The Code of Civil Procedure: Of the State of California

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T.A. Springer, 1872 - Civil procedure - 768 pages

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Contents

Officers of the Court
16
CHAPTER III
17
Jurisdiction of two kinds
18
Number to pronounce judgment
19
CHAPTER IV
20
Jurisdiction
21
Third District
22
Seventh District
23
Tenth District
24
Twelfth District
25
Fourteenth District
26
Sixteenth District
27
Terms of the District Court where held
28
Court in each county
29
CHAPTER VI
35
Justices of the Peace must hold
41
CHAPTER IX
43
CHAPTER I
49
Powers of Justices of Supreme Court at chambers
51
Jurors in general
56
Jury to be drawn upon the order of the Judge
60
TITLE IV
68
How appointed and duty
69
Report prima facie correct
70
TITLE V
71
Qualifications
72
BL Penalty for practicing without license
73
Change of attorney
74
Conviction of felony Moral turpitude
75
How to answer
76
PART II
81
When actions by the people or their grantees are to be brought
82
GENERAL PROVISIONS AS TO THE TIME OF COMMENCING ACTIONS
92
In suits by aliens time of war to be deducted
93
Acknowledgment or new promise must be in writing
94
beneficially interested
95
When a married woman is a party actions by and against
96
Father etc may sue for seduction of daughter etc
97
Parties defendant in an action to determine conflicting claims to real property
98
Tenants in common etc may sever in bringing or defending actions
99
Associates may be sued by name of association
100
TITLE IV
101
CHAPTER II
111
CHAPTER VI
117
What not to be deemed a variance
121
rights
123
TITLE VII
124
defendant
126
Arrest how made
127
Bail how proceeded against
128
Qualification of bail
129
Payment of money into Court by Sheriff
130
Undertaking on attachment
138
Writ to whom directed and what to state
140
Attorney to give written instructions to Sheriff what to attach
142
Inventory how made Party refusing to give memorandum may be compelled to pay costs
143
When property claimed by a third party how tried
144
When suits may be commenced on the undertaking
145
When a motion to discharge attachment may be made and upon what grounds
146
CHAPTER V
147
Powers of Receivers
148
Investment of funds
149
OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS
150
Formation of jury
155
Adjournment of the Court 28
160
When and how trial by jury may be waived
163
New trial defined
169
TITLE IX
176
Debior required to answer conc ncerning his property when
192
Measure of damages in certain cases under the last section
198
Partition must be made according to the rights of the parties
201
as determined by the Court
206
The Court may set aside or affirm report and enter judgment thereon Upon whom judgment to be conclusive
207
A lien on an undivided interest of any party is a charge only on the share assigned to such party
208
Proceeds of sale disposition of
209
Referees may take securities for purchase money
210
Terms of sale must be made known at the time Lots must be sold separately
211
Conveyances must be recorded and will be a bar against parties
212
Duties of the Clerk making investments
213
A guardian may consent to partition without action and exe cute releases
214
Apportionment of counsel fees and expenses
215
OF PROCEEDINGS IN JUSTICES COURTS CHAPTER I Place of trial of actions in Justices Courts
224
Place of trial may be changed in certain cases
226
Effect of an order changing place of trial
227
Summons may issue within a year
228
Appeal from judgment of Justices or Police Courts
263
Offer of the defendant to compromise
269
A party may demand inspection and copy of a book paper etc
270
Costs in action by or against an administrator etc 1032 Costs in a review other than by appeal 1033 Filing of and affidavit to bill of costs 1034 Costs ...
275
GENERAL PROVISIONS SECTION 1045 Lost papers how supplied 1046 Papers without the title of the action or with defective title may be valid 1...
280
CHAPTER I
287
If the applicant succeed he may have damages costs and
290
TITLE II
296
CHAPTER II
302
Oath to be administered
303
after be liable to imprisonment for the same cause of action
305
CHAPTER IV
306
Parties generally
308
Summons form and service of
309
Judgment by default
310
Verdict and judgment
311
V
312
Certain liens for salaries and wages
317
TITLE V
318
Officer must return warrant and undertaking if any
322
22
323
Application how signed and verified
324
TITLE VII
325
crossings or of enjoying a common use
330
Parties not summoned in action on joint contract may be sum
336
TITLE IX
337
Majority of arbitrators may determine any question They
338
OF ACCOUNTS RENDERED BY EXECUTORS AND ADMINISTRATORS
342
Probate of foreign wills
343
The probate may be contested within one year
350
LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANNEXED
354
ARTICLE IV
360
Revocation of letters of administration
362
Prior rights of relatives entitles them to revoke prior letters
363
be recorded
364
Conditions of bonds
365
Right ceases when
366
Further security may be ordered
367
New sureties
368
WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED AND MISCELLA
370
Of the inventory and collection of the effects of decedents
376
Of the provision for the support of the family
382
OF THE HOMESTEAD
385
CHAPTER II
390
Judgment and orders may be reviewed 254
391
CHAPTER VII
399
Order to show cause how made and on what notice
402
ARTICLE IV
404
refer
405
Order to persons interested to appear
406
Hearing after proof of service Presentation of claims
407
What the order of sale must contain May be at public or pri vate sale
408
To deliver copy of order to executor
409
Ninety per cent of appraised value must be offered
410
Purchase money on sale on credit how secured
411
May file objections when and who
412
Order of confirmation what to state
413
Where payment of debts etc provided for by will
414
Contribution among legatees
415
Executor to assign contract
416
Account of sale to be returned
418
Executors to take possession of the entire estate
419
Surviving partner to settle up business Interest therein to be appraised Account to be rendered 1536 Actions on bond of executor or administrator ma...
420
Recovery of property fraudulently disposed of by testator
421
CHAPTER IX
422
Effect of recording a copy of the decree
424
Liabilities and compensation of executors and administrators
425
Order in which debts to be paid
432
Distribution of estate how made and to whom
438
CHAPTER XII
447
Issues joined in Probate Court how tried and disposed of
449
Court to appoint attorney for minor or absent heirs devisees legatees or creditors when and what compensation he is to receive
450
Decree relative to homestead and effect thereof 1720 Costs by whom paid in certain cases
451
Must return inventory and administer estates according to this 1730 When another person is appointed administrator or executor Public Administrato...
452
in his hands
455
Fees of officers when and by whom paid
456
CHAPTER I
492
OF JURISDICTION
502
CHAPTER II
537
Transact all executive business
594
ARTICLE VI
598
ARTICLE VII
603
The holder of the mortgage or lien may purchase the lands His receipt to the amount of his claim a valid payment 417
684
Hour for appearance 230
755

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Popular passages

Page 109 - 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 555 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
Page 590 - The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon...
Page 155 - In an 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, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Page 602 - I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of , according to the best of my ability.
Page 593 - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Page 604 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property, and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.
Page 164 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial ; 5.
Page 81 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; or, 4.
Page 591 - In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease.

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