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

California

H.S. Crocker, 1872

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Title and division of this volume	3

Action defined	5

TITLE I	19

Division of judicial remedies	21

9	34

CHAPTER III	35

Original jurisdiction	36

12	45

CHAPTER III	348

When plaintiff may demur to answer	389

Exceptions to rules prescribed by two preceding sections	395

What not to be deemed a variance	404

Suing a party by a fictitious name when allowed	416

Arrest and bail	417

ARTICLE I	418

Order for arrest by whom made	420

May reverse affirm or modify etc remittitur	49

Number of Judges necessary for the transaction of business	50

Court always open for certain purposes	51

CHAPTER IV	52

Jurisdiction	53

Demurrer to the complaint 348	62

Terms of Court in the First District	64

Fifth District	65

Eighth District	66

Tenth District	67

Thirteenth District	68

Fifteenth District	69

Terms of the District Court where held	71

Territorial extent of civil jurisdiction	101

CHAPTER IX	107

PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS	108

19	110

Justices of the Peace must hold	113

TITLE II	114

34	117

MISCELLANEOUS	121

CHAPTER I	123

Jury to be drawn upon the order of the Judge	130

FORMATION OF THE JURY	133

TITLE IV	139

How appointed and duty	140

Compensation	141

TITLE V	142

Qualifications	143

Oath	144

Roll of attorneys	145

General duties	147

Authority of attorney	152

Change of attorney	153

Notice of change	155

Conviction of felony Moral turpitude	156

Proceedings for removal or suspension	157

Answer	158

Qualifications as to residence of Justices of Supreme Court 114	161

CHAPTER II	175

property	176

Such seizin when necessary in action or defense arising out of title to or rents of real property	179

Entry on real estate	180

Possession when presumed Occupation deemed under legal title unless adverse	181

What constitutes adverse possession under written instrument or judgment	185

What constitutes adverse possession under claim of title not written	186

Right of possession not affected by descent cast	187

CHAPTER III	188

Within four years	189

Within three years	192

Within two years	193

Within one year	194

Within six months	195

Where cause of action accrues on mutual account	196

Actions by the people subject to the limitations of this Chapter	197

CHAPTER IV	198

Provision where judgment has been reversed	200

When two or more disabilities exist etc	201

Limitation laws of other States effect of	203

Existing causes of action not affected	204

Wife may defend when	220

Guardian how appointed	222

Unmarried female may sue for her own seduction	223

When representatives may sue for death of one caused by the wrongful act of another	224

Who may be joined as defendants	234

Parties defendant in an action to determine conflicting claims to real property	241

Parties in interest when to be joined When one or more may sue or defend for the whole	242

Plaintiff may sue in one action the different parties to commer cial paper	244

Tenants in common etc may sever in bringing or defending actions	246

Another person may be substituted for the defendant	249

Intervention when it takes place and how made	250

Associates may be sued by name of association	253

TITLE IV	256

TITLE VI	313

CHAPTER II	314

Security by plaintiff before order of arrest	421

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	425

Qualification of bail	426

Deposit of money with Sheriff	427

Money deposited how applied or disposed of	428

101	436

Undertaking on attachment	465

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

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	484

When suits may be commenced on the undertaking	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

CHAPTER VI	493

Money paid to Clerk must be deposited with County Treasurer	494

CHAPTER	510

In cases of adjournment a party may have the testimony	522

QUALIFICATIONS AND EXEMPTIONS OF JURORS	523

ARTICLE III	542

When and how trial by jury may be waived	549

CHAPTER VII	565

New trial defined	569

CHAPTER VIII	577

TITLE IX	598

When made returnable	599

PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION	639

Disobedience of orders how punished	646

CHAPTER III	663

Actions for the partition of real property	669

Lienholders must be notified to appear before the referee	676

as determined by the Court	677

Judgment not to affect tenants for years to the whole property	678

A lien on an undivided interest of any party is a charge only on the share assigned to such party	679

Proceeds of sale disposition of	680

Referees may take securities for purchase money	681

Terms of sale must be made known at the time Lots must be sold separately	682

Conveyances must be recorded and will be a bar against parties	683

Duties of the Clerk making investments	684

A guardian may consent to partition without action and exe cute releases	685

Apportionment of counsel fees and expenses	686

Of actions against steamers vessels and boats	691

CHAPTER I	699

Place of trial of actions in Justices Courts	700

Arrest and bail	712

CHAPTER VI	717

Trials in Justices Courts	719

CHAPTER IX	726

Dockets of Justices	729

Justices may issue subpoenas and final process to any part	733

CHAPTER I	736

List of persons to serve as jurors to be made by Supervisors 128	747

CHAPTER II	752

CHAPTER III	756

Appeal from judgment of Justices or Police Courts	758

CHAPTER I	763

Offer of the defendant to compromise	765

CHAPTER VI	778

Costs when a tender is made before suit brought	786

Costs in a review other than by appeal	787

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

Proceedings on offer of the defendant to compromise after suit	792

Actions against a Sheriff for official acts	793

People of State not required to give bonds when State is a party	794

Další vydání - Zobrazit všechny

The Code of Civil Procedure of the State of California in Four Parts
California
Úplné zobrazení - 1923

The Code of civil procedure of the State of California
California
Úplné zobrazení - 1880

The Code of Civil Procedure of the State of California, Svazek 1
California
Úplné zobrazení - 1874

Zobrazit všechny »

Běžně se vyskytující výrazy a sousloví

9 Cal action or proceeding adjourned adverse possession affidavit alleged amended amount answer appear appellate jurisdiction application appointed assignment attorney authority averment Blankman cause of action civil actions claim Clerk Code commenced common law complaint Constitution contract County Court County of San Court has jurisdiction Court of equity Courts of record criminal damages debt decree defendant demurrer District Court election enforce fact filed held as follows interest issue judgment Judicial District July jurisdic jurors jury Legislature matter ment Monday of February Monday of January Monday of March mortgage motion note to Sec NOTE.-See NOTE.-Stats notice November October party person plaintiff pleading Probate Court real property recover remedy remittitur rule San Francisco second Monday September Sheriff special proceedings Statute of Limitations suit summons Supreme Court therein thereof third Monday tion trial unlawful detainer writs of mandate

Oblíbené pasáže

Strana 232 - 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.

Objevuje se u 479 knih od 1777-2004.

Strana 39 - 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...

Objevuje se u 350 knih od 1860-1998.

Strana 42 - 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.

Objevuje se u 568 knih od 1835-2008.

Strana 570 - 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.

Objevuje se u 429 knih od 1792-1999.

Strana 250 - 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...

Objevuje se u 511 knih od 1830-2004.

Strana 246 - 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...

Objevuje se u 194 knih od 1831-2004.

Strana 240 - 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...

Objevuje se u 384 knih od 1777-2007.

Strana 539 - 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.

Objevuje se u 221 knih od 1777-1998.

Strana 725 - ... during the possession of such property by the appellant, he will not commit or suffer to be committed any waste thereon...

Objevuje se u 254 knih od 1777-1998.

Strana 534 - 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.

Objevuje se u 249 knih od 1846-1998.

Bibliografické údaje

Název	The Code of Civil Procedure of the State of California, Svazek 1 The Code of Civil Procedure of the State of California, John Chilton Burch
Autor	California
Redaktor	Creed Haymond
Vydavatel	H.S. Crocker, 1872

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