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 SUPREME COURT. EDITED BY CHARLES H. PARKER, Esq. ATTORNEY AT LAW. SAN FRANCISCO: H. H. BANCROFT AND COMPANY. 1863. 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. 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. District. TERMS OF THE COURTS OF RECORD IN THIS STATE. DISTRICT COURTS. 33d Monday in July, Nov. and March. 51st Monday in March, July and Nov. Aug. and Nov 16 1st Monday in January, April, July and October. 3d Monday in March, July and Nov. 324 Monday in December, April and August. 14 1st Monday in Feb., Apr., June, Aug., Oct. and Dec. 61st Monday in Feb., Apr., June, Aug., Oct. and Dec. 13d Monday in Feb., June and Oct. 12d Monday in Jan., May and Sept.. 4 1st Monday in Feb., Apr., June, Aug., Oct. and Dec. COUNTY COURTS. 1st Monday in Jan., March, May, July, Sept., and Nov., uniese otherwise fixed by law. COURTS OF SESSIONS. PROBATE COURTS. 4th Monday of each month, unless other. See County Court. 1 Mon. July, Oct. & Jan.; 3 Mon. Ap. See County Court. 1st Mon. Mar., June, Sept. and Dec.. See County Court. 1st Mon. Jan., May and Sept. See County Court 2d Mon. Mar., July, and 1 Mon. Nov. 1st Mon. Apr., Sept. and Dec. See County Court. See County Court. .[Dec. 3 Mon. Mar., June, Sept. and 3d Mon. Jan., Mar., May, Ju- 1st Mon. Feb. and Oct.; 2 Mon. May. See County Court.. [Dec. 17 1st Mond. Mar.; 2d Mon. May and Aug.; 1 Mon. Nov. 1st Mon. April, Aug.. Oct. and Dec.. 10 2d Monday in March, June, Sept. and Dec. 15 1st Monday in Feb., June and Oct. 92d Monday in April, August and Dec. 13 1st Monday in March, July and Nov. 5 1st Monday in March, July and Nov. 63d Monday in March; 2d Mon. Aug.; 3d Mond. De: 10 3d Monday in Jan., April, July and Oct....... 1 Mon. Jan., Apr., Oct.; 3 Mon. July [Nov See County Court. 1st Mon. Feb., May, Aug. and See County Court. 1st Mon. Jan., May and Sept... [Sept. See County Court..... 1st Mon. Jan.; 3 Mon. May & 1 Mon. 1st Mon. Apr., July and Dec. 2 Mon Jan. Mar. 4 Mon. May 1st Mon. Jan., April, July and Oct.. 3 Mo. Feb., May, Aug. & Nov. 12 Mon.July, Sep. 4 Mon. Nov |
