The Code of Civil Procedure of the State of California, Volume 1

Front Cover
A.L. Bancroft, 1874 - Civil procedure
 

Contents

OF THE COUNTY COURTS
19
Officers of the Court
34
CHAPTER III
35
Original jurisdiction
36
Appellate jurisdiction
38
May reverse affirm or modify etc remittitur
49
Number of Judges necessary for the transaction of business
50
Court always open for certain purposes
51
CHAPTER IV
52
Judges election and terms of
53
Demurrer to the complaint 348
62
Terms of Court in the First District
64
Fifth District
65
Eighth District
66
Tenth District
67
Thirteenth District
68
Fifteenth District
69
Terms of the District Court where held
71
CHAPTER VI
88
Presumptions in favor of its judgments
98
Territorial extent of civil jurisdiction
101
CHAPTER IX
107
PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS
108
Justices of the Peace must hold
113
CHAPTER I
114
CHAPTER V
122
COURTS OF JUSTICE IN GENERAL
123
Jurors in general
124
Jury to be drawn upon the order of the Judge
130
CHAPTER II
137
TITLE IV
139
How appointed and duty
140
Compensation
141
TITLE V
142
Qualifications
143
Oath
144
Roll of attorneys
145
General duties
147
Authority of attorney
152
Change of attorney
153
Notice of change
155
Conviction of felony Moral turpitude
156
Proceedings for removal or suspension
157
Answer
158
CHAPTER II
175
CHAPTER III
188
CHAPTER IV
198
When two or more disabilities exist etc
201
Limitation laws of other States effect of
203
Existing causes of action not affected
204
Court when to decide controversy or to order other parties to
205
Wife may defend when
220
Guardian how appointed 292
223
When representatives may sue for death of one caused by the wrongful act of another
224
Who may be joined as defendants
234
Parties defendant in an action to determine conflicting claims to real property
241
Parties in interest when to be joined When one or more may sue or defend for the whole
242
Plaintiff may sue in one action the different parties to commer cial paper
244
Tenants in common etc may sever in bringing or defending actions
246
Another person may be substituted for the defendant
249
Intervention when it takes place and how made
250
Associates may be sued by name of association
253
TITLE IV
256
TITLE V
267
DEMURRER TO ANSWER
313
CHAPTER II
314
CHAPTER III
348
CHAPTER VI
391
What not to be deemed a variance
404
Suing a party by a fictitious name when allowed
416
Arrest and bail
417
ARTICLE I
418
Order for arrest by whom made
420
Security by plaintiff before order of arrest
421
Affidavit and order to be delivered to the Sheriff and copy to defendant
422
Defendant to be discharged on bail or deposit
423
Same
424
Bail how exonerated
425
Inventory how made Party refusing to give memorandum may be compelled to pay costs
482
Perishable property how sold Accounts without suit to be collected
483
If plaintiff obtains judgment how satisfied
484
When suits may be commenced on the undertaking
485
Attachment in what cases it may be released and upon what terms
486
When a motion to discharge attachment may be made and upon what grounds
487
When motion made on affidavit it may be opposed by affidavit
488
Powers of Receivers
492
Investment of funds
493
Money paid to Clerk must be deposited with County Treasurer
494
CHAPTER III
515
Formation of jury
522
QUALIFICATIONS AND EXEMPTIONS OF JURORS
523
ARTICLE III
542
CHAPTER VII
565
New trial defined
569
CHAPTER VIII
577
TITLE IX
598
When made returnable
599
his death
606
What shall be liable to be seized in execution Not to be affected till a levy is made
607
When property is claimed by a third party how the right of property is tried
610
What exempt from execution
613
Writ how executed
618
Notice of sale under execution how given
621
Sales how conducted Neither the officer conducting it nor his deputy to be a purchaser Real and personal property how sold Judgment debtor if pres...
622
If purchaser refuses to pay purchase money what proceedings
623
Court of justice may proceed in a summary manner against a purchaser refusing to pay Officer may refuse such purcha sers bid after
624
Personal property not capable of manual delivery how delivered to purchaser
625
Real property when absolute sale or not In the latter case what the certificate must contain
626
Real property so sold by whom it may be redeemed
628
When it may be redeemed and redemption money
630
When judgment debtor or other redemptioner may redeem
632
In cases of redemption to whom the judgments are to be made
634
What a redemptioner must do in order to redeem
635
Rents and profits
636
If purchaser of real property be evicted for irregularities in sale what he may recover and from whom When judgment to be revived Petition for the ...
638
PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION
639
Disobedience of orders how punished
646
CHAPTER III
663
CHAPTER IV
669
as determined by the Court
677
Judgment not to affect tenants for years to the whole property
678
A lien on an undivided interest of any party is a charge only on the share assigned to such party
679
Proceeds of sale disposition of
680
Referees may take securities for purchase money
681
Terms of sale must be made known at the time Lots must be sold separately
682
Conveyances must be recorded and will be a bar against parties
683
Duties of the Clerk making investments
684
A guardian may consent to partition without action and exe cute releases
685
Apportionment of counsel fees and expenses
686
CHAPTER I
699
Place of trial of actions in Justices Courts
700
Form of pleadings
708
ARTICLE III
715
Judgment when defendant fails to appear
716
Trials in Justices Courts
719
Offer to compromise before trial
721
CHAPTER X
727
Dockets of Justices
729
Justices may issue subpoenas and final process to any part
733
CHAPTER I
736
List of persons to serve as jurors to be made by Supervisors 128
747
What may be reviewed on an appeal from judgment
751
CHAPTER II
752
APPEALS FROM PROBATE COURTS
757
Appeal from judgment of Justices or Police Courts
758
INSPECTION OF WRITINGS
763
Offer of the defendant to compromise
765
CHAPTER VI
778
Costs in a review other than by appeal
787
Costs on appeal how claimed and recovered
788
When plaintiff is a nonresident or foreign corporation de fendant may require security for costs
789
If such security be not given the action may be dismissed
790
CHAPTER VII
791
Proceedings on offer of the defendant to compromise after suit
792
Actions against a Sheriff for official acts
793
People of State not required to give bonds when State is a party
794

Other editions - View all

Common terms and phrases

Popular passages

Page 377 - 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.
Page 654 - Anything which is injurious to health, or 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, is a nuisance, and the subject of an action.
Page 234 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 542 - The verdict of a jury is either general or special. A general verdict, is that by which they pronounce generally upon all or any of the issues either in favor of the plaintiff or defendant. A special verdict is that "by which the jury find the facts only, leaving the judgment to the court.
Page 42 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty ; acquiring, possessing, and protecting property ; and pursuing and obtaining safety and happiness.
Page 510 - In other actions, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted...
Page 224 - When the death of a person not being a minor, or when the death of a minor person who leaves surviving him either a husband or wife or child or children, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Page 559 - Where the trial of an issue of fact shall require the examination of a long account on either side ; in which case the referees may be directed to hear and decide the whole issue, or to report , upon any specific question of fact involved therein ; or, 2.
Page 570 - Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors; 3.
Page 406 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...

Bibliographic information