The Code of Civil Procedure: Of the State of California

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T.A. Springer, 1872 - 768 strani
 

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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

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