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 |
Vyhledávání v knize
Výsledky 6-10 z 72
Strana 52
... damages be demanded , the amount thereof shall be stated . 1. 1st . The statement of the place of trial ( and name of the court ) in the complaint is essential for many purposes of the action . — Merrill v . Grinnell , 10 How . Pr ...
... damages be demanded , the amount thereof shall be stated . 1. 1st . The statement of the place of trial ( and name of the court ) in the complaint is essential for many purposes of the action . — Merrill v . Grinnell , 10 How . Pr ...
Strana 68
... damage . - Butler v . Howes , 7 Cal . , Jan. T. 2. The complaint , consisting in words not on their face libelous ... damages , if the evidence satisfies them that the defendant published the libel with intent to injure the character ...
... damage . - Butler v . Howes , 7 Cal . , Jan. T. 2. The complaint , consisting in words not on their face libelous ... damages , if the evidence satisfies them that the defendant published the libel with intent to injure the character ...
Strana 69
... damages ; and whether he prove the justification or not , he may give in evidence the mitigating circumstances . 1. The defendant may prove , in mitigation of damages , facts and circumstances which disprove malice , although they tend ...
... damages ; and whether he prove the justification or not , he may give in evidence the mitigating circumstances . 1. The defendant may prove , in mitigation of damages , facts and circumstances which disprove malice , although they tend ...
Strana 70
... damages , whether he justifies or not . - Stiles v . Comstock , 9 How . Pr . , 48 . 7. The defendant may allege , in his answer , the truth of the charge , in justification , and also facts tending to prove its truth , in mitigation of ...
... damages , whether he justifies or not . - Stiles v . Comstock , 9 How . Pr . , 48 . 7. The defendant may allege , in his answer , the truth of the charge , in justification , and also facts tending to prove its truth , in mitigation of ...
Strana 71
... , be taken as true . The allegation of new matter in the answer shall , on the trial , be deemed controverted by the adverse party . Amd Len sen 4. Value of property destroyed , and damages for Every material accigation of the complanit or.
... , be taken as true . The allegation of new matter in the answer shall , on the trial , be deemed controverted by the adverse party . Amd Len sen 4. Value of property destroyed , and damages for Every material accigation of the complanit or.
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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 or proceeding adjournment adverse party affidavit alleged allowed amended amount answer appeal application appointed April arrest attachment attorney bail Barb cause of action certified CHAPTER civil action clerk complaint copy costs county clerk county court county judge court of sessions court or judge creditor damages deemed defendant demurrer deposition direct discharged district court docket Duer entered entitled evidence execution facts filed granted hundred dollars injunction interest issue judgment debtor judgment or order jurisdiction jury justice liable lien ment misjoinder Monday mortgage motion notice oath officer payment pending personal property plaintiff pleading possession probate court proceed purchaser real property record recover redemptioner referee rendered reside San Luis Obispo served sheriff specified statute sufficient summons supreme court sureties taken therein thereof tion trial undertaking unlawful detainer 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...