The Code of Civil Procedure of the State of California, Volumen2

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H.S. Crocker, 1872

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OF ESCHEATED ESTATES
117
If submission be revoked and an action brought what to be
129
Hearing proof of will after proof of service of notice
132
MATERIAL OBJECTS PRESENTED ΤΟ THE SENSES OTHER THAN
137
ARTICLE II
139
ARTICLE IV
146
Nuncupative wills when and how admitted to probate
150
LETTERS OF ADMINISTRATION TO WHOM AND THE ORDER IN WHICH THEY
152
Construction
156
Order of persons entitled to administer Partner not to admin
159
ARTICLE V
168
Citation and requirements of Judge on deficient bond Addi
173
Special administrators and their powers and duties
178
ARTICLE VIII
180
Transfer not to change right to administer Retransfer
185
ARTICLE I
188
ARTICLE II
196
erty at appraised value public sale to be ordered when
210
Costs to whom chargeable Persons succeeding to rights of homestead owners have all their powers and rights
211
CHAPTER VI
212
bate Judge may examine
226
Time of limitation
227
Allowance of claim in part
228
Execution not to issue after death If one is levied the prop erty may be sold
230
What judgment is not a lien on real property of estate
231
Trial by referee how confirmed and its effect
232
Executor neglecting to give notice to creditors to be removed
233
CHAPTER VII
234
Sales of personal property
237
Summary sales of mines and mining interests
240
Sales of real estate interests therein and confirmation thereof
242
Where payment of debts etc provided for by will
263
Recovery of property fraudulently disposed of by testator
277
To render an exhibit of receipts and disbursements and claims
286
CHAPTER XI
303
are paid
309
Liability of agent on his bond
314
Court to appoint attorney for minor or absent heirs devisees
320
Suits for property of decedents
322
Every six months to make and publish return of condition of estate
326
When to settle with County Clerk and how unclaimed estate disposed of
327
Fees of officers when and by whom paid
328
CHAPTER XIV
329
Minor having no father or mother
332
Probate Judge may insert conditions in order appointing guardian
333
The degree of certainty required to establish facts
369
Four kinds of evidence specified
370
Secondary evidence defined
372
Direct evidence defined
375
Indirect evidence defined
376
Partial evidence defined
377
Indispensable evidence defined
378
Cumulative evidence defined
379
Testimony to be in presence of persons affected
380
Declarations of predecessor in title evidence
381
Evidence confined to material allegation
400
TITLE II
403
Witnesses
404
Writings
408
Effect of a judgment upon rights in various cases
410
Effect of other judicial orders when conclusive
414
Where sureties bound principal is also
415
Manner of impeaching a record
416
Public record of private writing evidence
417
Justices judgment in other States how proved
418
Certificates of purchase primary evidence of ownership
419
Manner of making it
420
Execution of an instrument defined
421
Books maps etc how far evidence
422
Other witnesses may also testify
423
Copies of entries also allowed
424
Material objects presented to the senses other than writings
425
Indispensable evidence
436
Conclusive and unanswerable evidence
440
Evidence to be produced by whom
441
Manner of production
445
Affidavits and depositions how taken
446
Order of proof how regulated
453
OF EVIDENCE IN PARTICULAR CASES AND MISCELLANEOUS
461
KNOWLEDGE OF THE COURT
467
POLITICAL CODE
475
Conflicts between Titles which to prevail
478
TITLE III
486
Testimony in what mode taken 445
497
LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANNEXED
523
Pending proceedings not affected
549
To whom letters on proved will to issue 152
551
Rules of practice
591
Exceptions
616

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Página 423 - The rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the, same time...
Página 433 - A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section twenty-seven hundred and ninety-four of the Civil Code; 3.
Página 482 - States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.
Página 400 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Página 479 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Página 421 - The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate; 6.
Página 106 - In all cases where land is required for public use, the State, or its agents in charge of such use, may survey and locate the same; but it must be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject to the provisions of section twelve hundred and forty-seven.
Página 449 - A witness is allowed to refresh his memory respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing.
Página 399 - All persons, without exception, otherwise than is specified in the next two sections, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses. Therefore, neither parties nor other persons who have an interest in the event of an action or proceeding are excluded...
Página 128 - ... by the laws of the state or country, of which the decedent was a resident at the time of his death.

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