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

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H.S. Crocker, 1872
 

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Innhold

Appellate jurisdiction
44
May reverse affirm or modify etc remittitur
45
Number of Judges necessary for the transaction of business
46
Number to pronounce judgment
47
Court always open for certain purposes
48
Terms when held Additional terms
49
Terms where held
50
CHAPTER IV
52
Court in each district
55
Judges election and terms
56
Jurisdiction
57
Terms of Court in the First District
58
Second District
59
Third District
60
Fourth District
61
Demurrer to the complaint 348
62
Fifth District 63 Sixth District 64 Seventh District
65
Eighth District 66 Ninth District
66
Tenth District 68 Eleventh District 69 Twelfth District
67
Thirteenth District
70
Fourteenth District
71
Fifteenth District
72
Sixteenth District
73
Seventeenth District
74
Terms of the District Court where held
75
Duration of terms
76
Adjournment of the Court
77
Judgments may be entered in vacation
78
66
87
CHAPTER VI
88
CHAPTER VII
98
132
109
Judge may in certain cases change place of holding Court
111
CHAPTER III
119
ARTICLE III
128
ARTICLE VII
135
ARTICLE XI
137
OF PHONOGRAPHIC REPORTERS
139
Same
140
Receivers and guardians
158
67
168
122
173
THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL
175
title unless adverse
181
Right of possession not affected by descent cast
187
Within three years
192
CHAPTER VIII
198
TITLE III
204
Court when to decide controversy or to order other parties to
205
69
248
TITLE IV
256
71
309
TITLE VI
313
CHAPTER II
314
CHAPTER III
348
When plaintiff may demur to answer
389
Exceptions to rules prescribed by two preceding sections
395
Affidavit and order to be delivered to the Sheriff and copy to defendant
422
Defendant to be discharged on bail or deposit
423
Same
424
Bail how exonerated 492 Delivery of undertaking to plaintiff and its acceptance or rejec tion by him
425
Qualification of bail
426
Deposit of money with Sheriff 498 Payment of money into Court by Sheriff
427
Undertaking on attachment
470
Writ to whom directed and what to state
472
How real and personal property shall be attached
473
Attorney to give written instructions to Sheriff what to attach
478
of Judge 545 Citation to garnishee 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 551 When there remains a balance due how collected 552 When suits may be commenced on the undertak...
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
Substituting bail for deposit
499
CHAPTER
510
Formation of jury
522
ARTICLE III
542
Of jurors
546
When and how trial by jury may be waived
549
CHAPTER VII
565
New trial defined
569
TITLE IX
598
SECTION 683When made returnable LLLLLLL
599
Sales how conducted Neither the officer conducting it nor
622
Real property when absolute sale or not In the latter case
626
When it may be redeemed and redemption money
630
Rents and profits
636
PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION
639
Disobedience of orders how punished
646
Measure of damages in certain cases under the last section
654
CHAPTER III
663
Actions for the partition of real property
669
Abstract of title
686
Of actions against steamers vessels and boats
691
PLACE OF TRIAL OF ACTIONS IN JUSTICES COURTS
699
JUDGMENT BY DEFAULT IN JUSTICES COURTS
700
CHAPTER I
719
Offer to compromise before trial
721
CHAPTER XI
729
TITLE XIII
736
CHAPTER III
756
The Court may order a sale or partition and appoint referees
763
Continuance costs may be imposed as condition of
778
Costs on appeal how claimed and recovered
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
Actions to determine adverse claims and by sureties
792
Actions against a Sheriff for official acts UCLS
793
People of State not required to give bonds when State is a party
794

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Populære avsnitt

Side 230 - 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.
Side 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...
Side 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.
Side 568 - 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.
Side 248 - 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...
Side 244 - 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...
Side 238 - 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...
Side 537 - 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.
Side 723 - ... during the possession of such property by the appellant, he will not commit or suffer to be committed any waste thereon...
Side 532 - 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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