L 8600

NOV 10 1933

Copyright 1923

By
R. E. Ragland

Produced in the plant of
THE CLAREMONT PRESS, INC.

5660 College Avenue

Oakland, Calif.

vii

CON TENTS

CODE OF CIVIL PROCEDURE

TITLE OF ACT

PRELIMINARY PROVISIONS

Page

1

1

PART 1. COURTS OF JUSTICE.

6

II. CIVIL ACTIONS

61

III. SPECIAL PROCEEDINGS OF A CIVIL NATURE....222

IV. EVIDENCE

.385

99

PART COURTS OF JUSTICE.....

6

Chapter Article Subject

ORGANIZATION AND JURISDICTION.

I

Courts of Justice in General.

II

Court of Impeachment

III

Supreme Court

IV

Superior Courts

11

Justices’ Courts

16

Justices' Courts in Cities and Counties.. 16

Justices' Courts_in Townships

22

III

Justices of the Peace and Justices'

Courts in General

27

VI

Police Courts

28

VII

General Provisions Respecting

Courts of Justice

28

I

Publicity of Proceedings

28

II Incidental Powers and Duties of Courts 28

III Judicial Days

32

IV Proceedings in Case of Absence of

Judge

32

V

Provisions Respecting Places of Hold-

ing Courts

32

VI Seals of Courts

34

99

9

99

99

9

.PERSONS SPECIALLY INVESTED WITH

POWERS OF A JUDICIAL NATURE 40

Jurors

40

I

Jurors in General

40

II Qualifications and Exemptions of

Jurors

41

III Of Selecting and Returning Jurors for

Courts of Record

43

IV Of Drawing Jurors for Courts of Record 45

V Of Summoning Jurors for Courts of

Record

46

VI .... Of Summoning Jurors for Courts not

1

Title

III

99

99

99

99

Chapter Article Subject

Page

I

Jurors (continued)

VII Of Summoning Juries of Inquest...... 48

VIII Obedience to Summons, how Enforced.. 48

IX Of Inpaneling Grand Juries

48

X Of Impaneling Trial Juries in Courts

of Record

49

XI Of Impaneling Trial Juries in Courts

not of Record

49

XII Of Impaneling Juries of Inquest. 50

II

Court Commissioners

50.

1

99

V

.MINISTERIAL OFFICERS OF COURTS

OF JUSTICE

51

I

Of Ministerial Officers Generally.

51

II

Secretaries and Bailiffs of the Supreme

Court

51

III

Phonographic Reporters

52

.PERSONS SPECIALLY INVESTED WITH

MINISTERIAL POWERS RELATING TO

COURTS OF JUSTICE

I

Attorneys and Counselors at Law.

54

II

Other Persons Invested with such Powers 60

PART II—CIVIL ACTIONS.....

61

54

I

II

99

99

III

FORM OF CIVIL ACTIONS.

61

.TIME OF COMMENCING CIVIL ACTIONS 62

Time of Commencing Actions in General 62

Time of Commencing Actions for

Recovery of Real Property

62

Time of Commencing Actions Other

than for Recovery of Real Property 65

General Provisions as to Time of

Commencing Actions

68

.PARTIES TO CIVIL ACTIONS.

70

.PLACE OF TRIAL OF CIVIL ACTIONS...... 74

.109

99

118

120

.123

Chapter Article Subject

Page

PROVISIONAL REMEDIES -(continued)

IV

Attachment

.102

V

Receivers

VI

Deposit in Court

.111

.TRIAL AND JUDGMENT IN CIVIL

ACTIONS

112

I

Judgment in General

.112

II

Judgment Upon Failure to Answer

114

III

Issues. Mode of Trial and Postpone-

ments

.115

IV

Trial by Jury

117

I

Formation of Jury

117

II

Conduct of Trial

III

Verdict

V

Trial by Court

122

VI

References and Trials by Referees

VII

Provisions Relating to Trials in General..124

I

Exceptions

.124

II

New Trials

.127

VIII

Manner of Giving and Entering Judg-

ment

.129

.EXECUTION OF JUDGMENT IN CIVIL

ACTIONS

.134

I

Execution

.134

II

Proceedings Supplemental to Execution..148

ACTIONS IN PARTICULAR CASES. .150

Actions for Foreclosure of Mortgages....150

II

Actions for Nuisance, Waste, and Will-

ful Trespass, in Certain Cases on Real

Property

.152

III

Actions to Determine Conflicting Claims

to Real Property, and Other Provi-

sions Relating to Actions Concerning

Real Estate

.153

IV

Actions for Partition of Real Property....156

V

Actions of Usurpation of an Office or

a Franchise

.167

VI

Actions Against Steamers, Vessels, and

Boats

.168

.PROCEEDINGS IN JUSTICES' COURTS....172

I

Place of Trial of Actions in Justices'

Courts

172

II

Manner of Commencing Actions in

Justices' Courts

174

III

Pleadings in Justices' Courts

.177

IV

Provisional Remedies in Justices' Courts 179

I

Arrest and Bail

179

Atttachment

.180

III

Claim and Delivery of Personal

Property

181

V

Judgment by Default in Justices' Courts.. 182

VI

Time of Trial and Postponements in

Justices' Courts

182

VII

Trials in Justices' Courts

184

VIII

Judgments (other than by default) in

Justices' Courts

97

Chapter Article Subject

Page

PROCEEDINGS (continued)

IX

Executions from Justices' Courts .187

х

Contempts in Justices' Courts..

189

XI

Dockets of Justices

.190

XII

General Provisions Relating to Justices'

Courts

.192

.PROCEEDINGS IN CIVIL ACTIONS IN

POLICE COURTS

.197

APPEALS IN CIVIL ACTIONS.

.198