The Code of Civil Procedure of the State of California, Volume 1

Front Cover
A.L. Bancroft, 1874 - Civil procedure
 

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Contents

Officers of the Court
34
CHAPTER IV
52
Demurrer to the complaint 348
62
Court in each county
71
CHAPTER VI
88
CHAPTER VIII
101
OF POLICE COURTS
107
PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS
108
CHAPTER I
114
MISCELLANEOUS
122
Jurors in general
124
Jury to be drawn upon the order of the Judge
130
Grand Jury when to be impaneled
136
TITLE IV
139
CHAPTER II
140
Report prima facie correct
141
TITLE V
142
Qualifications
143
Oath
144
Roll of attorneys
145
Authority of attorney
153
Notice of change
155
Conviction of felony Moral turpitude
156
Proceedings for removal or suspension
157
Answer
158
When actions by the people or their grantees are to be brought
175
The time of commencing actions other than for the recovery
188
CHAPTER IV
198
Existing causes of action not affected
204
Court when to decide controversy or to order other parties to
205
beneficially interested
214
When a married woman is a party actions by and against
216
Wife may defend when
220
Guardian how appointed
222
Unmarried female may sue for her own seduction
223
When representatives may sue for death of one caused by the wrongful act of another
224
Who may be joined as defendants
234
Parties holding title under a common source when may join
241
Parties in interest when to be joined When one or more may sue or defend for the whole
242
Plaintiff may sue in one action the different parties to commer cial paper
244
Tenants in common etc may sever in bringing or defending actions
246
Another person may be substituted for the defendant
249
Intervention when it takes place and how made
250
Associates may be sued by name of association
253
TITLE IV
256
CHAPTER I
313
CHAPTER II
314
THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL
324
CHAPTER III
348
When plaintiff may demur to answer
389
Exceptions to rules prescribed by two preceding sections
395
deemed controverted
403
What not to be deemed a variance
405
Amendments by the Court Enlarging time to plead and re lieving from judgments etc
406
Suing a party by a fictitious name when allowed
416
Arrest and bail
417
Deposit of money with Sheriff
427
When the order vacated or bail reduced
429
Undertaking on attachment
465
CHAPTER IV
466
collected
483
If plaintiff obtains judgment how satisfied
484
When suits may be commenced on the undertaking
485
Attachment in what cases it may be released and upon what terms
486
When a motion to discharge attachment may be made and upon what grounds
487
When motion made on affidavit it may be opposed by affidavit
488
Appointment of Receivers upon dissolution of corporations
492
Investment of funds
493
574 Manner of enforcing the order
494
CHAPTER III
515
Formation of jury
522
ARTICLE III
542
When and how trial by jury may be waived
549
CHAPTER VII
565
SECTION 656 New trial defined
569
CHAPTER VIII
577
TITLE IX
598
When made returnable
599
Personal property not capable of manual delivery how delivered
625
Debtor required to answer conc oncerning his property when
639
Disobedience of orders how punished
646
Measure of damages in certain cases under the last section
662
CHAPTER IV
669
as determined by the Court
677
Judgment not to affect tenants for years to the whole property
678
A lien on an undivided interest of any party is a charge only on the share assigned to such party
679
Proceeds of sale disposition of
680
Referees may take securities for purchase money
681
Terms of sale must be made known at the time Lots must be sold separately
682
Conveyances must be recorded and will be a bar against parties
683
Duties of the Clerk making investments
684
A guardian may consent to partition without action and exe cute releases
685
Apportionment of counsel fees and expenses
686
When vessels etc are liable Their liabilities constitute liens
692
Mariners and others may assert their claim for wages notwith
698
CHAPTER I
699
SECTION 851 Form of pleadings
708
ARTICLE III
715
VII Trials in Justices Courts
719
Offer to compromise before trial
721
Dockets of Justices
729
CHAPTER I
736
Undertaking or deposit on appeal
743
What papers to be used on an appeal from an order granting
750
CHAPTER II
752
CHAPTER III
756
Appeal from judgment of Justices or Police Courts
758
INSPECTION OF WRITINGS
763
CHAPTER VI
778
CHAPTER VII
791
Proceedings on offer of the defendant to compromise after suit
792

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Common terms and phrases

Popular passages

Page 377 - 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 654 - Anything which is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.
Page 234 - 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 542 - The verdict of a jury is either general or special. A general verdict, is that by which they pronounce generally upon all or any of the issues either in favor of the plaintiff or defendant. A special verdict is that "by which the jury find the facts only, leaving the judgment to the court.
Page 42 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty ; acquiring, possessing, and protecting property ; and pursuing and obtaining safety and happiness.
Page 510 - In other actions, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted...
Page 224 - When the death of a person not being a minor, or when the death of a minor person who leaves surviving him either a husband or wife or child or children, 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...
Page 559 - Where the trial of an issue of fact shall require the examination of a long account on either side ; in which case the referees may be directed to hear and decide the whole issue, or to report , upon any specific question of fact involved therein ; or, 2.
Page 570 - Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors; 3.
Page 406 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...

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