The Code of Civil Procedure: Of the State of California (Google eBook)

Front Cover
T.A. Springer, 1872 - Civil procedure - 768 pages
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Contents

When suits may be commenced on the undertaking
145
Attachment in what cases it may bo released and upon what terms
146
CHAPTER V
147
Investment of funds
149
Judgment in general
150
Formation of jury
155
When and how trial by jury may be waived
163
New trial defined
169
TITLE IX
176
Debtor required to answer concerning his property when
192
Measure of damages in certain cases under the last section
198
Partition must be made according to the rights of the parties
201
Abstract of title
202
as determined by the Court
206
The Court may set aside or affirm report and enter judgment thereon Upon whom judgment to be conclusive
207
701 A lien on an undivided interest of any party is a charge only on the share assigned to such party
208
Proceeds of sale disposition of
209
Referees may take securities for purchase money
210
Terms of sale must be made known at the time Lots must be sold separately
211
Conveyances must be recorded and will be a bar against parties
212
Duties of the Clerk making investments 213
213
A guardian may consent to partition without action and exe cute releases
214
Apportionment of counsel fees and expenses
215
CHAPTER VI
219
OF PROCEEDINGS IN JUSTICES COURTS
224
Form of pleadings
231
Judgment when defendant fails to appear
237
Trials in Justices Courts
240
CHAPTER L
253
Undertaking or deposit on appeal
254
APPEALS FROM COUNTY COURTS
262
Costs in a review other than by appeal 5S 1033 Filing of and affidavit to bill of costs
275
CHAPTER VII
280
Actions may be prosecuted in the Spanish language in certain counties 262
282
OF SPECIAL PROCEEDINGS OF A CIVIL NATURE
285
PRELIMINARY PROVISIONS Section 1063 Parties how designated SST 1064 Judgment and order same meaning as in civil actions
287
If the applicant succeed he may have damages costs and
293
Onth to be administered
304
OF THE ENFORCEMENT OF LIENS
312
TITLE V
318
CHAPTER II
353
Action when not to abate by death marriage or other disabil
385
Order in which debts to he paid
432
Transact all executive business
595
Adjourn the Legislature when the Houses disagree
596
Of the Lieutenant Governor
597
ARTICLE VI
598
MILITIA Section 1 Organization and disciplining of the militia
603
Actions how commenced 228
651

Common terms and phrases

Popular passages

Page 109 - 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.
Page 555 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
Page 590 - The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon...
Page 155 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Page 602 - I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of , according to the best of my ability.
Page 593 - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Page 604 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property, and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.
Page 164 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial ; 5.
Page 81 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; or, 4.
Page 591 - In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease.

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