The Code of Civil Procedure of the State of California, Volume 1H.S. Crocker, 1872 - Civil procedure |
From inside the book
Results 1-5 of 83
Page v
... practice of the law , and correctly pointing their application by copying from the body of the decisions themselves , rather than relying upon the imperfect digests which they might have used . Many of the annotations were prepared by ...
... practice of the law , and correctly pointing their application by copying from the body of the decisions themselves , rather than relying upon the imperfect digests which they might have used . Many of the annotations were prepared by ...
Page vi
... practice in relation to new trials , but we consider this a great improvement . In many instances , where the Supreme Court has pointed out defects in the practice , the defects have been cured . The Title on Eminent Domain is new and ...
... practice in relation to new trials , but we consider this a great improvement . In many instances , where the Supreme Court has pointed out defects in the practice , the defects have been cured . The Title on Eminent Domain is new and ...
Page vii
California Creed Haymond. rience in the practice but will say that this change alone , intro- ducing certainty where all is uncertainty , is worth the whole cost of the revision . After a careful examination , we give to this Code our ...
California Creed Haymond. rience in the practice but will say that this change alone , intro- ducing certainty where all is uncertainty , is worth the whole cost of the revision . After a careful examination , we give to this Code our ...
Page xii
... practice as at- torneys and counselors will be examined in open Court , on the first day of the term , and on that day only . Persons applying for admission otherwise than upon examination must personally appear in Court at the time the ...
... practice as at- torneys and counselors will be examined in open Court , on the first day of the term , and on that day only . Persons applying for admission otherwise than upon examination must personally appear in Court at the time the ...
Page xiii
... practice . NOTE . - See Ex Parte Snelling , Oct. Term , 1872 , cited in note to Sec . 279 of this Code . transcripts , points , and and service authorities , RULE 2. The appellant in a civil action shall , Filing within forty days after ...
... practice . NOTE . - See Ex Parte Snelling , Oct. Term , 1872 , cited in note to Sec . 279 of this Code . transcripts , points , and and service authorities , RULE 2. The appellant in a civil action shall , Filing within forty days after ...
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Other editions - View all
Common terms and phrases
9 Cal action or proceeding adjourned adverse possession affidavit alleged amended amount answer appear appellate jurisdiction application appointed assignment attorney authority averment Blankman cause of action civil actions claim Clerk Code commenced common law complaint Constitution contract County Court County of San Court has jurisdiction Court of equity Courts of record criminal damages debt decree defendant demurrer District Court election enforce fact filed held as follows interest issue judgment Judicial District July jurisdic jurors jury Legislature matter ment Monday of February Monday of January Monday of March mortgage motion note to Sec NOTE.-See NOTE.-Stats notice November October party person plaintiff pleading Probate Court real property recover remedy remittitur rule San Francisco second Monday September Sheriff special proceedings Statute of Limitations suit summons Supreme Court therein thereof third Monday tion trial unlawful detainer writs of mandate
Popular passages
Page 232 - 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 39 - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Page 42 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Page 570 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial ; 5 Excessive damages, appearing to have been given under the influence of passion or prejudice; 6.
Page 250 - 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 246 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the Court...
Page 240 - 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 a plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 539 - In every action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases, the court may direct the jury to find a special verdict in writing, upon all or any of the issues ; and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Page 725 - ... during the possession of such property by the appellant, he will not commit or suffer to be committed any waste thereon...
Page 534 - The verdict of a jury is either general or special. A general verdict, is that by which they pronounce generally upon all or any of the issues either in favor of the plaintiff or defendant. A special verdict is that "by which the jury find the facts only, leaving the judgment to the court.