The Code of Civil Procedure: Of the State of California, Parte3

California, Creed Haymond, John Chilton Burch, John H. McKune

T.A. Springer, 1872 - 768 páginas

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OF EVIDENCE	lxxxv

Title and division of this volume	3

PRELIMINARY PROVISIONS	5

When this Code takes effect	6

Limitations shall continue to run	7

Joint authority	8

Statutes etc inconsistent with Code repealed	10

OF THE COUNTY COURTS	15

Undertaking or deposit on appeal	256

Appeals from District Courts	261

APPEALS FROM COUNTY COURTS	262

Appeal from judgment of Justices or Police Courts	263

Offer of the defendant to compromise	269

CHAPTER V	272

Costs in action by or against an administrator etc	277

CHAPTER I	287

Of the Court for the trial of impeachments	16

Members of the Court	17

Jurisdiction of two kinds	18

Number to pronounce judgment	19

CHAPTER IV	20

Jurisdiction	21

Third District	22

Seventh District	23

Tenth District	24

Twelfth District	25

Fourteenth District	26

Sixteenth District	27

Terms of the District Court where held	28

Court in each county	29

CHAPTER VI	35

Justices of the Peace must hold	41

Territorial extent of civil jurisdiction	42

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

TITLE IV	68

How appointed and duty	69

Report prima facie correct	70

TITLE V	71

Qualifications	72

Penalty for practicing without license	73

Change of attorney	74

Conviction of felony Moral turpitude	75

Appearance	76

Receivers and guardians	77

i	81

When actions by the people or their grantees are to be brought	82

Periods of limitation prescribed	88

Exception as to persons under disabilities	92

In suits by aliens time of war to be deducted	93

Acknowledgment or new promise must be in writing	94

Action to be in name of party in interest	95

When a married woman is a party actions by and against	96

Father etc may sue for seduction of daughter etc	97

Parties defendant in an action to determine conflicting claims to real property	98

Tenants in common etc may sever in bringing or defending actions	99

Associates may be sued by name of association	100

TITLE IV	101

TITLE VI	111

Complaint first pleading	112

Verification of pleadings	117

What not to be deemed a variance	122

Suing a party by a fictitious name when allowed	123

TITLE VII	124

No person to be arrested except as prescribed by this Code	125

Affidavit to obtain order what to contain	126

Arrest how made	127

Bail how proceeded against	128

Qualification of bail	129

Payment of money into Court by Sheriff	130

119	138

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 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

Judgment in general	150

Formation of jury	155

OF REFERENCES AND TRIALS EY REFEREES	165

New trial defined	169

TITLE IX	176

When made returnable	179

PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION	192

Measure of damages in certain cases under the last section	198

Partition must be made according to the rights of the parties	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

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

OF PROCEEDINGS IN JUSTICES COURTS CHAPTER I Place of trial of actions in Justices Courts	224

Action in what township or city may be commenced	225

Place of trial may be changed in certain cases	226

Effect of an order changing place of trial	227

Actions how commenced	228

Summons how issued directed and what to contain	229

Alias summons	230

admitted unless denied under oath	242

CHAPTER XI	248

Justices may issue subpœnas and final process to any part	251

If the applicant succeed he may have damages costs and	290

OF CONTESTING CERTAIN ELECTIONS	296

Witnesses attendance of how enforced	299

Judgment and orders may be reviewed 254	303

Oath to be administered	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

TITLE V	318

punished summarily When not so committed an affidavit or statement shall be made	320

A warrant of attachment may issue or a notice to show cause	321

Officer must return warrant and undertaking if any	322

Illness sufficient cause for nonappearance of party arrested Confinement under arrests for contempt	323

Application what to contain	324

TITLE VII	325

Purposes for which it may be exercised	326

What estates in land may be acquired by condemnation 227	327

Facts necessary to be found by Court before condemnation	328

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 ACCOUNTS RENDERED BY EXECUTORS AND ADMINISTRATORS	342

Probate of foreign wills	343

The probate may be contested within one year	350

LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANNEXED	354

ARTICLE IV	360

Revocation of letters of administration	362

Prior rights of relatives entitles them to revoke prior letters	363

be recorded	364

Conditions of bonds	365

Right ceases when	366

Further security may be ordered	367

New sureties	368

Special letters may be issued out of term time	369

When letters testamentary or of administration are granted special administrators powers cease	370

Of the inventory and collection of the effects of decedents	376

OF THE HOMESTEAD	385

CHAPTER I	389

Notice to creditors Additional notice	391

Claims in action pending at time of decease	395

Order to show cause how made and on what notice	403

Further proceedings to conform to Articles II and IV	404

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

Ninety per cent of appraised value must be offered	410

Proceedings on offer of the defendant to compromise after suit	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

Administrator and executor liable for misconduct in sale	417

To what cases preceding section not to apply	418

Executors to take possession of the entire estate	419

Surviving partner to settle up business Interest therein to be appraised Account to be rendered	420

Recovery of property fraudulently disposed of by testator	421

CHAPTER IX	422

Execution of conveyance and record thereof how enforced	423

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

Distribution of estate how made and to whom	438

CHAPTER XII	447

Personal notice given by citation	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

What estates to be administered by Public Administrator	452

Duty of persons in whose house any stranger dies	453

Order to examine party charged with embezzling estate	454

THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL	455

Fees of officers when and by whom paid	456

Material variance how provided	470

CHAPTER I	474

Transact all executive business	595

Adjourn the Legislature when the Houses disagree	596

When powers of Governor devolve on the Lieutenant Governor	597

Compensation Not to be increased or diminished	598

Judicial DistrictsJudges termsabsence	600

Jurisdiction of County Court	601

Clerk of the Supreme Court County Clerk and other officers Their powers and duties	602

Style of Process	603

Members of the Court 16	646

The holder of the mortgage or lien may purchase the lands His receipt to the amount of his claim a valid payment 417	684

When the people will not sue 83	739

Otras ediciones - Ver todas

The Code of Civil Procedure: Of the State of California
Creed Haymond,J. H. McKune
Vista completa - 1872

The Code of Civil Procedure: Of the State of California, Parte3
California,Creed Haymond,John Chilton Burch,John H. McKune
Vista de fragmentos - 1872

The Code of Civil Procedure: Of the State of California
Creed Haymond,California,California Commission to Revise the Law
Sin vista previa disponible - 2015

Ver todas »

Términos y frases comunes

action or proceeding adjourned adverse party affidavit answer appear application appointed arrest ARTICLE attorney cause of action certificate CHAPTER civil actions claim Clerk Code commenced complaint copy County Court County of Inyo County of San Courts of record debts decedent defendant defined deposit District Court duties election Enacting clause entitled evidence execution executor or administrator filed guardian held as follows interest issue judgment judgment debtor Judicial District July June jurisdiction jurors jury Justice Legislature letters testamentary liable lien manner ment Monday of April Monday of February Monday of Jan Monday of January Monday of March motion notice November oath October payment petition plaintiff pleadings powers Probate Court Probate Judge proceed real estate real property remittitur residence seal second Monday SECTION September Sheriff statutes summons Supreme Court term therein thereof third Monday tion transcript trial witness writ writing

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Información bibliográfica

Título	The Code of Civil Procedure: Of the State of California, Parte3 Hein's superseded state statutes & codes 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 H. McKune
Colaborador	California. Commission to Revise the Laws of California
Editor	T.A. Springer, 1872
Largo	768 páginas

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