The Civil Practice Act of the State of California: As Amended, with Notes and References, and an Appendix Containing the Act Concerning Courts of Justice, the Act Concerning Forcible Entries and Unlawful Detainers, the Insolvent Act, and the Rules of the Supreme CourtAs amended, with notes and references, and an appendix containing the act concerning courts of justice, the act concerning forcible entries and unlawful detainers, the insolvent act, and the rules of the Supreme Court. |
From inside the book
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Page 19
... complaint so drawn is demurrable . McKune v . Me Garvey , 6 Cal . 497 . 34. In an action brought by a married woman concerning property belonging to her as sole trader , under the Act of 1852 , the husband need not be joined . Gutt- man ...
... complaint so drawn is demurrable . McKune v . Me Garvey , 6 Cal . 497 . 34. In an action brought by a married woman concerning property belonging to her as sole trader , under the Act of 1852 , the husband need not be joined . Gutt- man ...
Page 39
... complaint was filed on the thirtieth day of October , 1856 , and no summons was issued thereon , and an amended complaint was filed on the twenty- sixth of January , 1857 , and summons issued thereon : Held , that the suit was not ...
... complaint was filed on the thirtieth day of October , 1856 , and no summons was issued thereon , and an amended complaint was filed on the twenty- sixth of January , 1857 , and summons issued thereon : Held , that the suit was not ...
Page 40
... complaint , briefly stating the sum of money or other relief demanded in the complaint ; and the Clerk shall also indorse on the summons the names of the plaintiff's attorneys . 1. The only object of a summons is to bring a party into ...
... complaint , briefly stating the sum of money or other relief demanded in the complaint ; and the Clerk shall also indorse on the summons the names of the plaintiff's attorneys . 1. The only object of a summons is to bring a party into ...
Page 42
... complaint , certified by the Clerk , shall be served with the summons . When the sum- mons is served by the Sheriff or his deputy , it shall be returned with the certificate or affidavit of the officer , of its service , and of the ...
... complaint , certified by the Clerk , shall be served with the summons . When the sum- mons is served by the Sheriff or his deputy , it shall be returned with the certificate or affidavit of the officer , of its service , and of the ...
Page 47
... complaint accompanied the summons . McMillan v . Reynolds , 11 Cal . 378 . 5. See ante , § 28 . 6. Return in case of publication . — The failure to deposit in the post - office a copy of the complaint and summons , directed to such ...
... complaint accompanied the summons . McMillan v . Reynolds , 11 Cal . 378 . 5. See ante , § 28 . 6. Return in case of publication . — The failure to deposit in the post - office a copy of the complaint and summons , directed to such ...
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The Civil Practice Act of the State of California: As Amended, With Notes ... Charles H. Parker No preview available - 2017 |
Common terms and phrases
9 Cal Abbott adverse party affidavit alleged amend amount answer appeal application appointed arrest assignment attachment attorney averment Barb bill bond cause of action certificate Clerk complaint contract copy costs County Court Court of Equity Court of Sessions creditors damages debt decree deed defendant demurrer deposition discharge District Court ejectment entered entitled equity error evidence execution facts filed foreclosure fraud granted ground Held homestead hundred husband injunction insolvent interest issue judgment debtor jurisdiction jury Justice land levy liable lien mandamus ment misjoinder mortgage motion N. Y. Code necessary notice objection payment personal property plaintiff pleadings possession Practice Act premises proceedings purchaser real property record recover redemptioner referee refusing remittitur rendered replevin Sheriff Sheriff's deed Smith sold statement statute sufficient suit summons Supreme Court sureties taken therein thereof tion trial undertaking verdict vols wife witness writ
Popular passages
Page 31 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 321 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 129 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 170 - The plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment, as in this chapter provided, in the following cases : 1.
Page 471 - The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business ; and...
Page 413 - 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 104 - When cross -demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.
Page 423 - The testimony of a witness in this State may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases: 1.
Page 37 - ... committed on a lake, river or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed. 2d. Against a public officer or person especially appointed to execute his duties, for an act done by him in virtue of his office...
Page 30 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.