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LIBRARY OF THE
LELAND STANFORD, JR., UNIVEA3, TY

LAW DEPARTMENT,

A59980

COPYRIGHT 1902 BY JOSEPH H. BUDD

PREFACE.

It is more than one hundred and fifty years since Blackstone wrote his commentaries on the laws of England.

The third volume of that work was written respecting the laws of civil remedies as they then were; but since these commentaries were written, such laws have been changed very materially, both in England and in this country. The most material of such changes has been made in the states, which have adopted the code system of civil remedies.

In writing this work I have taken the Code of Civil Procedure of the state of California as my principal guide respecting the law of civil remedies under the code system. I have in a portion of the work stated some of the principal rules of evidence as they now are in most of the states, and I have written several hundred forms for use in actions and civil proceedings; and these forms are included in an appendix to the work.

JOSEPH H. BUDD. Stockton, January, 1902.

a

CONTENTS.

CHAPTER I.

of remedies for the redress of private wrongs by the mere

act of the parties

CHAPTER II.

Of Courts of Justice

CHAPTER III.

Of Attorneys at law

CHAPTER IV.

Of actions at law and suits in equity..

CHAPTER V.

Of the commencement of an action and of the service of

the summons therein

CHAPTER VI.

Of parties to actions

CHAPTER VII.

Of the place of the commencement, and of the trial of ac-

tions

CHAPTER VIII.

of pleadings in an action, and of the complaint therein....

CHAPTER IX.

Of proceedings on the part of the defendant after he is

served with the summons in an action..

CHAPTER X.

Of amendments, and as to relief from judgments, orders or

other proceedings taken against a party through his

mistake, surprise or excusable neglect

CHAPTER XI.

Of some rules of pleading under the code system...

CHAPTER XII.

Of provisional remedies

CHAPTER XIII.

of actions in particular cases, namely:

Actions for the foreclosure of mortgages...

Actions for nuisance, waste and wilful trespass in cer-

tain cases on real property

Actions for libel and slander...

Actions to determine conflicting claims to real prop-

perty; and provisions relating to actions concern-

ing real estate

Actions for the partition of real property

Actions for the usurpation of an office or franchise..

Actions against steamers, vessels and boats...

CHAPTER XIV.

Of actions to enforce assessments in municipalities, and of

actions to enforce assessments for reclamation pur.

poses

CHAPTER XV.

Of preparations for the trial of an action..

CHAPTER XVI.

Of evidence

CHAPTER XVII.

Of the classification of evidence

CHAPTER XVIII.

Of disputable presumptions of fact

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