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The Code of Civil Procedure of the State of California: Adopted March 11 ...
James Henry Deering,California
Sin vista previa disponible - 2016
action administrator affidavit allowed Am'd amount answer Ante appeal application appointed April 29 arrest attachment attorney authority bond Cal.Rep.Cit cause certificate chapter civil claim clerk Code complaint contract copy corporation costs damages debts decedent decree defendant deposit direct discharge duties effect entered entitled evidence examination execution executor or administrator fact filed give given granted guardian hearing hundred interest issue judge judgment jurisdiction jury justice letters liability lien Limitation manner March 11 motion necessary notice oath paid party payment person petition plaintiff pleadings possession Post Prac Prob probate proceedings proceeds proof real property receive record referee rendered residence respective served sheriff Stats Subd summons superior court Supp sureties taken therein thereof tion trial undertaking unless witness writ writing
Página 133 - 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 order them to be brought in.
Página 162 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the pleading to be amended, upon such terms as may be just.
Página 45 - The Superior Court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine...
Página 153 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Página 692 - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter or fact occurring before the death of such deceased person.
Página 128 - 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.
Página 39 - The court shall also have power to issue writs of mandamus, certiorari, prohibition and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any Superior Court in the State, or before any Judge thereof.
Página 24 - Day," the twenty-fifth day of December, every day on which an election is held throughout the state, and every day appointed by the President of the United States or by the governor of this state for a public fast, thanksgiving or holiday.
Página 23 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.