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 57
... motion , application , or issue therein , ( subject to the con- stitutional right of trial by jury ) and to make any neces- sary and proper orders therein . Concurrent jurisdiction - see sec . 113 . § 90. In case of sickness or ...
... motion , application , or issue therein , ( subject to the con- stitutional right of trial by jury ) and to make any neces- sary and proper orders therein . Concurrent jurisdiction - see sec . 113 . § 90. In case of sickness or ...
Página 58
... motion and production be- fore him of the affidavit and proofs , shall order the trans- fer of the cause or matter ... motion , application , or issue in law , arising in any cause return- able or pending before him or any other justice ...
... motion and production be- fore him of the affidavit and proofs , shall order the trans- fer of the cause or matter ... motion , application , or issue in law , arising in any cause return- able or pending before him or any other justice ...
Página 69
... motion for , rule 4 ; see 43 Cal . 27 ; Fred- erick v . Tierney , Feb. 3rd , 1880 ; Pickett v . Wallace , Feb. 8th , 1880 ; Win- der v . Hendrick , March 3rd , 1880 ; People v . Center , March 31st , 1880 ; copies of moving papers ...
... motion for , rule 4 ; see 43 Cal . 27 ; Fred- erick v . Tierney , Feb. 3rd , 1880 ; Pickett v . Wallace , Feb. 8th , 1880 ; Win- der v . Hendrick , March 3rd , 1880 ; People v . Center , March 31st , 1880 ; copies of moving papers ...
Página 81
... motions refused with liberty to renew the same . Orders and motions generally - sec . 1003 et seq . Orders , appealable - sec . 939 , subd . 3 . Liberty to renew application - 44 Cal . 235 ; 46 Cal . 285 . § 183. A violation of the last ...
... motions refused with liberty to renew the same . Orders and motions generally - sec . 1003 et seq . Orders , appealable - sec . 939 , subd . 3 . Liberty to renew application - 44 Cal . 235 ; 46 Cal . 285 . § 183. A violation of the last ...
Página 95
... motions for orders and writs , except orders or writs of injunction in the Su- perior Court of the county , or city and ... motion for that purpose ; 3. To take and approve bonds and undertakings when- ever the same may be required in ...
... motions for orders and writs , except orders or writs of injunction in the Su- perior Court of the county , or city and ... motion for that purpose ; 3. To take and approve bonds and undertakings when- ever the same may be required in ...
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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.