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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 Officers,passed May 19,
1853; and, also, “An Act concerning Forcible Entries and Unlawful

Detainers," passed April 22, 1850.

Second Edition, Revised and Enlarged.

BY HENRY J. LABATT,
COUNSELOR AT LAW, SAN FRANCISCO, CAL.

“ Law Practice is imperfect at the best.”-H. W. WARNER.

SAN FRANCISCO:
WHITTON, TOWNE & CO., PRINTERS AND PUBLISHERS,

CLAY, SANSOME AND COMMERCIAL STREETS,

Entrance on Clay.

1858.

L 7997

AUG 14 1933

Entered according to Act of Congress, in the year 1856, by

HENRY J. LABATT, In the Clerk's Office of the District Court, for the Northern District of California

Entered according to Act of Congress, in the year 1858, by

HENRY J. LABATT, In the Clerk's Office of the District Court, for the Northern District of California

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INTRODUCTION

TO THE FIRST EDITION.

In presenting this work to the profession, the object of the compiler has been to lessen the difficulty experienced in the preparation and trial of causes, from a want of knowledge of our code of civil practice, by attorneys assembled here from the various States of the Union. This difficulty induced him to collect such precedents as our Courts had established, and such others as would prove useful in the application of the code.

Authorities are added, which have emanated from the Fourth, Sixth and Twelfth Judicial District Courts, and the Superior Court of the City of San Francisco, which will elucidate points of practice not yet settled on appeal by the Supreme Court.

By letter addressed to each of the District Judges in the State, they were respectfully requested to furnish such decisions upon practice as they had made, which were not adjudicated upon in the Supreme Court, and such as have been received have been given in the following pages.

A copious index will be found, referring to each section, under the head of any principal word or phrase therein.

An Appendix, containing a digest of decisions on “ Homestead,” and “Mining and Water Courses, in this State, and the Rules of the Supreme Court, has been added, as useful to the profession.

The amendments of 1855 are incorporated in the body of the Act. In the references to the decisions of the Supreme Court since 1854, the compiler has used the pamphlet edition of the Sacramento Union, which must excuse any incorrectness that otherwise might have been avoided.

HENRY J. LABATT.

San Francisco, April, 1856.

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