The Code of Civil Procedure: Of the State of California

Creed Haymond, J. H. McKune

T.A. Springer, 1872 - 768 strani

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ARTICLE V	lxxxiv

DIVISIONS	lxxxv

OF COURTS OF JUSTICE II OF CIVIL ACTIONS III OF SPECIAL PROCEEDINGS OF A CIVIL NATURE IV OF EVIDENCE SECTION 1 Title an...	3

PRELIMINARY PROVISIONS SECTION 2 When this Code takes effect	5

Provisions similar to existing laws how construed	6

Limitations shall continue to run	7

Joint authority	8

Statutes etc inconsistent with Code repealed	10

CHAPTER VII	280

counties	282

OF SPECIAL PROCEEDINGS OF A CIVIL NATURE	285

Removal and suspension	287

If the applicant succeed he may have damages costs and	290

TITLE II	296

Oath to be administered	303

LIENS IN GENERAL	312

Officers of the Court	16

CHAPTER III	17

Original jurisdiction	18

Number to pronounce judgment	19

Of the District Courts	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

ourt in each county	29

CHAPTER VI	35

TITLE XI	36

Territorial extent of civil jurisdiction	40

PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS	43

CHAPTER I	49

COURTS OF JUSTICE IN GENERAL	55

Jurors in general	56

Jury to be drawn upon the order of the Judge 60 SECTION 214 Jury to be drawn upon the order of the Judge	60

CHAPTER II	67

OP PHONOGRAPHIC REPORTERS	68

CHAPTER II	69

OF OTHER PERSONS INVESTED WITH SUCH POWERS	71

Receivers and guardians	77

CHAPTER III	87

Exception as to persons under disabilities	91

In suits by aliens time of war to be deducted	92

Limitation laws of other States effect of	94

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 pame of association	100

TITLE IV	101

CHAPTER I	111

CHAPTER VI	117

What not to be deemed a variance	121

Money deposited how applied or disposed of	124

motion	131

Undertaking on attachment	138

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

CHAPTER I	150

to others	151

Formation of jury	155

When and how trial by jury may be waived	163

New trial defined	169

TITLE IX	176

Debtor required to answer cerning his property when	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

795 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 1 Place of trial of actions in Justices Courts	224

Limitation on the right to change	226

Effect of an order changing place of trial	227

Summons may issue within a year	228

Alias summons	230

Form of pleadings	231

ARREST AND BAIL	233

Judgment when defendant fails to appear	237

Offer to compromise before trial	242

CHAPTER XI	248

TITLE XIII	253

Undertaking or deposit on appeal	256

CHAPTER III	262

Appeal from judgment of Justices or Police Courts	263

CHAPTER I	267

Offer of the defendant to compromise	269

A party may demand inspection and copy of a book paper etc	270

Costs in action by or against an administrator etc	275

ment	278

When plaintiff is a nonresident or foreign corporation de fendant may require security for costs	279

TITLE V	318

Officer must return warrant and undertaking if any	319

Hearing	322

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

Objections may be filed	324

TITLE VII	325

Court or jury to assess damages	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

When executor forfeits right to letters	344

Notice of petition for probate how given	345

Petition may be presented to Judge at chambers and what Judge may do	346

Olographic wills	347

How jury obtained and trial had	348

Testimony reduced to writing for future evidence	349

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

ARTICLE VI	363

be recorded	364

Conditions of bonds	365

Right ceases when	366

Further security may be ordered	367

New sureties	368

WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED AND MISCELLA	370

Oath of appraisers and inventory how made	376

Rights of survivor to homestead	385

Claims in action pending at time of decease	390

CHAPTER VII	399

Section 1531 Order to show cause how made and on what notice	402

ARTICLE 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

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 wil	414

Contribution among legatees	415

Executor to assign contract	416

Account of sale to be returned	418

Executors may sue and be sued for recovery of property	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

Recording decree does not supersede power of Court to enforce it	424

Liabilities and compensation of executors and administrators	425

Order in which debts to be paid	432

Decree to be made only after notice 439 SECTION 1668 Decree to be made only after notice	438

CHAPTER XII	447

Personal notice given by citation	448

Rules of practice generally 419	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

480 Order for arrest by whom made	480

Defendant to be discharged on bail or deposit	486

Delivery of undertaking to plaintiff and its acceptance or rejec	492

CHAPTER II	519

Legislative department	553

Powers of Congress	554

To borrow money	559

To regulate commerce	560

To make laws necessary to carry powers into effect	561

Titles of nobility Presents etc	562

Electors	563

Manner of choosing President by Electors	564

Oath	565

What sufficient for ratification	571

No person to be held to answer for certain crimes except on	573

ARTICLE I	581

No soldier to be billeted etc 573	594

494	635

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

Where party to whom conveyance to be made is dead 424	685

CHAPTER II	696

When the people will not sue 83	739

850 Hour for appearance 230	755

Druge izdaje - Prikaži vse

The Code of Civil Procedure: Of the State of California
California,Creed Haymond
Celotni ogled - 1872

The Code of Civil Procedure of the State of California
California,Creed Haymond,John Chilton Burch,John H. McKune
Prikaz kratkega opisa - 1872

The Code of Civil Procedure: Of the State of California
Creed Haymond,California,California Commission to Revise the Law
Predogled ni na voljo - 2015

Prikaži vse »

Pogosti izrazi in povedi

action administrator affidavit allowed amount answer appear application appointed arrest attachment attorney authority bond cause certificate CHAPTER civil claim Clerk Code commenced complaint contain copy costs County County Court Court debts defendant defined deposit direct District District Court duties effect election entered entitled evidence execution executor fact filed follows give given granted guardian hearing held holding interest issue Judge judgment Judicial July June jurisdiction jurors jury Justice letters lien manner March ment Monday Monday of January motion necessary notice October original paid party payment person plaintiff pleadings possession powers Probate Court proceed proceedings proof real property receive record recover referee rendered residence respective RULE seal SECTION September served Sheriff sold specified sufficient summons taken term therein thereof third Monday tion trial undertaking unless witness writ writing written

Bibliografski podatki

Naslov	The Code of Civil Procedure: Of the State of California
Avtorji	Creed Haymond, J. H. McKune
Sodelavec	California. Commission to Revise the Laws of California
Založnik	T.A. Springer, 1872
Vir izvirnika	Newyorška javna knjižnica
Pretvorjeno v digitalni zapis	16 okt 2009
Dolžina	768 strani

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