The Code of Civil Procedure of the State of California, Volume 2 (Google eBook)

Front Cover
H.S. Crocker, 1872 - Civil procedure
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Contents

Statement of cause of contest When based on reception of illegal votes contestant to deliver to respondent a list of votes claimed to be illegal
37
Witnesses attendance of how enforced
38
Court may declare who was elected
39
CHAPTER
40
Submitting a controversy without action
44
Discharge of persons imprisoned on civil process
46
Summary proceedings for obtaining possession of real property in certain cases
48
Parties defendant
61
TITLE IV
76
Service of summons by publication
85
Execution for deficit
86
Rules of practice
87
TITLE V
89
Hearing
94
Illness sufficient cause for nonappearance of party arrested Confinement under arrests for contempt
95
TITLE VI
96
Judgment roll and appeals
98
AVho may defend What the answer may show
110
Court or jury to assess damages Ill 1249 The date with respect to which compensation shall be assessed and the measure thereof
112
New proceedings to cure defective title
113
Final order of condemnation what to contain When filed title vests
114
Costs may be allowed distribution thereof
115
When Title takes effect and construction of
116
Exceptions
117
If submission be revoked and an action brought what to be
129
Hearing proof of will after proof of service of notice
132
Contestant to file grounds of contest and petitioner to reply
139
ARTICLE III
145
Section 1314 Nuncupative wills when and how admitted to probate
150
Of executors and administrators their letters bends remov
152
Order of persons entitled to administer Partner not to admin
159
ARTICLE V
168
ARTICLE VII
178
Transfer not to change right to administer Retransfer
185
Of the inventory and collection of the effects of decedents
188
sees at the end of ten months unless there are debts to
195
Persons entrusted with estate of decedent may be cited
196
Costs to whom chargeable Persons succeeding to rights of homestead owners have all their powers and rights
206
Of claims against the estate
212
Time expressed in the notice
216
Time within which claims against an estate must be presented K16 1494 Claims to be sworn to and when allowed to bear same interest as judgments
219
Probate Judge may present claim and action thereon
222
Allowance and rejection of claims
223
Approved claims or copies to be filed Claims secured by liens may be described Lost claims
225
Rejected claims to be sued for within three months
226
Time of limitation
227
Allowance of claim in part
228
Execution not to issuo 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
Liability of executor etc for costs
232
Executor neglecting to give notice to creditors to be removed
233
Of sales and conveyance of property to decedents
234
Sales of personal property
237
Summary sales of mines and mining interests
240
Sales of real estate interests therein and confirmation thereof
242
and how received
256
Purchase money on sale on credit how secured
257
May file objections when and who
259
Conveyances
261
Sale may be postponed
262
Where payment of debts etc provided for by will
263
Where provision by will insufficient
264
Conditions of sale
265
Sales by executors or administrators of lands under mortgage or lien
266
The holder of the mortgage or lien may purchase tho lands His receipt to the amount of his claim a valid payment
267
Fraudulent sales 208
268
To what cases preceding section not to apply
269
Account of sale to be returned
270
Rules of practice generally
319
Court to appoint attorney for minor or absent heirs devisees legatees or creditors when and what compensation he is to receive
320
Decree relative to homestead and effect thereof a
321
Executor administrator or guardian to be removed when com mitted for contempt and another appointed
322
Must return inventory and administer estates according to this Title
325
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
OF GUARDIAN AND WARD Article 1 Guardians of minors
329
Minor having no father or mother
332
Probate Judge may insert conditions in order appointing guardian
333
Maintenance of minor out of income of his own property
334
ARTICLE II
335
Guardians of nonresident persons
347
TITLE XII
354
TITLE XIII
358
PAET XV
363
OF EVIDENCE GENERAL DEFINITIONS AND DIVISIONS Section 1823 Definition of evidence
365
Original evidence defined
370
Secondary ewdence defined
372
Direct evidence defined
375
Indirect evidence defined 376
376
1S34 Partial evidence defined
377
Indispensable evidence defined
378
Cumulative evidence defined
379
Terms to be construed in their general acceptation 398
380
Material allegation only to be proved
400
CHAPTER I
403
Witnesses
404
Writings
408
Effect of a judgment upon rights in various cases
410
OF JURISDICTION
415
Manner of impeaching a record
416
Public record of private writing evidence
417
Justices judgmentln 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
Subpcena for witness defined
442
Subpcena how served
443
Disobedience how punished
444
Manner of production
445
Affidavits
446
Depositions
448
Manner of taking depositions out of the State
449
Manner of taking depositions in the State
450
General rules of examination
453
OF EVIDENCE IN PARTICULAR CASES AND MISCELLANEOUS
461
CHAPTER II
463
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
WRIT OF REVIEW
498
Petition notice and proof 132
502
PETITION NOTICE AND PROOF
550
Guardian to give bend Powers limited 334
568
Writ of review defined 4
620
A deposition defined 446
630

Common terms and phrases

Popular passages

Page 429 - 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...
Page 439 - 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.
Page 488 - 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.
Page 406 - 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.
Page 485 - 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.
Page 427 - The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate; 6.
Page 110 - 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.
Page 455 - 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.
Page 405 - 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...
Page 132 - ... 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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