The Code of Civil Procedure of the State of California, Volume 1A.L. Bancroft, 1874 - Civil procedure |
From inside the book
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Page vi
... tion to the preparation of cases for appeal , or for hearing on motion for a new trial . For the cumbersome system of state- ments and counter statements , a system founded upon bills of exception has been adopted ; the system adopted ...
... tion to the preparation of cases for appeal , or for hearing on motion for a new trial . For the cumbersome system of state- ments and counter statements , a system founded upon bills of exception has been adopted ; the system adopted ...
Page xix
... tion on the of death disability pending appeal , party pending an appeal , his representative shall be suggestion substituted in the suit , by suggestion in writing , on the other part of such representative , or of any party on the of ...
... tion on the of death disability pending appeal , party pending an appeal , his representative shall be suggestion substituted in the suit , by suggestion in writing , on the other part of such representative , or of any party on the of ...
Page xxvi
... tion shall , in addition to the necessary matter requisite by the rules of law to support the application , also set forth the circumstances which , in the opinion of the applicant , render it proper that the writ should issue ...
... tion shall , in addition to the necessary matter requisite by the rules of law to support the application , also set forth the circumstances which , in the opinion of the applicant , render it proper that the writ should issue ...
Page 6
... tion of Code . SECTION 30. Civil action , by whom prosecuted . 31. Criminal actions . 32. Civil and criminal remedies not merged . 2. This Code takes effect at twelve o'clock noon , on the first day of January , eighteen hundred and ...
... tion of Code . SECTION 30. Civil action , by whom prosecuted . 31. Criminal actions . 32. Civil and criminal remedies not merged . 2. This Code takes effect at twelve o'clock noon , on the first day of January , eighteen hundred and ...
Page 7
... Construc- tion of repeal as to 7. When any office is abolished by the repeal of any Act , and such Act is not in substance reenacted certain officers . Actions , etc. , not this Code . or continued CODE OF CIVIL PROCEDURE . 7.
... Construc- tion of repeal as to 7. When any office is abolished by the repeal of any Act , and such Act is not in substance reenacted certain officers . Actions , etc. , not this Code . or continued CODE OF CIVIL PROCEDURE . 7.
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Common terms and phrases
9 Cal action adverse possession affidavit alleged allowed Amended amount answer appeal application appointed attachment attorney authority brought cause City civil claim Clerk Code commenced complaint Constitution contract County Court damages debt defendant demand determine direct District Court dollars effect election entered equity evidence execution existing fact filed follows give given granted ground held hold hundred intention interest issue January Judge judgment judicial July June jurisdiction jurors jury Justice land lien limited March matter ment Monday motion necessary NOTE.-Stats notice objection October officer original party person plaintiff pleading possession Probate Court proceedings question reason record recover rendered respect rule September served Sheriff statute sufficient suit summons Supreme Court taken thereof third tion trial unless verdict writ
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...