Placer. 1st Monday March, June, September, and December. 1st Monday January, March, May, July, Sept., Nov. 1st Monday January, March, May, July, Sept., Nov. San Bernardino. 1st Monday January, March, May, July, Sept., Nov. Sacramento San Diego.. San Francisco.. T 1st Monday January, March, May, July, Sept., Nov. Same as County Court. CIVIL PRACTICE ACT. AN ACT TO REGULATE PROCEEDINGS IN CIVIL CASES IN THE COURTS OF JUSTICE OF THIS STATE. Passed April 29th, 1851, 51. The People of the State of California, represented in Senate and Assembly, do enact as follows: TITLE I. OF THE FORM OF CIVIL ACTIONS, AND OF THE PARTIES THERETO. One form of civil action. § 1. There shall be in this State but one form of civil action, for the enforcement or protection of private right, and the redress or prevention of private wrongs. [Difference between law and equity. 1 Cal. 167; 2 Cal. 463; 4 Cal. 6; 16 Cal. 220. Difference between common law actions. 3 Cal. 196, 458; 17 Cal. 487; 21 Cal. 129: 24 Cal. 458; 26 Cal. 11.] * Applicable to justices' courts, see 533. Designation of parties. * § 2. In such action the party complaining shall be known as the plaintiff, and the adverse party as the defendant. Trial of fact not put in issue by pleadings. § 3. When a question of fact not put in issue by the pleadings is to be tried by a jury, an order for the trial may be made, stating distinctly and plainly the question of fact to be tried; and such order shall be the only authority necessary for a trial. Real party in interest. § 4. Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in this act. (a) [Amendment, approved January 27, 1864; 1863-4, 29. [6 Cal. 247, 400, 456; 7 Cal. 551; 9 Cal. 325; 13 Cal. 40; 22 Cal, 139, 173, 356, 430; 29 Cal. 210; 32 Cal. 590.] Action by assignee of chose in action. § 5. In the case of an assignment of a thing in action, the * Applicable to justices' courts, see 533. (a) I he original section was in the same words as the amendment in the text. It was amended May 15, 1854, 84, by adding the words "but this section shall not [be] deemed to authorize the assignment of an account, unliquidated demand, or of a thing in action not arising out of contract." It was amended May 7, 1855, 303, by adding to the words in the text the clause," but in suits brought by the assignee of an account, unliquidated demand, or thing in action not arising out of contract, assigned subsequently to the first day of July, 1854, the assignor shall not be a witness on behalf of the plaintiff." action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of, the assignment; but this section shall not apply to a negotiable promissory note, or bill of exchange, transferred in good faith, and upon good consideration before due. [5 Cal. 325; 18 Cal. 415; 20 Cal. 515.] Action by executor, trustee of express trust, etc. § 6. An executor or administrator, or trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the person or persons for whose benefit the action is prosecuted. A trustee of an express trust within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another. (a) [Amendment, passed May 15, 1854, 84; took effect July 1, 1854. [25 Cal. 26; 32 Cal. 111. As to new appointment in case of the death of a last surviving trustee, see post, 727.] Married woman a party. § 7.* When a married woman is a party, her husband shall be joined with her except First. When the action concerns her separate property or her right or claim to the homestead property, she may sue alone. Second. When the action is between herself and her (a) Original section: § 6. An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue without joining with him the persons for whose benefit the action is prosecuted. |