The Code of Civil Procedure: Of the State of California, Део 3

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T.A. Springer, 1872 - 768 страница
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Officers of the Court
16
CHAPTER III
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
Demurrer to the complaint 113
41
CHAPTER IX
43
Judge may in certain cases change place of holding Court
46
OF THE POWERS AND DUTIES OF JUDGES AT CHAMBERS
49
Jurors in general
56
Jury to be drawn upon the order of the Judge
60
1
67
TITLE IV
68
how designated 50
81
CHAPTER I
82
Exception as to persons under disabilities
91
In suits by aliens time of war to be deducted
92
Acknowledgment or new promise must be in writing
94
Court when to decide controversy or to order other parties to
95
Infant to appear by guardian
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
CHAPTER II
112
CHAPTER VI
117
Amendments of course and effect of demurrer
121
rights
123
TITLE VII
124
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
motion
131
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 there remains a balance due how collected 144 а 552 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
Powers of Receivers
148
Investment of funds
149
JUDGMENT IN GENERAL
150
Formation of jury
155
When and how trial by jury may be waived
163
New trial defined
169
a lien there
176
Debíor required to answer concerning his property when
192
CHAPTER IV
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
782 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
CHAPTER VI
219
OF PROCEEDINGS IN JUSTICES COURTS
224
Form of pleadings
231
Judgment when defendant fails to appear
237
VII Trials in Justices Courts
240
Offer to compromise before trial
242
CHAPTER XI
248
Justices may issue subpænas and final process to any part
251
Undertaking or deposit on appeal
254
CHAPTER III
262
Appeal from judgment of Justices or Police Courts
263
Oath to be administered
303
after be liable to imprisonment for the same cause of action
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
V
312
Certain liens for salaries and wages
317
TITLE V
318
Officer must return warrant and undertaking if any
322
22
323
Application what to contain
324
TITLE VII
325
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 THE HOMESTEAD
341
OF ACCOUNTS RENDERED BY EXECUTORS AND ADMINISTRATORS
342
Probate of foreign wills
343
The probate may be contested within one year
350
CHAPTER II
353
LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANNEXED
354
ARTICLE IV
360
Revocation of letters of administration
362
ARTICLE VI
363
Additional bonds when required
364
Conditions of bonds
365
When bond may be dispensed with
366
Further security may be ordered
367
New sureties
368
special administrators powers cease
370
Of the inventory and collection of the effects of decedents
376
PROPERTY
385
CHAPTER VII
399
Order to show cause how made and on what notice
402
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
Private sale of real estate how made and notice Bids when and how received
410
Purchase money on sale on credit how secured
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
To what cases preceding section not to apply
418
Executors may sue and sud för recovery of property
419
Surviving partner to settle up business Interest therein to be appraised Account to be rendered 1536 Actions on bond of executor or administrator ma...
420
Recovery of property fraudulently disposed of by testator
421
CHAPTER IX
422
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
Decree to be made only after notice
438
CHAPTER XII
447
Citation to be served five days before return
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
Must return inventory and administer estates according to this Title
453
Order to examine party charged with embezzling estate
454
When there are no heirs or claimants moneys and effects paid to County Treasurer etc
455
Fees of officers when and by whom paid
456
CHAPTER I
492
OF JURISDICTION
502
CHAPTER II
519
CHAPTER I
539
Clerk must enter causes on the calendar to remain until disposed
553
Transact all executive business
594
ARTICLE VI
598
ARTICLE VII
603
Appearance
631
How to answer
639
Actions how commenced 228
651
83
657
PROCEEDINGS AGAINST JOINT DEBTORS
665
Parties not summoned in action on joint contract may be sum
672
The holder of the mortgage or lien may purchase the lands His receipt to the amount of his claim a valid payment 417
684
CHAPTER II
696

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Страница 109 - 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.
Страница 555 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
Страница 590 - The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon...
Страница 155 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Страница 602 - I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of , according to the best of my ability.
Страница 593 - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Страница 604 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property, and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.
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