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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 COURT.

EDITED BY

CHARLES H. PARKER, Esq.

ATTORNEY AT LAW.

SAN FRANCISCO:

H. H. BANCROFT AND COMPANY.

1863.

ISH

ENTERED according to Act of Congress, in the Year of our Lord 1863, by

H. H. BANCROFT AND COMPANY,

In the Clerk's Office of the District Court of the United States, in and for the Northern District of the State of California.

TOWNE & BACON, PRINTERS,

EXCELSIOR OFFICE,

536 Clay Street, San Francisco.

PREFACE.

THE desire of the Editor of the present edition of the Practice Act has been, not only to collate the various decisions bearing upon and construing the different sections of the Act, but to classify them in such a manner as to facilitate reference to them by the practitioner.

The general plan attempted to be followed is much the same as that pursued in Howard's and in Voorhies' editions of the New York Code. Where the provisions of our own Act are similar to those of the Code, the number of the corresponding section has been given. It is hoped that this will be found useful in consulting the decisions of that State relating to practice. The more important New York decisions rendered since the publication of the works of Howard and Voorhies, have been added under the appropriate sections.

Throughout the work those sections which are referred to in TITLE XVI, and made applicable to Justices' Courts, are marked “J. P.” As it is not always easy to draw definitely the line between what is law relating to practice purely, and that which pertains to the higher and more universal principles of jurisprudence, the Editor has preferred to be found rather too liberal than too strict in his annotations; for this reason it is not improbable that much matter will be found in this edition, which would have been omitted by others. But when it is considered that the design has been, as much as possible, to render the present work available for the whole profession as a book of ready reference, this will hardly be considered a serious objection, although adding somewhat to the

size of the volume.

Errors, typographical and other, are to be found in all books. This will undoubtedly prove no exception. A few of the most important which have been discovered are noted.

SAN FRANCISCO, 10th February, 1863.

C. H. P.

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