The California Practice Act: Being an Act Entitled "An Act to Regulate Proceedings in Civil Cases in the Courts of Justice in this State", Passed April 29, 1851, and Amended May 18, 1853; May 18, 1854; April 28, May 4, and May 7, 1855; February 20, 1857; March 24, and April 15, 1858; February 21, March 28, April 2, and April 12, 1859; April 28, 1860. Also "An Act Concerning the Courts of Justice of this State, and Judicial Officers", Passed May 19, 1853; and Also, "An Act Concerning Forcible Entries and Unlawful Detainers", Passed April 22, 1850"Being an act entitled "An act to regulate proceedings in civil cases in the courts of justice in this state", passed April 29, 1851, and amended May 18, 1853 ; May 18, 1854 ; April 28, May 4, and May 7, 1855 ; February 20, 1857 ; March 24, and April 15, 1858 ; February 21, March 28, April 2, and April 12, 1859 ; April 28, 1860. Also "An act concerning the courts of justice of this state, and judicial officers", passed May 19, 1853 ; and also, "An act concerning forcible entries and unlawful detainers", passed April 22, 1850." |
From inside the book
Results 1-5 of 45
Page 10
... authority necessary for a trial . 4. [ 1854 , 1855. * ] Every action shall be prosecuted in the name of the real party in interest , except as otherwise provided in this act ; but in suits brought by the assignee of an account ...
... authority necessary for a trial . 4. [ 1854 , 1855. * ] Every action shall be prosecuted in the name of the real party in interest , except as otherwise provided in this act ; but in suits brought by the assignee of an account ...
Page 13
... authority to sue on their behalf , is a trustee of an express trust . Myers v . Machado , 6 Abbott , 198 . 7. When a married woman is a party her husband shall be joined with her ; except that , 1st . When the action concerns her ...
... authority to sue on their behalf , is a trustee of an express trust . Myers v . Machado , 6 Abbott , 198 . 7. When a married woman is a party her husband shall be joined with her ; except that , 1st . When the action concerns her ...
Page 19
... authority exercised under the United States , and the decision is against their validity ; or where is drawn in question the validity of a statute of , or an authority exercised under this state , on the ground of their being repugnant ...
... authority exercised under the United States , and the decision is against their validity ; or where is drawn in question the validity of a statute of , or an authority exercised under this state , on the ground of their being repugnant ...
Page 35
... authority given plaintiff to sue on its behalf . An allegation that plaintiff was duly authorized to bring the action , is not an allegation of fact , but merely of a conclusion of law . Myers v . Machado , 6 Abbott , 198 . 39. An ...
... authority given plaintiff to sue on its behalf . An allegation that plaintiff was duly authorized to bring the action , is not an allegation of fact , but merely of a conclusion of law . Myers v . Machado , 6 Abbott , 198 . 39. An ...
Page 36
... authority to sue on their behalf . Myers v . Machado , 6 Abbott , 198 . 40. In an action for false imprisonment , the particular instrumentality by which the plaintiff was deprived of his liberty should not be set out in the complaint ...
... authority to sue on their behalf . Myers v . Machado , 6 Abbott , 198 . 40. In an action for false imprisonment , the particular instrumentality by which the plaintiff was deprived of his liberty should not be set out in the complaint ...
Common terms and phrases
9 Cal 9 ib Abbott action or proceeding adverse party affidavit alleged allowed amended amount answer appeal appellate court application arrest attachment attorney bail Barb bond cause of action certified CHAPTER civil action clerk complaint copy costs counter claim county court county judge court of equity court of sessions creditor damages debt default defendant demurrer deposition direct discharge district court Duer El Dorado county entered entitled equity evidence execution facts filed granted homestead hundred dollars injunction issue judgment debtor jurisdiction jury justice levy liable lien ment misjoinder mortgage motion notice oath officer personal property plaintiff pleading possession probate court proceed purchaser real property record recover redemptioner referee refusing rendered replevin residence served sheriff specified statement Statutes of 1854 sufficient suit summons supreme court sureties taken therein thereof tion transcript trial undertaking unless verdict vols witness writ
Popular passages
Page 16 - 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 then order them to be brought in...
Page 117 - In every action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases, the court may direct the jury to find a special verdict in writing, upon all or any of the issues...
Page 19 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Page 12 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Page 169 - A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
Page 86 - The plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment, as in this chapter provided, in the following cases : 1.
Page 172 - If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint to the satisfaction of the court, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners...
Page 289 - When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed.
Page 48 - When cross -demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.
Page 16 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.