviceTwo defendantsOne not foundForm
691
Certificate of constable when sufficient
692
Certificate by undersheriffWhen insufficient
693
Certificate of service of summons on corporation Form
694
Certificate of service on foreign corporationForm
695
Certificate of service on minor under fourteen yearsForm
696
Certificate of service on guardianForm
697
Certificate of service on countyForm
698
Affidavit of service on individualForm
699
Affidavit of service on individualShorter form
700
Affidavit of service of summons on infantForm
701
Affidavit of service on corporationForm
702
Affidavit of service on cities and municipalitiesForm
703
Admission of serviceForm
704
WashingtonWritten admission equivalent to proof of service
705
Verbal acknowledgment of service insufficient
706
707 Return not servedForm
707
Docket as evidence of service of summons
708
Summons may be amended
709
Amendment of clerical error
710
Order amending summons and complaintForm
711
Service proof of may be amended
712
Officer may amend certificate
713
Affidavit of service may be amended
714
ARTICLE XIII
715
ARTICLE XIV
718
ARTICLE XV
721
Facts constituting excusable neglect must be set out 1804 Affidavit of merits must state what
723
ARTICLE XVI
728
ARTICLE XVII
733
EQUITABLE RELIEF FROM JUDGMENT 1837 Equitable relief against judgment by fraud 1838 Province of court of equity 1839 Relief against j...
735
Where facts constituting fraud arise subsequent to filing of com
738
Special appearance What
743
WashingtonTime for appearance
744
Infants or lunaticsAppearance by guardian
745
Guardian ad litemHow appointed when ward is plaintiff
746
SameHow appointed when ward is defendant
747
ARTICLE II
750
WashingtonIssuance of writ contents and procedure
755
ARTICLE IV
757
on his official bond
759
WashingtonDefendant may bond against garnishment
761
Imperfect statement of facts
767
Defective allegation when cured by answer
768
Argumentative pleadings not permissible
769
ColoradoDebts credits etc how attachedNotice to garnishee 2613 ColoradoNotice to garnisheeLiability 2614 ColoradoExamination of garnishee 26...
771
ARTICLE VII
772
ARTICLE VIII
774
CRIMINAL JURISDICTIONWASHINGTON OREGON AND COLORADO
775
ARTICLE IX
790
Duty of officers to execute certificate of sale of property not subject to manual delivery 2025 Right of purchaser on sale of real property 2026 Effe...
791
Section 1174 to be strictly construed 2920 Appeal on unlawful detainer no stay
795
LIEN OF ATTACHMENT
805
Pleadings must state cause of action relied
806
Pleading to be construed as a whole
807
Pleadings construed against the pleader
808
ARTICLE XI
815
ARTICLE XII
822
ARTICLE XIII
825
ColoradoDefault of garnisheeScire faciasFinal judgment 2628 Colorado Goods claimed by third personTrial of right 2629 ColoradoClaimant may b...
830
ARTICLE XIV
834
ARTICLE XV
837
SUPPLEMENTARY PROCEEDINGS 2138 Supplementary proceedings when 2139 When order not a judgment 2140 Nonresident debtorExecuti...
845
Affidavit on application for refereeForm
851
Affidavit for order to examine debtorForm
852
Affidavit to procure order of examinationForm 2154 Order directing examination of debtorForm
853
Order appointing referee to examine debtorDocket orderForm 2156 Order directing defendant to give undertakingDocket orderForm
854
Commitment in default of bailDocket orderForm 2158 Order of examination of defendants debtorForm
855
Return of service of foregoingForm 2160 Order to deliver property to officerForm 2161 Order forbidding transferForm
856
CHAPTER LXVI
857
ColoradoDefendants sued jointlyAppearance of oneSeparato claims
858
ColoradoJudgment against one or moreScire faciasCosts
859
Summons against joint debtorForm
860
CHAPTER LXVII
861
Who may appeal
862
ARTICLE II
869
ARTICLE III
870
ARTICLE IV
871
ARTICLE V
876
Undertaking
877
Actions on appeal bondsPleading 2216 Action on appeal bondPleading 2217 Action on appeal bond 2218 AppealAction on appeal bond 2219 Ac...
878
Action on appeal bondEvidence 2221 Action on appeal bondEvidence 2222 Action on appeal bondAssignment 2223 Bond on appeal from judgm...
879
JudgmentAppeal bondMisprision
880
JudgmentMisnomerValidity of appeal bond 2226 Surety on appeal substituted to rights of judgment creditor
881
ARTICLE VI
882
Irregularities in issuance of writ where usually appear
883
Stay of executionOn filing undertaking
884
OregonQualification and justification of sureties on appeal 2231 OregonJudgment enforced notwithstanding stayUndertaking
885
Order staying proceedingsForm 2233 Undertaking on appealForm
886
ColoradoAppeal bondForm
887
Order fixing amount of undertakingForm 2236 Exception to suretiesForm 2237 Notice of justificationForm 2238 Order approving undertakingFor...
888
Notice to sureties of judgment debtorForm 2240 Notice by constable to suretiesForm 2241 AppealFiling undertakingWhat is 2242 Notice of filing ...
889
Notice of filing undertakingHow construed
890
Power of constable to release governed by what 2697 Proceeding on undertaking where execution unsatisfied in whole or in part
891
Appeal is taken when 2245 Effect of failure to justify 2246 Effect of failure of sureties to justifyConstrued
892
Demand for redelivery of released property upon whom may be made 2699 DemandForm 2700 Undertaking on release of attachment by order of ...
894
ARTICLE VII
898
ComplaintFor goods wrongfully taken from possession of bailee Form
903
ComplaintAgainst one in possession innocentlyForm
904
ARTICLE IX
907
ARTICLE X
912
ARTICLE XI
914
ARTICLE XII
919
ARTICLE XIII
921
Plaintiff the actor in superior court 2368 Proceeding with trial as waiver of defects 2369 Order of procedure 2370 Rules of superior court 2371 Pr...
922
AppealJurisdiction of superior courtTransmission of papers 8 2347 OregonAppellate court may allow pleadings amended
926
ColoradoAction in excess of amount_Title to realtyBoundaries Justice to certify cause to district court
927
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Σελίδα 216 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Σελίδα 219 - A father, or in case of his death or desertion of his family, the mother, may maintain...
Σελίδα 582 - ... during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other; 2.
Σελίδα 559 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases : 1.
Σελίδα 218 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Σελίδα 592 - A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section twentyseven hundred and ninety-four of the Civil Code; 3.
Σελίδα 622 - A -witness is allowed to refresh his memory respecting a fact, by anything written by himself or under his direction at the time when the fact occurred or immediately thereafter, or at any other time when the fact was fresh in his memory and he knew that the same was correctly stated in the writing.
Σελίδα 550 - When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other...
Σελίδα 190 - ... the ninth day of September, the first Monday in September, the twenty-fifth day of December, every day on which an election is held throughout the state, and every day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving or holiday.
Σελίδα 479 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information and belief, and as to those matters that he believes it to be true...

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