The Code of Civil Procedure of the State of California: Adopted March 11, 1872, to Take Effect January 1st, 1873 : with References to the Decisions of the Supreme Court ...
Sumner Whitney, 1872 - Civil procedure - 750 pages
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2d Monday 9 Cal abeve action or proceeding adverse party affidavit amended amount answer appeal application appointed arrest attachment attorney bail cause of action certified chapter civil actions claim clerk commenced complaint copy costs county clerk county court county judge court or judge creditor damages debts decedent deemed demurrer deposit direct discharge district court docket entitled execntion execution executor or administrator filed granted guardian inserted the words interest issued judgment debtor jurisdiction jurors jury justice letters testamentary lien manner ment motion notice oath omitted the words payment personal property petition plaintiff pleadings possession probate court probate judge proceed real estate real property record recover redemptioner referee rendered residence served sheriff sold specified Stat statute subdivision summons sureties term therein thereof thereto tho court tho defendant tho words tion trial undertaking unless verdict Vide withont writ
Page 118 - 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 83 - An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property; 4. An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party, of the facts constituting the fraud or mistake.
Page 354 - Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties.
Page 96 - 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 order them to be brought in.
Page 126 - In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state, generally, that the same was published or spoken concerning the plaintiff"; and if such allegation be controverted, the plaintiff must establish on the trial that it was so published or spoken.
Page 94 - Of the parties to the action, those who are united in 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 95 - Any person may before the trial, intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons...
Page 86 - Within the age of majority; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life; or, 4.
Page 591 - A licensed physician or surgeon cannot, without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient.
Page 193 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.