The Code of Civil Procedure of the State of California: Adopted March 11th, 1872, and Amended in 1885. With Notes and References to the Decisions of the Supreme Court |
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The Code of Civil Procedure of the State of California: Adopted March 11th ... California No preview available - 1880 |
The Code of Civil Procedure of the State of California: Adopted March 11th ... California,California Supreme Court No preview available - 2015 |
Common terms and phrases
9 Cal action administrator affidavit allowed amendment amount answer appeal application appointed assignment attachment attorney bond cause certified CHAPTER Civil claim clerk Code commenced complaint contract copy costs creditor damages debtor debts defendant deposited direct discharge effect April effect July 1st entered entitled entry evidence examination execution executor or administrator fact filed give given granted guardian hearing hundred interest issue judge judgment jurisdiction jury justice land letters liability lien manner March ment motion necessary notice otherwise paid party payment person petition plaintiff pleadings possession probate proceedings proof received record recover referee residence rule served sheriff specified subd SUBDIVISION sufficient summons Superior Court sureties taken therein thereof tion trial undertaking unless West witness writ writing
Popular passages
Page 106 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. So HELP ME GOD.
Page 131 - 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.
Page 131 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death; or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section such damages may be given as under all the circumstances of the case may be just.
Page 135 - 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 then order them to be brought in...
Page 203 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 594 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 131 - A father, or in case of his death or desertion of his family, the mother, may maintain...
Page 168 - ... and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon such terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this...
Page 164 - In pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading must establish on the trial the facts conferring jurisdiction.
Page 314 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Bibliographic information
| Title | The Code of Civil Procedure of the State of California: Adopted March 11th, 1872, and Amended in 1885. With Notes and References to the Decisions of the Supreme Court |
| Author | California |
| Editor | Nathan Newmark |
| Contributor | California. Supreme Court |
| Publisher | S. Whitney, 1880 |
| Original from | Harvard University |
| Digitized | Jul 13, 2007 |
| Length | 851 pages |
| Export Citation | BiBTeX EndNote RefMan |