The Code of Civil Procedure of the State of California: Adopted March 11, 1872, and Amended in 1881 : with Notes and References to the Decisions of the Supreme CourtS. Whitney, 1880 - 763 páginas |
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Página 41
... judgment pronounced therein , the order must be made within thirty days after such judgment , and concurred in by two Associate Justices ; and if so made , it shall have the effect to vacate and set aside the judgment . Any four ...
... judgment pronounced therein , the order must be made within thirty days after such judgment , and concurred in by two Associate Justices ; and if so made , it shall have the effect to vacate and set aside the judgment . Any four ...
Página 44
... judgment or order appealed from , and may direct the proper judgment or order to be entered , or direct a new trial or further proceedings to be had . The decision of the court shall be given in writing ; and in giving its de- cision ...
... judgment or order appealed from , and may direct the proper judgment or order to be entered , or direct a new trial or further proceedings to be had . The decision of the court shall be given in writing ; and in giving its de- cision ...
Página 45
... JUDGMENT , DIS- MISSAL OF APPEAL . Evidence - conflicting , see sec . 657 , subd . 6 . Excess - in judgment , remitting , 12 Cal . 479 ; 14 Cal . 419 ; 16 Cal . 434 ; 17 Cal . 618 ; 25 Cal . 187 ; 29 Cal . 165 ; 46 Cal . 205. See also ...
... JUDGMENT , DIS- MISSAL OF APPEAL . Evidence - conflicting , see sec . 657 , subd . 6 . Excess - in judgment , remitting , 12 Cal . 479 ; 14 Cal . 419 ; 16 Cal . 434 ; 17 Cal . 618 ; 25 Cal . 187 ; 29 Cal . 165 ; 46 Cal . 205. See also ...
Página 164
... judgment , or other determination of a court , officer , or board , it is not necessary to state the facts conferring jurisdiction , but such judgment or de- termination may be stated to have been duly given or made . If such allegation ...
... judgment , or other determination of a court , officer , or board , it is not necessary to state the facts conferring jurisdiction , but such judgment or de- termination may be stated to have been duly given or made . If such allegation ...
Página 169
... judgment according to the right of possession of said property at the time the affidavit was made . [ In effect ... JUDGMENT , etc. Judgment , order , etc. - relief from , see under AMENDMENT infra , topics DEFAULT , EQUITY , JUDGMENT ...
... judgment according to the right of possession of said property at the time the affidavit was made . [ In effect ... JUDGMENT , etc. Judgment , order , etc. - relief from , see under AMENDMENT infra , topics DEFAULT , EQUITY , JUDGMENT ...
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Términos y frases comunes
9 Cal action or proceeding affidavit allowed amount answer appear application appointed assignee attorney bond cause certified chapter city and county civil action Civil Code claim clerk Code Civ commenced complaint contest conveyance copy costs court or judge creditors debtor debts decedent decree defendant deposition discharge effect April 16th effect July 1st effect March entitled estoppel evidence execution executor or administrator fact filed granted guardian hearing insolvent issued judge thereof judgment judgment debtor jurisdiction jurors jury justice letters of administration letters testamentary liable lien manner ment mortgage notice oath paid payment personal property petition plaintiff pleadings possession probate Proc proof real estate real property record referee residence seal settlement sheriff sold specified statute subd SUBDIVISION subpoena summons Superior Court sureties testimony therein tion trial unlawful detainer unless ward witness writ writing
Pasajes populares
Página 156 - ... 1. 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.
Página 131 - 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...
Página 163 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff...
Página 179 - ... a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Página 271 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Página 386 - Parties to a question in difference which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties.
Página 131 - In case of any other transfer of interest, the action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding.
Página 157 - When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counter-claim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.
Página 177 - That the plaintiff is the owner of the property claimed (particularly describing it), or is entitled to the possession thereof; 2. That the property is wrongfully detained by the defendant; 3. The alleged cause of the detention thereof, according to his best knowledge, information, and belief; 4.
Página 163 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.