The California Practice Act: Being an Act Entitled "An Act to Regulate Proceedings in Civil Cases in the Courts of Justice in this State," Passed April 29, 1851, and Amended May 18, 1853, May 18, 1854, April 28, May 4, and May 7, 1855, Feb. 20, 1857, March 24, and April 15, 1858 : Also "An Act Concerning the Courts of Justice of this State ...Whitton, Towne & Company, 1858 - Počet stran: 302 |
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Strana 34
... demand , or thing in action not arising out of contract , assigned subsequently to the first day of July , 1854 , the assignor shall not be a witness on be- half of the plaintiff . 1. The assignor cannot be a witness for the assignee ...
... demand , or thing in action not arising out of contract , assigned subsequently to the first day of July , 1854 , the assignor shall not be a witness on be- half of the plaintiff . 1. The assignor cannot be a witness for the assignee ...
Strana 35
... demand cum onere , and is liable for the costs which had ac- crued before , as well as those which arise after the assignment . Miller v . Franklin , 20 Wend . , 630 . 5. Where an assignee having money in bank makes an assignment for ...
... demand cum onere , and is liable for the costs which had ac- crued before , as well as those which arise after the assignment . Miller v . Franklin , 20 Wend . , 630 . 5. Where an assignee having money in bank makes an assignment for ...
Strana 37
... demand separate verdicts . Winans v . Christy , 4 Cal . , 70 . An appeal does not lie from an order making a new party defendant . Beck v . City of San Francisco , 4 Cal . , 375 . 2 . 3. When several defendants are sued on a joint ...
... demand separate verdicts . Winans v . Christy , 4 Cal . , 70 . An appeal does not lie from an order making a new party defendant . Beck v . City of San Francisco , 4 Cal . , 375 . 2 . 3. When several defendants are sued on a joint ...
Strana 43
... demand for change of venue after an answer , may be disregarded . — Milli- gan v . Brophy , 2 Code R. , 118 . 3. The demand may be made simultaneously with the service of an answer.- Mairs v . Remsen , 3 Code R. , 138 . 4. In general ...
... demand for change of venue after an answer , may be disregarded . — Milli- gan v . Brophy , 2 Code R. , 118 . 3. The demand may be made simultaneously with the service of an answer.- Mairs v . Remsen , 3 Code R. , 138 . 4. In general ...
Strana 44
... demand , unless he or she shall first present his or her claim or demand to the board of supervisors for allowance ; and if they fail or refuse to allow the same , or some part thereof , the party feeling ag- grieved may sue the county ...
... demand , unless he or she shall first present his or her claim or demand to the board of supervisors for allowance ; and if they fail or refuse to allow the same , or some part thereof , the party feeling ag- grieved may sue the county ...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ... California Úplné zobrazení - 1858 |
The California Practice Act: Being an Act Entitled "An Act to Regulate ... California Úplné zobrazení - 1858 |
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Abbott action adverse affidavit alleged allowed amended amount answer appeal application appointed arrest attachment attend attorney authority brought cause cause of action certified CHAPTER charge claim clerk complaint copy costs county court damages debtor defendant delivered demand demurrer deposition direct discharged district court dollars effect entered entitled evidence examination execution facts filed five follows give given granted ground held hundred injunction interest issue judge judgment July jurisdiction jury justice land liable lien manner matter ment mortgage motion necessary notice objection officer party person plaintiff pleading possession proceed proceedings proper purchaser question received record recover referee refusing rendered reside respective served sheriff specified statement statute sufficient suit summons sureties taken therein thereof tion trial undertaking unless verdict witness writ
Oblíbené pasáže
Strana 37 - 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 plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Strana 41 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Strana 35 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Strana 157 - If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint to the satisfaction of the court, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners...
Strana 38 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Strana 104 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Strana 65 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Strana 140 - ... up to the time of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after purchase, and interest on such amount, and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien with interest.
Strana 269 - When two or more persons, associated in any business, transact such business under a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates ; and the judgment in the action shall bind the joint property of all the associates, and the individual property of the party or parties served with process, in the same manner as if all had been named defendants and had been sued...
Strana 97 - All persons having in their possession, or under their control, any credits or other personal property belonging. to the defendant, or...