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 ... |
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Page 10
... trial , or refusing to change the place of trial of an action or proceeding , after a motion is made therefor in the cases provided by law , or on the ground that a judge is disqualified from hearing or trying the same , or sustaining ...
... trial , or refusing to change the place of trial of an action or proceeding , after a motion is made therefor in the cases provided by law , or on the ground that a judge is disqualified from hearing or trying the same , or sustaining ...
Page 11
... trial , or the place of trial to be changed ; when the judgment or order is reversed or modified , this court may make complete restitution of all property and rights lost by the erro- neous judgment or order . 9. There shall be four ...
... trial , or the place of trial to be changed ; when the judgment or order is reversed or modified , this court may make complete restitution of all property and rights lost by the erro- neous judgment or order . 9. There shall be four ...
Page 19
... trial ; except when the in- dictment is found against a person holding the office of district judge , when it shall be transmitted to the district court of such other district as the court of sessions may direct . 54 [ 1854 ...
... trial ; except when the in- dictment is found against a person holding the office of district judge , when it shall be transmitted to the district court of such other district as the court of sessions may direct . 54 [ 1854 ...
Page 34
... trial may be made , stating distinctly and plainly the question of fact to be tried ; and such order shall be the only authority nccessary for a trial . 4. [ 1854 , 1855. ] Every action shall be prosecuted in the name of the real party ...
... trial may be made , stating distinctly and plainly the question of fact to be tried ; and such order shall be the only authority nccessary for a trial . 4. [ 1854 , 1855. ] Every action shall be prosecuted in the name of the real party ...
Page 36
... trial was separate . Deuprez v . Deuprez , 5 Cal . , 387 . 9. When an infant is a party he shall appear by guardian , who may be appointed by the court in which the action is prosecuted , or by a judge thereof , or a county judge . 1 ...
... trial was separate . Deuprez v . Deuprez , 5 Cal . , 387 . 9. When an infant is a party he shall appear by guardian , who may be appointed by the court in which the action is prosecuted , or by a judge thereof , or a county judge . 1 ...
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Common terms and phrases
Abbott action adverse affidavit alleged allowed amended amount answer appeal application appointed arrest attachment attend attorney authority brought cause cause of action certified CHAPTER charge claim clerk complaint copy costs county court damages debtor defendant delivered demand demurrer deposition direct discharged district court dollars effect entered entitled evidence examination execution facts filed five follows give given granted ground held hundred injunction interest issue judge judgment July jurisdiction jury justice land liable lien manner matter ment mortgage motion necessary notice objection officer party person plaintiff pleading possession proceed proceedings proper purchaser question received record recover referee refusing rendered reside respective served sheriff specified statement statute sufficient suit summons sureties taken therein thereof tion trial undertaking unless verdict witness writ
Popular passages
Page 37 - 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 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 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 38 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
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 65 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Page 140 - ... up to the time of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after purchase, and interest on such amount, and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien with interest.
Page 269 - 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...