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; Feb. 20, 1857; March 24, and April 15, 1858; Also "An Act Concerning the Courts of Justice of this State, and Judicial Officiers," Passed May 19, 1853; and Also, "An Act Concerning Forcible Entries and Unlawful Detainers," Passed April 22, 1850 |
From inside the book
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Page 18
... notice thereof . 1. The presence of the county judge and clerk of the convention is not essential , and if they refuse to attend , the election by the justices will still be valid . Gorham v . Campbell , 2 Cal . , 135 . 2. The court of ...
... notice thereof . 1. The presence of the county judge and clerk of the convention is not essential , and if they refuse to attend , the election by the justices will still be valid . Gorham v . Campbell , 2 Cal . , 135 . 2. The court of ...
Page 35
... notice of the assignment ; but this section shall not apply to a negotiable promissory note , or bill of ex- change , transferred in good faith , and upon good consideration before due . 1. If plaintiff was assignee in good faith , and ...
... notice of the assignment ; but this section shall not apply to a negotiable promissory note , or bill of ex- change , transferred in good faith , and upon good consideration before due . 1. If plaintiff was assignee in good faith , and ...
Page 40
... notice , cause therein a notice in writing , to be served on the parties , which notice shall inform them of the time and place of trial ; in other cases the action or proceeding shall proceed in the manner provided for by law in such ...
... notice , cause therein a notice in writing , to be served on the parties , which notice shall inform them of the time and place of trial ; in other cases the action or proceeding shall proceed in the manner provided for by law in such ...
Page 41
... notice , in writing , with the clerk , of his intention to remove the cause by writ of error , to the supreme court of the United States , and shall offer suffi- cient security , to be approved by the judge of the supreme court , or any ...
... notice , in writing , with the clerk , of his intention to remove the cause by writ of error , to the supreme court of the United States , and shall offer suffi- cient security , to be approved by the judge of the supreme court , or any ...
Page 46
... notice , in sub- stance as follows : 1st . In an action arising on contract for the recovery only of money or damages , that the plaintiff will take judgment for a sum specified therein , if the defendant fail to answer the complaint ...
... notice , in sub- stance as follows : 1st . In an action arising on contract for the recovery only of money or damages , that the plaintiff will take judgment for a sum specified therein , if the defendant fail to answer the complaint ...
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Common terms and phrases
Abbott action or proceeding adjournment adverse party affidavit alleged allowed amended amount answer appeal application appointed April arrest attachment attorney bail Barb cause of action certified CHAPTER civil action clerk complaint copy costs counter claim county clerk county court county judge court of sessions court or judge creditor damages deemed defendant demurrer deposition direct discharge district court docket Duer entered entitled evidence examination execution facts filed granted hundred dollars injunction issue judgment debtor judgment or order jurisdiction jury justice liable lien manner ment misjoinder Monday mortgage motion notice oath officer payment pending personal property plaintiff pleading possession probate court proceed real property record recover redemptioner referee rendered reside served sheriff specified statement statute sufficient suit summons supreme court sureties taken therein thereof tion trial undertaking unlawful detainer unless verdict witness writ
Popular passages
Page 41 - ... 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 35 - 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 76 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Page 104 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 157 - 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 268 - When two or more persons, associated in any business, transact such business under a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates ; and the judgment in the action shall bind the joint property of all the associates, and the individual property of the party or parties served with process, in the same manner as if all had been named defendants and had been sued...
Page 97 - All persons having in their possession, or under their control, any credits or other personal property belonging to the defendant, or...
Page 233 - When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state...
Page 196 - ... during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other, during the marriage; but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other.
Page 35 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.