The Civil Practice Act of the State of California: As Amended, with Notes and References, and an Appendix Containing the Act Concerning Courts of Justice, the Act Concerning Forcible Entries and Unlawful Detainers, the Insolvent Act, and the Rules of the Supreme CourtH.H. Bancroft, 1863 - Počet stran: 667 As amended, with notes and references, and an appendix containing the act concerning courts of justice, the act concerning forcible entries and unlawful detainers, the insolvent act, and the rules of the Supreme Court. |
Vyhledávání v knize
Výsledky 1-5 z 100
Strana 5
... amount due from the defendant , is a prima facie assignment of the debt due . Even if it was only for part of a debt , no one could make the obligation but the defendants . McEwen v . Johnson , 7 Cal . 260 ; Wheatley v . Strobe , 12 Id ...
... amount due from the defendant , is a prima facie assignment of the debt due . Even if it was only for part of a debt , no one could make the obligation but the defendants . McEwen v . Johnson , 7 Cal . 260 ; Wheatley v . Strobe , 12 Id ...
Strana 6
... amount , no action can be maintained therefor in assumpsit , nor can the claim be assigned so that the assignee may sue . Bul- lard v . Kinney , 10 Cal . 63 . 26. The right of action which one has , who has been induced by fraud to ...
... amount , no action can be maintained therefor in assumpsit , nor can the claim be assigned so that the assignee may sue . Bul- lard v . Kinney , 10 Cal . 63 . 26. The right of action which one has , who has been induced by fraud to ...
Strana 10
... amount of the reward is neither an " unliquidated demand , " nor an " account , " within the fourth section of the Practice Act , and hence that the assignor of such demand is a competent witness for the assignee in suit against the ...
... amount of the reward is neither an " unliquidated demand , " nor an " account , " within the fourth section of the Practice Act , and hence that the assignor of such demand is a competent witness for the assignee in suit against the ...
Strana 25
... amount not equaling his judgment , and afterwards the party claiming the property ob- tained judgment against the Sheriff for the value of the property : Held , that the recourse must be had against the first attaching creditor , for ...
... amount not equaling his judgment , and afterwards the party claiming the property ob- tained judgment against the Sheriff for the value of the property : Held , that the recourse must be had against the first attaching creditor , for ...
Strana 66
... amount on a credit of six months ; that the defend- ant was insolvent at the time of said sale , and purchased said goods without any intent to pay for them , and with intent to defraud the plaintiffs of their value ; and that by reason ...
... amount on a credit of six months ; that the defend- ant was insolvent at the time of said sale , and purchased said goods without any intent to pay for them , and with intent to defraud the plaintiffs of their value ; and that by reason ...
Další vydání - Zobrazit všechny
The Civil Practice Act of the State of California: As Amended, with Notes ... California Úplné zobrazení - 1863 |
The Civil Practice Act of the State of California: As Amended, with Notes ... California Úplné zobrazení - 1863 |
The Civil Practice Act of the State of California: As Amended, With Notes ... Charles H. Parker Náhled není k dispozici. - 2017 |
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9 Cal Abbott adverse party affidavit alleged amend amount answer appeal application appointed arrest assignment attachment attorney averment Barb bill bond cause of action certificate Clerk complaint contract copy costs County Court Court of Equity Court of Sessions creditors damages debt decree deed defendant demurrer deposition discharge District Court ejectment entered entitled equity error evidence execution facts filed foreclosure fraud granted ground Held homestead hundred husband injunction insolvent interest issue judgment debtor jurisdiction jury Justice land levy liable lien mandamus ment misjoinder mortgage motion N. Y. Code necessary notice objection payment personal property plaintiff pleadings possession Practice Act premises proceedings purchaser real property record recover redemptioner referee refusing remittitur rendered replevin Sheriff Sheriff's deed Smith sold statement statute sufficient suit summons Supreme Court sureties taken therein thereof tion trial undertaking verdict vols wife witness writ
Oblíbené pasáže
Strana 31 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Strana 321 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Strana 129 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Strana 170 - The plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment, as in this chapter provided, in the following cases : 1.
Strana 471 - The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business ; and...
Strana 413 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Strana 104 - When cross -demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.
Strana 423 - The testimony of a witness in this State may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases: 1.
Strana 37 - ... committed on a lake, river or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed. 2d. Against a public officer or person especially appointed to execute his duties, for an act done by him in virtue of his office...
Strana 30 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.