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The Codes of California as Amended and in Force at the Close of the Forty ...
No preview available - 1915
Act as amended act held unconstitutional Act March action or proceeding affidavit amended April 16 amended by Code amended March 24 amended May 20 amount appear application appointed attachment attorney bail bate Act bond C. C. P. pt cause certified chapter city and county claim clerk Code Amdts Code Commission commenced complaint copy costs court or judge creditor debts decedent decree defendant deposited discharge docket effect August Enacted March 11 entitled execution executor or administrator filed hearing Hlstoryi Enacted March HUtoryi interest issued judge thereof judgment debtor jurisdiction jurors jury justice Kerr's Cyc Kerr's Stats letters testamentary liable lien March 9 ment mortgage motion notice paid payment personal property petition plaintiff pleadings Practice Act Probate Act real property record referee repealed by Code served sheriff substantial re-enactment summons superior court sureties therein tion trial undertaking verdict writ
Page 179 - 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 210 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 180 - Of the parties to the action, those who are united in jo:n«i, «. interest must be joined as plaintiffs or defendants; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 181 - An action or proceeding does not abate by the death, or any disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. In case of the death or any disability of a party, the court, on motion, may allow the action or proceeding to be continued by or against his representative or successor in interest.
Page 148 - Where the person on whom service is to be made resides out of the state; or has departed from the state; or cannot, after due diligence, be found within the state ; or conceals himself to avoid the service of summons...
Page 212 - Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint.
Page 431 - ... 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 one hundred dollars.
Page 240 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2. When it appears by the complaint or affidavit that the commission or continuance of some act during the litigation would produce waste, great or irreparable injury to the plaintiff; 3.
Page 1001 - A witness may be impeached by the party against whom he was called, by contradictory evidence or by evidence that his general reputation for truth, honesty, or integrity is bad, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he had been convicted of a felony.
Page 160 - When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of five years from the termination of the tenancy, or, where there has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after...