The Code of Civil Procedure of the State of California, Volumen1

Portada
H.S. Crocker, 1872
 

Páginas seleccionadas

Contenido

13
37
May reverse affirm or modify etc remittitur
49
Number of Judges necessary for the transaction of business
50
Court always open for certain purposes
51
CHAPTER IV
52
Judges election and terms of
53
Demurrer to the complaint 348
62
Terms of Court in the First District
64
Fifth District
65
Eighth District
66
Tenth District
67
Thirteenth District
68
Fifteenth District
69
Terms of the District Court where held
71
CHAPTER VI
72
Court in each county
88
Territorial extent of civil jurisdiction
101
CHAPTER IX
107
PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS
108
19
110
Justices of the Peace must hold
113
TITLE II
114
34
117
Form of pleadings
118
CHAPTER V
122
Jurors in general
123
TIME AND MANNER OF DRAWING JURORS FOR COURTS OF RECORD
124
Jury to be drawn upon the order of the Judge
130
FORMATION OF THE JURY
133
Grand Jury when to be impaneled
136
TITLE IV
139
How appointed and duty
140
Compensation
141
TITLE V
142
Qualifications
143
Oath
144
Roll of attorneys
145
General duties
147
Authority of attorney
152
Change of attorney
153
Notice of change
155
Conviction of felony Moral turpitude
156
Proceedings for removal or suspension
157
Answer
158
CHAPTER II
175
property
176
Such seizin when necessary in action or defense arising out of title to or rents of real property
179
Entry on real estate
180
Possession when presumed Occupation deemed under legal title unless adverse
181
What constitutes adverse possession under written instrument or judgment
185
What constitutes adverse possession under claim of title not written
186
Right of possession not affected by descent cast
187
CHAPTER III
188
Within four years
189
Within three years
192
Within two years
193
Within one year
194
Within six months
195
Where cause of action accrues on mutual account
196
Actions by the people subject to the limitations of this Chapter
197
CHAPTER IV
198
Provision where judgment has been reversed
200
When two or more disabilities exist etc
201
Limitation laws of other States effect of
203
Existing causes of action not affected
204
When a married woman is a party actions by and against
216
Wife may defend when
220
Guardian how appointed
222
Unmarried female may sue for her own seduction
223
When representatives may sue for death of one caused by the wrongful act of another
224
Who may be joined as defendants
234
Parties defendant in an action to determine conflicting claims to real property
241
Parties in interest when to be joined When one or more may sue or defend for the whole
242
Plaintiff may sue in one action the different parties to commer cial paper
244
Tenants in common etc may sever in bringing or defending actions
246
Another person may be substituted for the defendant
249
Intervention when it takes place and how made
250
When plaintiff may demur to answer
389
Exceptions to rules prescribed by two preceding sections
395
What not to be deemed a variance
404
Suing a party by a fictitious name when allowed
416
Arrest and bail
417
Order for arrest by whom made
420
Security by plaintiff before order of arrest
421
Affidavit and order to be delivered to the Sheriff and copy to defendant
422
Defendant to be discharged on bail or deposit
423
Same
424
Bail how exonerated
425
Qualification of bail
426
Deposit of money with Sheriff
427
Money deposited how applied or disposed of
428
Undertaking on attachment
465
Writ to whom directed and what to state
472
How real and personal property shall be attached
473
Attorney to give written instructions to Sheriff what to attach
478
Citation to garnishee to appear before a Court or Judge
480
Inventory how made Party refusing to give memorandum may be compelled to pay costs
482
Perishable property how sold Accounts without suit to be collected
483
If plaintiff obtains judgment how satisfied
484
When suits may be commenced on the undertaking
485
Attachment in what cases it may be released and upon what terms
486
When a motion to discharge attachment may be made and upon what grounds
487
When motion made on affidavit it may be opposed by affidavit
488
CHAPTER VI
493
Money paid to Clerk must be deposited with County Treasurer
494
Judgment in general
495
CHAPTER III
515
Jury how drawn
523
ARTICLE III
542
When and how trial by jury may be waived
549
CHAPTER VII
565
New trial defined
569
CHAPTER VIII
577
TITLE IX
598
When made returnable
599
PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION
639
Disobedience of orders how punished
646
CHAPTER III
663
Actions for the partition of real property
669
Abstract of title
670
Lienholders must be notified to appear before the referee
676
as determined by the Court
677
Judgment not to affect tenants for years to the whole property
678
A lien on an undivided interest of any party is a charge only on the share assigned to such party
679
Proceeds of sale disposition of
680
Referees may take securities for purchase money
681
Terms of sale must be made known at the time Lots must be sold separately
682
Conveyances must be recorded and will be a bar against parties
683
Duties of the Clerk making investments
684
A guardian may consent to partition without action and exe cute releases
685
Apportionment of counsel fees and expenses
686
CHAPTER V
687
Of actions against steamers vessels and boats
691
CHAPTER I
699
Judgments other than by default in Justices Courts
700
Answer or demurrer to amended pleadings
708
Certain provisions apply to all attachments in Justices Courts
715
CHAPTER VI
717
CHAPTER IX
726
Justices may issue subpoenas and final process to any part
733
APPEALS TO COUNTY COURTS
736
CHAPTER III
756
Appeal from judgment of Justices or Police Courts
758
CHAPTER I
763
Offer of the defendant to compromise
765
CHAPTER VI
778
Costs on appeal how claimed and recovered
788
When plaintiff is a nonresident or foreign corporation de fendant may require security for costs
789
If such security be not given the action may be dismissed
790
CHAPTER VII
791
Proceedings on offer of the defendant to compromise after suit
792
Actions against a Sheriff for official acts
793
People of State not required to give bonds when State is a party
794

Otras ediciones - Ver todas

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Términos y frases comunes

9 Cal adjourned administrator adverse possession affidavit amendments appeal appellate jurisdiction application appointed attorney authority cause of action City and County civil actions claim Clerk commenced complaint conferred Constitution County Court County of San Court has jurisdiction Court of equity COURTS OF JUSTICE Courts of record criminal decree defendant diction District Court election enforce fact filed forcible entry held as follows issue judgment Judicial District July June jurisdic jurors jury Legislature matter ment Monday of April Monday of February Monday of Jan Monday of January Monday of March mortgage motion note to Sec NOTE.-See NOTE.-Stats November October original jurisdiction party person plaintiff Probate Court real property remedy remittitur rule San Francisco second Monday September Sheriff special proceedings Stats Statute of Limitations suit summons Supreme Court thereof third Monday three hundred dollars tion transcript trial unlawful detainer writs of mandate

Pasajes populares

Página 232 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.‎
Aparece en 479 libros desde 1777-2004
Página 39 - 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...‎
Aparece en 350 libros desde 1860-1998
Página 42 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.‎
Aparece en 568 libros desde 1835-2008
Página 570 - 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 Excessive damages, appearing to have been given under the influence of passion or prejudice; 6.‎
Aparece en 429 libros desde 1792-1999
Página 250 - 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...‎
Aparece en 511 libros desde 1830-2004
Página 246 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the Court...‎
Aparece en 194 libros desde 1831-2004
Página 240 - 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 a plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...‎
Aparece en 384 libros desde 1777-2007
Página 539 - 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 ; 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.‎
Aparece en 221 libros desde 1777-1998
Página 725 - ... during the possession of such property by the appellant, he will not commit or suffer to be committed any waste thereon...‎
Aparece en 254 libros desde 1777-1998
Página 534 - The verdict of a jury is either general or special. A general verdict, is that by which they pronounce generally upon all or any of the issues either in favor of the plaintiff or defendant. A special verdict is that "by which the jury find the facts only, leaving the judgment to the court.‎
Aparece en 249 libros desde 1846-1998

Información bibliográfica

TítuloThe Code of Civil Procedure of the State of California, Volumen1
The Code of Civil Procedure of the State of California, John Chilton Burch
AutorCalifornia
EditorCreed Haymond
EditorH.S. Crocker, 1872
  
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