The Code of Civil Procedure: Of the State of California

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T.A. Springer, 1872 - 768 sider
 

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Innhold

Joint authority
8
Statutes etc inconsistent with Code repealed
10
TITLE I
15
Officers of the Court
16
Members of the Court
17
Original jurisdiction
18
Number to pronounce judgment
19
CHAPTER IV
20
Jurisdiction
21
Third District
22
Seventh District
23
Tenth District
24
Twelfth District
25
Fourteenth District
26
Sixteenth District
27
Terms of the District Court where held
28
Court in each county
29
Appellate jurisdiction
30
Court always open for certain purposes
34
CHAPTER VI
35
Terms of the Court in the respective counties
36
Terms where held
39
Judge election and term
40
Civil jurisdiction
41
Civil jurisdiction restricted
42
PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS
43
CHAPTER I
49
Of Court Commissioners
55
Jury to be drawn upon the order of the Judgo
60
OF IMPANELING JURIES OF INQUEST
67
OF PHONOGRAPHIC REPORTERS
68
How appointed and duty
69
Report prima fecie correct
70
TITLE V
71
Qualifications
72
Penalty for practicing without license
73
Change of attorney
74
Conviction of felony Moral turpitude
75
Appearance
76
PART II
81
When actions by the people or their grantees are to bo brought
82
Exception as to persons under disabilities
91
In suits by aliens time of war to be deducted
92
Existing causes of action not affected
94
Unmarried female may sue for her own seduction
95
Parties defendant in an action to determino conflicting claims to real property
98
Tenants in common etc may sever in bringing or defending actions
99
Associates may bo sued by qame of association
100
TITLE VI
111
CHAPTER
112
CHAPTER VI
117
What not to bo deemed a variance
121
No error or defect to bo regarded unless it affects substantial rights
123
TITLE VII
124
defendant
126
Arrest how made
127
Bail how proceeded against
128
Salification of bail
129
Payment f money into Court by Shoriff
130
motion
131
Undertaking on attachment
138
Writ to whom directed and what to state
140
Attorney to give written instructions to Sheriff what to attach
142
Inventory how made Party refusing to give memorandum may be compelled to pay costs
143
When property claimed by a third party how tried
144
When suits may be commenced on the undertaking
145
When a motion to discharge attachment may be made and upon what grounds
146
CHAPTER V
147
Investment of funds
149
CHAPTER II
152
CHAPTER
153
Formation of jury
155
When and how trial by jury may be waived
163
New trial defined
169
TITLE IX
176
PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION
192
CHAPTER
197
Measure of damages in certain cases under the last section
198
Partition must be made according to the rights of the parties
201
as determined by the Court
206
The Court may set aside or affirm report and enter judgment thereon Upon whom judgment to be conclusive
207
A lien on an undivided interest of any party is a charge only on the share assigned to such party
208
Proceeds of sale disposition of
209
Referees may take securities for purchase money
210
Terms of sale must be made known at the time Lots must be sold separately
211
Conveyances must be recorded and will be a bar against parties
212
Duties of the Clerk making investments
213
A guardian may consent to partition without action and exe cute releases
214
Apportionment of counsel fees and expenses
215
Place of trial of actions in Justices Courts
224
Form of pleadings
231
JUDGMENT BY DEFAULT IN JUSTICES COURTS
237
CHAPTER I
267
A party may demand inspection and copy of a book paper etc
270
Costs in action by or against an administrator etc
275
Costs in a review other than by appeal
278
When plaintiff is a nonresident or foreign corporation de fendant may require security for costs
279
CHAPTER VII
280
counties
282
OF SPECIAL PROCEEDINGS OF A CIVIL NATURE
285
PRELIMINARY PROVISIONS Section 1063 Parties how designated
287
Writ of review
288
CHAPTER
290
Witnesses attendance of how enforced
296
Oath to bo administered
304
If not discharged prisoner may again apply when
305
CHAPTER IV
306
Unlawful detainer defined
307
County Courts have jurisdiction
308
Summons form and service of
309
Judgment by default
310
Verdict and judgment
311
TITLE IV
312
Certain liens for salaries and wages
317
TITLE V
318
Officer must return warrant and undertaking if any
319
Hearing
322
Illness sufficient cause for nonappearance of party arrested Confinement under arrests for contempt
323
TITLE VII
325
title vests
332
Costs may be allowed distribution thereof
333
Pending proceedings not affected
334
TITLE IX
337
TITLE X
338
Powers of arbitrators
339
OF THE HOMESTEAD
341
OF ACCOUNTS RENDERED BY EXECUTORS AND ADMINISTRATORS AND OF THE PAYMENT OF DEBTS
342
Probata of foreign wills
343
The probate may be contested within one year
350
LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANNEXED
354
ARTICLE IV
360
Revocation of letters of administration
362
ARTICLE VI
363
Bond of administrators form and requirements of
364
Conditions of bonds
365
Right ceases when
366
Further security may be ordered
367
New sureties
368
Oath of appraisers and inventory how made
376
Rights of survivor to homestead
385
Claims in action pending at time of decease
390
CHAPTER VII
399
Order to show cause how made and on what notice
402
Further proceedings to conform to Articles II and IV
404
Verified petition for sale what to contain and to what it may refer
405
Order to persons interested to appear
406
Hearing after proof of service Presentation of claims
407
What the order of sale must contain May be at public or pri vate sale
408
To deliver copy of order to executor
409
Ninety per cent of appraised value must be offered
410
Purchase money on sale on credit how secured
411
May file objections when and who
412
Order of confirmation what to state
413
Where payment of debts etc provided for by will
414
Contribution among legatees
415
Executor to assign contract
416
To what cases preceding section not to apply
418
be appraised Account to be rendered
420
Recovery of property fraudulently disposed of by testator
421
CHAPTER IX
422
Liabilities and compensation of executors and administrators
425
Not to purchase claims against the estate
426
To render an exhibit of receipts and disbursements and claims allowed
427
Day of settlement to be appointed and must give notice thereof
430
All matters may be contested by the heirs Hearing may be postponed
431
Order in which debts to be paid
432
Legislative department
553
Powers of Congress
554
To borrow money 559
559
To regulate commerce
560
To make laws necessary to carry powers into effect
561
Titles of nobility Presents etc
562
Powers of Executive
563
Manner of choosing President by Electors
564
Oath
565
_Co C
569
What sufficient for ratification
571
No person to be held to answer for certain crimes except on
573
ARTICLE I
581
Senate and Assembly and enacting clause of laws
594
Actions how commenced 228
651
The holder of the mortgago or lien may purchase the lands His receipt to the amount of his claim a valid payment 417
684
Execution of conveyance and record thereof how enforced 423
685
CHAPTER
696

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