Entered according to Act of Congress, in the year 1856, by HENRY J. LABATT, In the Clerk's Office of the District Court, for the Northern District of California Entered according to Act of Congress, in the year 1858, by In the Clerk's Office of the District Court, for the Northern District of California INTRODUCTION RA50 A4 1858 Documento Dept. TO THE FIRST EDITION. IN presenting this work to the profession, the object of the compiler has been to lessen the difficulty experienced in the preparation and trial of causes, from a want of knowledge of our code of civil practice, by attorneys assembled here from the various States of the Union. This difficulty induced him to collect such precedents as our Courts had established, and such others as would prove useful in the application of the code. Authorities are added, which have emanated from the Fourth, Sixth and Twelfth Judicial District Courts, and the Superior Court of the City of San Francisco, which will elucidate points of practice not yet settled on appeal by the Supreme Court. By letter addressed to each of the District Judges in the State, they were respectfully requested to furnish such decisions upon practice as they had made, which were not adjudicated upon in the Supreme Court, and such as have been received have been given in the following pages. A copious index will be found, referring to each section, under the head of any principal word or phrase therein. An Appendix, containing a digest of decisions on "Homestead,” and “Mining and Water Courses, in this State, and the Rules of the Supreme Court, has been added, as useful to the profession. The amendments of 1855 are incorporated in the body of the Act. In the references to the decisions of the Supreme Court since 1854, the compiler has used the pamphlet edition of the Sacramento Union, which must excuse any incorrectness that otherwise might have been avoided. SAN FRANCISCO, April, 1856. HENRY J. LABATT. M508259 INTRODUCTION TO THE SECOND EDITION. THE first edition of the Annotated Practice Act of California having been gladly received by the profession in the State, it has been deemed advisable to issue a second, carefully revised, in which are incorporated the Amendments to the Act of the Legislatures of 1857 and 1858, and the decisions of the Supreme Court since April, 1856, and also the new Rules of the Supreme Court. Practice decisions have also been supplied from the latest New York Reports, comprising the 15th New York (1 Smith's Court of Appeals,) 4th Kernan, 6th Selden, 24th Barbour, 14th Howard, 6th Abbott, 5th Duer and 3d E. D. Smith. The District Court rulings heretofore inserted have been omitted, as they offered little authority, where no opportunity could be had of reading a full opinion thereupon. There is annexed the "Act concerning the Courts of Justice of this State, and Judicial Officers," as also the "Act concerning Forcible Entries and Unlawful Detainers," with annotations thereto of decisions rendered. The figures in brackets, succeeding the section number, denote the year in which the section had been amended, and the amendments of 1857 and 1858 are in italic. SAN FRANCISCo, May, 1858. HENRY J. LABATT. |