The Code of Civil Procedure of the State of California, Volume 1A.L. Bancroft, 1874 - Civil procedure |
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Results 1-5 of 60
Page 14
... decree having been made in an action , if a party to the action institutes proceed- ings to enforce it , it is a proceeding in the action , and not a special proceeding . - Pitt vs. Davison , 37 N. Y. , p . 235 ; 34 How . , p . 374 ; 3 ...
... decree having been made in an action , if a party to the action institutes proceed- ings to enforce it , it is a proceeding in the action , and not a special proceeding . - Pitt vs. Davison , 37 N. Y. , p . 235 ; 34 How . , p . 374 ; 3 ...
Page 25
... decrees of another Court of concurrent jurisdic- tion . The only case in which it will be allowed is where the Court in which the action or proceeding is pending is unable , by reason of its jurisdiction , to afford the relief sought ...
... decrees of another Court of concurrent jurisdic- tion . The only case in which it will be allowed is where the Court in which the action or proceeding is pending is unable , by reason of its jurisdiction , to afford the relief sought ...
Page 26
... decree of another Court of coördinate jurisdiction , unless it plainly appear that the Court rendering the judgment or decree under which proceedings are sought to be stayed " is unable by reason of its jurisdiction to afford the relief ...
... decree of another Court of coördinate jurisdiction , unless it plainly appear that the Court rendering the judgment or decree under which proceedings are sought to be stayed " is unable by reason of its jurisdiction to afford the relief ...
Page 28
... decree specific performance . See Ranelaugh vs. Hayes , 1 Vernon , p . 189 ; Champion vs. Brown , 6 Johns . , Chap . 389 ; Chamberlain vs. Blue , 6 Blackf . , p . 491 ; White vs. Fratt , 13 Cal . , p . 521. But equity will not assume ...
... decree specific performance . See Ranelaugh vs. Hayes , 1 Vernon , p . 189 ; Champion vs. Brown , 6 Johns . , Chap . 389 ; Chamberlain vs. Blue , 6 Blackf . , p . 491 ; White vs. Fratt , 13 Cal . , p . 521. But equity will not assume ...
Page 29
... DECREE ALIMONY.- A Court of equity has jurisdiction to decree alimony in an action which has no reference to a divorce or sep- aration . Galland vs. Galland , 38 Cal . , p . 265 ; see dissenting opinion in same case . 38. JURISDICTION ...
... DECREE ALIMONY.- A Court of equity has jurisdiction to decree alimony in an action which has no reference to a divorce or sep- aration . Galland vs. Galland , 38 Cal . , p . 265 ; see dissenting opinion in same case . 38. JURISDICTION ...
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Common terms and phrases
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Popular passages
Page 377 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 654 - Anything which is injurious to health, or 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, is a nuisance, and the subject of an action.
Page 234 - 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 542 - 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.
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 510 - In other actions, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted...
Page 224 - When the death of a person not being a minor, or when the death of a minor person who leaves surviving him either a husband or wife or child or children, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Page 559 - Where the trial of an issue of fact shall require the examination of a long account on either side ; in which case the referees may be directed to hear and decide the whole issue, or to report , upon any specific question of fact involved therein ; or, 2.
Page 570 - Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors; 3.
Page 406 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...