The Code of Civil Procedure of the State of California: Adopted March 11th, 1872, and Amended in 1885. With Notes and References to the Decisions of the Supreme Court |
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Page 70
... verdict ; 2. To receive a verdict , or discharge a jury ; 3. For the exercise of the powers of a magistrate in a criminal action , or in a proceeding of a criminal nature ; provided , that the Supreme Court shall always be open for the ...
... verdict ; 2. To receive a verdict , or discharge a jury ; 3. For the exercise of the powers of a magistrate in a criminal action , or in a proceeding of a criminal nature ; provided , that the Supreme Court shall always be open for the ...
Page 85
... verdict , a question of fact . Trial by jury - secs . 600-619 . Verdict - when need not be unanimous , Const . Cal . art . 1 , sec . 7. See also , sec . 618 . § 194. A trial jury shall consist of twelve men ; pro- vided , that in civil ...
... verdict , a question of fact . Trial by jury - secs . 600-619 . Verdict - when need not be unanimous , Const . Cal . art . 1 , sec . 7. See also , sec . 618 . § 194. A trial jury shall consist of twelve men ; pro- vided , that in civil ...
Page 102
... verdict therein is entered ; and where the testi- mony is transcribed , the party or parties ordering it shall pay ten cents per folio for such transcription on delivery thereof ; said per diem and transcription fees to be paid to the ...
... verdict therein is entered ; and where the testi- mony is transcribed , the party or parties ordering it shall pay ten cents per folio for such transcription on delivery thereof ; said per diem and transcription fees to be paid to the ...
Page 203
... verdict confines judgment , 2 Cal . 192 : striking out prayer is waiver , 23 Cal . 232 : any relief covered by complaint , 34 Cal . 78 ; 48 Cal . 171 ; 53 Cal . 287. Relief beyond complaint , in excess of prayer , 2 Cal . 283 ; 10 Cal ...
... verdict confines judgment , 2 Cal . 192 : striking out prayer is waiver , 23 Cal . 232 : any relief covered by complaint , 34 Cal . 78 ; 48 Cal . 171 ; 53 Cal . 287. Relief beyond complaint , in excess of prayer , 2 Cal . 283 ; 10 Cal ...
Page 205
... verdict or final sub- mission , the party entitled to judgment neglects to de- mand and have the same entered for more than six months . The dismissal mentioned in the first two subdivisions is made by entry in the clerk's register ...
... verdict or final sub- mission , the party entitled to judgment neglects to de- mand and have the same entered for more than six months . The dismissal mentioned in the first two subdivisions is made by entry in the clerk's register ...
Other editions - View all
The Code of Civil Procedure of the State of California: Adopted March 11th ... California No preview available - 1880 |
The Code of Civil Procedure of the State of California: Adopted March 11th ... California,California Supreme Court No preview available - 2015 |
Common terms and phrases
9 Cal action or proceeding adverse party affidavit allowed amendment amount answer appeal application appointed assignment attachment attorney bond cause of action certified CHAPTER city and county civil action Civil Code claim clerk CODE CIV commenced complaint contract conveyance copy costs court or judge creditor debtor debts decedent defendant demurrer deposited discharge effect April 16th effect July 1st effect March entitled entry estoppel evidence execution executor or administrator fact filed granted guardian infra insolvent interest issue judge thereof judgment judgment debtor jurisdiction jurors jury justice letters testamentary liability lien manner ment mortgage motion notice oath payment personal property petition plaintiff pleadings possession probate proof real estate real property record referee served sheriff specified statute subd SUBDIVISION sufficient summons Superior Court sureties therein tion trial undertaking unlawful detainer verdict West witness writ writing
Popular passages
Page 106 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. So HELP ME GOD.
Page 131 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 131 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death; or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section such damages may be given as under all the circumstances of the case may be just.
Page 135 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
Page 203 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 594 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 131 - A father, or in case of his death or desertion of his family, the mother, may maintain...
Page 168 - ... and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon such terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this...
Page 164 - In pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading must establish on the trial the facts conferring jurisdiction.
Page 314 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.