The Code of Civil Procedure: Of the State of California, Parte 3

California, Creed Haymond, John Chilton Burch, John Hill McKune

T.A. Springer, 1872 - 768 páginas

Índice

• ARTICLE V: lxxxiv
• OF EVIDENCE: lxxxv
• CHAPTER II: lxxxvii
• Title and division of this volume: 3
• PRELIMINARY PROVISIONS SECTION 2 When this Code takes effect 3 Not retroactive: 5
• Limitations shall continue to run: 7
• Joint authority: 8
• Statutes etc inconsistent with Code repealed: 10
• CHAPTER III: 17
• Court in each county: 29
• CHAPTER VI: 35
• Territorial extent of civil jurisdiction: 40
• Demurrer to the complaint 113: 41
• PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS: 43
• TITLE II: 49
• Jurors in general: 56
• Jury to be drawn upon the order of the Judge: 60
• Offer to compromise before trial: 65
• TITLE IV: 68
• how designated 50: 81
• When actions by the people or their grantees are to be brought: 82
• CHAPTER 1: 87
• Exception as to persons under disabilities: 92
• Court when to decide controversy or to order other parties to: 95
• TITLE IV: 101
• CHAPTER I: 111
• CHAPTER II: 112
• CHAPTER VI: 117
• Amendments of course and effect of demurrer: 121
• rights: 123
• TITLE VII: 124
• defendant: 126
• Arrest how made: 127
• Bail how proceeded against: 128
• Qualification of bail: 129
• Payment of money into Court by Sheriff: 130
• Action when not to abate by death marriage or other disabil: 131
• Undertaking on attachment: 139
• Writ to whom directed and what to state: 140
• Attorney to give written instructions to Sheriff what to attach: 142
• Inventory how made Party refusing to give memorandum may be compelled to pay costs: 143
• When property claimed by a third party how tried: 144
• When there remains a balance due how collected 144 а 552 When suits may be commenced on the undertaking: 145
• When a motion to discharge attachment may be made and upon what grounds: 146
• CHAPTER V: 147
• Appointment of Receivers upon dissolution of corporations: 148
• Investment of funds: 149
• CHAPTER III: 153
• Formation of jury: 155
• When and how trial by jury may be waived: 163
• New trial defined: 169
• TITLE IX: 176
• PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION: 192
• CHAPTER IV: 201
• 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
• 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
• 782 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
• 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
• VII Trials in Justices Courts: 240
• Abstract of judgment: 242
• Docket what to contain: 248
• Undertaking or deposit on appeal: 254
• CHAPTER III: 262
• Appeal from judgment of Justices or Police Courts: 263
• Offer of the defendant to compromise: 269
• CIIAPTER I: 270
• Costs in action by or against an administrator: 275
• Certificate of admission License: 277
• Authority of attorney: 283
• Parties how designated: 287
• Proceedings for removal or suspension: 289
• CHAPTER II: 290
• TITLE II: 296
• Oath to be administered www: 304
• If not discharged prisoner may again apply when: 305
• CHAPTER IV: 306
• Unlawful detainer defined: 307
• County Courts have jurisdiction: 308
• Summons form and service of: 309
• Judgment by default: 310
• Verdict and judgment: 311
• TITLE IV: 312
• Certain liens for salaries and wages: 317
• OF CONTEMPTS: 318
• the person until discharged: 321
• Officer must return warrant and undertaking if any: 322
• 22: 323
• Application what to contain: 324
• TITLE VII: 325
• The complaint and its contents: 329
• Court shall have jurisdiction to regulate the mode of making crossings or of enjoying a common use: 330
• TITLE IX: 337
• Majority of arbitrators may determine any question They: 338
• OF THE HOMESTEAD: 341
• OF ACCOUNTS RENDERED BY EXECUTORS AND ADMINISTRATORS: 342
• Probate of foreign wills: 343
• The probate may be contested within one year: 350
• CHAPTER II: 353
• LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANNEXED: 354
• ARTICLE IV: 360
• Revocation of letters of administration: 362
• ARTICLE VI: 363
• Additional bonds when required: 364
• Conditions of bonds: 365
• When bond may be dispensed with: 366
• Further security may be ordered: 367
• New sureties: 368
• WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED AND MISCELLA: 370
• Of the inventory and collection of the effects of decedents: 376
• PROPERTY: 385
• Another person may be substituted for the defendant: 386
• Claims in action pending at time of decease: 390
• CHAPTER VII: 399
• Order to show cause how made and on what notice: 403
• Further proceedings to conform to Articles II and IV: 404
• Verified petition for sale what to contain and to what it may refer: 405
• Order to persons interested to appear: 406
• Hearing after proof of service Presentation of claims: 407
• What the order of sale must contain May be at public or pri vate sale: 408
• To deliver copy of order to executor: 409
• Private sale of real estate how made and notice Bids when and how received: 410
• Purchase money on sale on credit how secured: 411
• May file objections when and who: 412
• Order of confirmation what to state: 413
• Where payment of debts etc provided for by will: 414
• Contribution among legatees: 415
• Executor to assign contract: 416
• To what cases preceding section not to apply: 418
• Executors may sue and sud för recovery of property: 419
• Surviving partner to settle up business Interest therein to be appraised Account to be rendered 1536 Actions on bond of executor or administrator ma...: 420
• Recovery of property fraudulently disposed of by testator: 421
• CHAPTER IX: 422
• Effect of recording a copy of the decree: 424
• Liabilities and compensation of executors and administrators: 425
• Order in which debts to be paid: 432
• 245: 434
• Decree to be made only after notice: 438
• CHAPTER XII: 447
• is sufficient for all purposes: 448
• Rules of practice generally: 449
• Court to appoint attorney for minor or absent heirs devisees legatees or creditors when and what compensation he is to receive: 450
• Costs by whom paid in certain cases: 451
• Duty of persons in whose house any stranger dies: 453
• Order to examine party charged with embezzling estate: 454
• When there are no heirs or claimants moneys and effects paid to County Treasurer etc: 455
• Fees of officers when and by whom paid: 456
• CHAPTER I: 492
• Actions how commenced 228: 493
• OF JURISDICTION: 502
• CHAPTER II: 519
• CHAPTER V: 539
• Clerk must enter causes on the calendar to remain until disposed: 553
• Duties of Secretary of State: 594
• MISCELLANEOUS: 598
• Citation to answer: 620
• Appearance: 631
• How to answer: 639
• OF THE COURT FOR THE TRIAL OF IMPEACHMENTS: 646
• 83: 657
• 54: 662
• PROCEEDINGS AGAINST JOINT DEBTORS: 665
• Parties not summoned in action on joint contract may be sum: 672
• Subsequent applications for orders when prohibited: 676
• The holder of the mortgage or lien may purchase the lands His receipt to the amount of his claim a valid payment 417: 684
• CHAPTER II: 696

Passagens conhecidas

Página 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.

Página 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.

Página 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...

Página 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.

Página 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.

Página 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...

Página 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.

Página 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.

Página 81 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; or, 4.

Página 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.

Informação bibliográfica

• Título: The Code of Civil Procedure: Of the State of California, Parte 3; The Code of Civil Procedure: Of the State of California, California. Commission to Revise the Laws of California
• Autores: California, Creed Haymond, John Chilton Burch, John Hill McKune
• Colaborador: California. Commission to Revise the Laws of California
• Editora: T.A. Springer, 1872
• Número de páginas: 768 páginas