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 Forcible Entries and Unlawful Detainers, the Insolvent Act, and the Rules of the Supreme Court

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H.H. Bancroft, 1863 - Bankruptcy - 667 pages
As amended, with notes and references, and an appendix containing the act concerning courts of justice, the act concerning forcible entries and unlawful detainers, the insolvent act, and the rules of the Supreme Court.
 

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Page 31 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 321 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 129 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 170 - The plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment, as in this chapter provided, in the following cases : 1.
Page 471 - The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business ; and...
Page 413 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Page 104 - When cross -demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.
Page 423 - The testimony of a witness in this State may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases: 1.
Page 37 - ... committed on a lake, river or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed. 2d. Against a public officer or person especially appointed to execute his duties, for an act done by him in virtue of his office...
Page 30 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.

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