THE CODE OF CIVIL PROCEDURE OF THR STATE OF CALIFORNIA. ANNOTATED BY CREED HAYMOND AND JOHN C. BURCH, OF THE CALIFORNIA CODE COMMISSION. In Two Volumes. VOL. I. FIRST EDITION. SAN FRANCISCO: A. L. BANCROFT & COMPANY, 721 MARKET STREET, 1874. L 9694 Entered, according to the Act of Congress, August 22d, 1872, by HAYMOND & CO., In the office of the Librarian of Congress, at Washington. DEDICATION. TO THE HONORABLE THE SUPREME COURT OF THE STATE OF CALIFORNIA; To the decisions of which tribunal the authors are mainly indebted for the greater certainty and correctness of their notes, this Code is respectfully inscribed. NOTE. The List of Abbreviations in Vol. I of THE CIVIL CODE must be used as an index to the abbreviations in this. AUTHORS. PREFACE. THE authors, in presenting this Annotated Edition of THE CODE OF CIVIL PROCEDURE, deem it unnecessary to do more than to reiterate that their best energies, which the time occupied in the work permitted them to exert, have been expended in preparing references to leading cases on the subject of the 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 Cameron H. King, Esq., and the authors take pleasure in recognizing the services. of that gentleman. They avail themselves of the flattering reports of the Advisory and Legislative Committees, made upon the work when presented, as an indorsement of the correctness and utility of the text: To His Excellency, NEWTON BOOTH, Governor of the State of California: The Advisory Committee on the Revision of the Laws have the honor to submit to you, and through you to the Legislature, their report upon THE CODE OF CIVIL PROCEDURE. They have made a careful and critical examination of THE CODE OF CIVIL PROCEDURE prepared by the Revision Commission. In doing so they have compared it, section by section, with our existing laws, and also with the Codes of some of the most populous States. In the performance of this labor, they have constantly consulted with the Commissioners, and suggested such amendments as they deemed advisable. This Code is divided into Four Parts. Part I treats of Courts of justice, their organization, jurisdiction, and terms; of judicial officers; of jurors, their qualifications and the manner of selecting them; of the ministerial officers of a Court of justice, |