The Code of Civil Procedure of the State of California: Adopted March 11th, 1872, to Take Effect January 1st, 1873 : with References to the Decisions of the Supreme Court, and Notes Showing the Changes Made in the Different Statutes Consolidated in the Code, Since Their Original Adoption |
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Page 43
... manner provided by law , from courts held by justices of the peace , recorders , and other inferior municipal courts in their respective counties . " 36. The county courts and the judges thereof shall have power to issue writs of habeas ...
... manner provided by law , from courts held by justices of the peace , recorders , and other inferior municipal courts in their respective counties . " 36. The county courts and the judges thereof shall have power to issue writs of habeas ...
Page 52
... manner connected with a judicial proceeding before it , in every matter appertaining thereto . 6. To compel the attendance of persons , to testify , in an action or proceeding pending therein , in the cases and manner provided in this ...
... manner connected with a judicial proceeding before it , in every matter appertaining thereto . 6. To compel the attendance of persons , to testify , in an action or proceeding pending therein , in the cases and manner provided in this ...
Page 62
... manner provided in this code . 4. To administer oaths to persons in a proceeding pending before him , and in all other cases where it may be necessary , in the exercise of his powers and duties . See N. Y. C. C. P. §§ 184 , 222 . 178 ...
... manner provided in this code . 4. To administer oaths to persons in a proceeding pending before him , and in all other cases where it may be necessary , in the exercise of his powers and duties . See N. Y. C. C. P. §§ 184 , 222 . 178 ...
Page 64
... manner . See stat . 1863 , 344 . 187. When jurisdiction is , by this code or by any other statute , conferred on a court or judicial officer , all the means necessary to carry it into effect are also given , and in the exer- cise of the ...
... manner . See stat . 1863 , 344 . 187. When jurisdiction is , by this code or by any other statute , conferred on a court or judicial officer , all the means necessary to carry it into effect are also given , and in the exer- cise of the ...
Page 65
... MANNER OF SELECTING AND RETURNING JURORS FOR COURTS OF RECORD . IV . TIME AND MANNER OF DRAWING JURORS FOR COURTS OF V. VI . VII . VIII . RECORD . MANNER OF SUMMONING JURORS FOR COURTS OF RECORD . MANNER OF SUMMONING JURORS FOR COURTS ...
... MANNER OF SELECTING AND RETURNING JURORS FOR COURTS OF RECORD . IV . TIME AND MANNER OF DRAWING JURORS FOR COURTS OF V. VI . VII . VIII . RECORD . MANNER OF SUMMONING JURORS FOR COURTS OF RECORD . MANNER OF SUMMONING JURORS FOR COURTS ...
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The Code of Civil Procedure of the State of California: Adopted March 11th ... Warren Olney No preview available - 2017 |
Common terms and phrases
3d Monday 9 Cal action or proceeding added the words adverse party affidavit allowed amount answer appear application appointed attachment attorney bond cause of action certified CHAPTER civil action claim clerk commenced complaint copy costs county clerk county court county judge court or judge creditor debts decedent decree deemed defendant demurrer deposit direct district court docket entitled evidence execution executor or administrator fact filed granted guardian hearing inserted the words interest issue judgment debtor jurisdiction jurors jury justice letters of administration letters testamentary liable lien manner ment notice oath officer omitted the words payment personal property petition plaintiff pleadings possession probate court probate judge proceed proof real estate real property record redemptioner referee rendered residence served sheriff sold specified Stat statute subdivision summons sureties term therein thereof thereto tion trial undertaking unless verdict Vide witness writ writing
Popular passages
Page 108 - 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 73 - An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property; 4. An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party, of the facts constituting the fraud or mistake.
Page 344 - Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties.
Page 86 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 116 - In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state, generally, that the same was published or spoken concerning the plaintiff"; and if such allegation be controverted, the plaintiff must establish on the trial that it was so published or spoken.
Page 84 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants ; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 85 - Any person may before the trial, intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons...
Page 76 - Within the age of majority; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life; or, 4.
Page 581 - A licensed physician or surgeon cannot, without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient.
Page 183 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.