67; Matter of the Graduates, 20 How., p. 1; 11 Abb.,
p. 301. Nor a summary proceeding to remove tenant
from possession of demised premises.-People vs. Ham-
ilton, 15 Abb., p. 328; 39 N. Y., p. 107; People vs.
Boardman, 4 Keyes, p. 59. Nor an application for
injunction which before answer is not an ordinary pro-
ceeding in the action.-Becker vs. Hagar, 8 How., p.
68; see Wait's N. Y. Code, Sec. 2.

23. Every other remedy is a special proceeding..

NOTE.-What is a special proceeding? Punishment
of contempts.-See Holstein vs. Rice, 24 How., p. 135;
15 Abb., p. 307; Forbes vs. Willard, 54 Barb., p. 520;
37 How., p. 193. Mandamus a special proceeding.-
See People vs. Schoonmaker, 19 Barb., p. 658; but see
People vs. Lewis, 28 How., p. 159; Ct. of App., s. c.,
28 How., p. 470. Proceedings supplementary to execu-
tion have been held not to be special proceedings.-
Dresser vs. Van Pelt, 6 Duer, p. 688; 15 How., p. 19.
In the Matter of Dobb, 27 N. Y., p. 629, it was held
that "to be a special proceeding in the sense of the
(N. Y.) Code, there must be a litigation in a Court of
justice;" but a different opinion is entertained in People
vs. Commissioners of Highways, etc., 27 How., p. 158;
People vs. Boardman, 4 Keyes, p. 59. Part III of this
Code treats of all such special proceedings as writs of
mandate and prohibition.—Secs. 1067-1110. Contest-
ing elections.-Secs. 1111-1127. Summary proceed

ings.-Secs. 1132-1178. Enforcement of liens.-Secs.
1180-1206. Contempts.-Secs. 1209-1222. Voluntary
dissolution of corporations.-Secs. 1227–1233. Eminent
domain (condemnation of private property).-Secs. 1237-
1263. Escheated estates.-Secs. 1269-1272. Change of
names.-Secs. 1275-1278. Arbitrations.-Secs. 1281-
1290. Proceedings in Probate Courts.-Secs. 1298-1346.
Of sole traders.-Secs. 1811-1821. Proceedings in
insolvency.-Sec. 1822. "Special cases " have been
defined to be "special proceedings," characteristically
differing from ordinary suits at common law, but em-
bracing such matters as writs of quo warranto, man-
damus, inquisitions of lunacy, and the like.-Jacks vs.
Day, 15 Cal., p. 91; Saunders vs. Haynes, 13 Cal., p.
145; People vs. Shoemaker, 19 Barb., p. 657; Kun-
dolph vs. Thalheimer, 2 Kernan, p. 593; see, however,
Parsons vs. Tuolumne Water Co., 5 Cal., p. 43; and
Brock vs. Herrick, 5 Cal., p. 279. Proceedings for
partition are special proceedings.-Waterman vs. Law-
rence, 19 Cal., p. 218.

Special proceeding defined.

Actions are of two kinds:

1. Civil; and,

2. Criminal.

25. A civil action arises out of:

1. An obligation;

2. An injury.

Obligation 26. An obligation is a legal duty, by which one

defined.

Amended 1873

person is bound to the performance of an act towards
another, and arises from:

1. The contract of the parties; or,
2. The operation of law.

27. An injury is of two kinds:
1. To the person; and,

2. To property.

28. An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it.

29. Every other injury is an injury to the person. 30. A civil action is prosecuted by one party against another for the enforcement or protection of a right, or the redress or prevention of a wrong.

31. THE PENAL CODE defines and provides for the prosecution of a criminal action.

32. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.

NOTE.-Civil remedies are not merged in felonies, nor are they suspended until the conviction of the offender.-Gordon vs. Hostetter, 37 N. Y., p. 99; 4 Abb., (N. S.), p. 263; 4 Trans. App., p. 375; Wait's Ann. N. Y. Code, Sec. 7.

PART I.

OF COURTS OF JUSTICE.

3-VOL. I.

PART I.

OF COURTS OF JUSTICE.

TITLE I.

OF THEIR ORGANIZATION, JURISDICTION, AND TERMS.

CHAPTER I. Of Courts of justice in general.

II. Of the Court for the trial of impeach

ments.

III. Of the Supreme Court.
IV. Of the District Courts.

V. Of the County Courts.

VI. Of the Probate Courts.

VII. Of the Municipal Criminal Court of
San Francisco.

VIII. Of Justices' Courts.

IX. Of Police Courts.

X. General provisions respecting Courts of justice.

CHAPTER I.

COURTS OF JUSTICE IN GENERAL.

SECTION 33. The several Courts of this State.

34. Courts of record.

33. The following are the Courts of justice of this State: