ORDER-Cont'd
Escheated estate, of sale, § 1271
Estates of missing persons, sale
of property, court order,
§ 1822c
Final, effect of, § 1908
Inspection of documents, § 1000
Nunc pro tunc, filing under, in
proceedings to establish title,
records burned, § 1046a
Payment of money, § 1007
Review, how, § 936
Sale of property, estate of missing
person, § 1822c
OUSTER. See Ejectment
OWNERSHIP
Presumption of, generally, § 1963
Certificate of purchase, primary
evidence of, § 1925
PAPERS. See Affidavit; Certificate;
Filing; Notice; Service;
Summons; Writings
Defective, may be valid, § 1046
How served, §§ 1010-1011
Inspection of by party, § 1000
Lost; how supplied, § 1045
Lost or destroyed records, etc.,
Notices, in service of, § 1010
Prima facie evidence, § 2087
Service of, §§ 1010-1019
PARENT AND CHILD. See
Infant; Minor
Change of name by infant, who
to make application, § 1276
Father or mother may sue for
injury or death of child, § 376
Father or mother may sue for
seduction of daughter, § 375
Service of summons on parent
in action against child, § 411
PAROLE EVIDENCE. See
Evidence
Agreement reduced to writing
deemed the whole, § 1856
Custom of, to explain character
of contract, § 1870
Evidence, what is, § 1834
PARTICULARS
Bill of, § 454
PARTICULAR CASES
Evidence in, §§ 2074-2079
PARTIES. See Actions;
Complaints; Party
Actions, against joint debtors,
§§ 989-994
Actions, to; how designated, § 308
Actions, to, married woman may
Action must be in name of real
party in interest except,
§ 367
Adding, §§ 389, 473
Adverse claim, § 738
Amendment, changing, § 473
Bringing in new, §§ 389, 473
Contempt by, § 1209
Costs to, § 1021
Deemed the same, when, § 1910
Defendants, where part only
served, § 414
Defined, § 308
Ejectment, in, summons to
unknown, §§ 750, 751
Escheated estate, appearance of,
§ 1271
Estopped, who are, §§ 1908, 1910
Examination of adverse party,
Excluded from courtroom, party
cannot be, § 2043
Fictitious name, § 474
Forcible entry and detainer,
§§ 1164, 1165
Generally, in unlawful detainer,
Having no interest, § 379b
Joint contract on, how
summoned, §§ 989-991
Judgment against one, action to
proceed against others, § 579
Judgment for or against, § 578
Manner of service on,
May demand inspection and
copy of writing, § 1000
Misjoinder, demurrer for, § 430
Mortgages, in action to redeem,
§ 346
Names of, in complaint, § 426
Not summoned in action on joint
contract may be summoned
after judgment, § 989
Parties to civil actions, §§ 367-
PARTIES-Cont'd
Parties to civil actions - Cont'd
abatement of actions, § 385
action to be in name of party in
associates may be sued by name
of association, § 388
children, action for injury to,
§ 376
court may order amended
pleadings, when, § 389
death, action for causing, etc.,
§ 377
defendants, actions for real
property, § 380
doubt as to whether defendant
liable, § 379c
defendant in action upon
contract or specific personal
property may have another
person substituted;
conflicting claims, how
made, § 386
defendants, who may be joined
as, § 379
defendant, who may join as,
§ 379a
executor, trustee, etc., may
sue without joining the
persons beneficially
interested, § 369
father, etc., may sue for
seduction of daughter,
§ 375
guardian, how appointed, § 373
infant, etc., appearance of by
guardian; may compromise,
§ 372
intervention, when and how
married women as parties to
actions, § 370
order preventing
embarrassment, § 379b
parties holding under common
title, § 381
parties in interest, when to be
joined; when one or more
may sue or defend for the
whole, § 382
persons severally liable as
sureties may join as
plaintiffs in action, § 383
PARTIES-Cont'd
Parties to civil actions - Cont'd
plaintiff, who may be joined as,
§ 378
seduction, unmarried female
may sue for her own, § 374
tenants in common, etc., may
sever in bringing or
defending actions, § 384
thing; assignment of in action
not to prejudice defense,
§ 368
wife may defend, when, § 371
Partition, action on must show
interests of all, § 753
Partition; expenses of, how
shared, § 768
Partition; see Partition.
Quieting title, §§ 346, 738
Receiver, consent by for
investment of funds in
hands of, § 569
Rights of determined by
judgment, § 577
Where deemed the same, § 1910
Who may be joined, §§ 379a, 379c
Writings, possession by adverse
party, notice to produce,
Actions for partition - Cont'd
court must protect tenants
unknown, § 780
duties of the Director of
Administration in making
investments, § 791
estate of life or years may be
set off in a part of the
property not sold, when
not all sold, § 770
expenses of partition must
be apportioned among the
parties, § 768
interests of all parties must
be set forth in the
complaint, § 753
investment must be made in
the name of the Director
of Administration, § 789
judgment not to affect tenants
for years to the whole
property, § 767
lien holders not of record need
not be made parties, § 754
partial partition, § 760
partition must be according to
rights of parties; sale of
undivided interests;
allotment of shares to each
party, § 764
party holding other securities
may be required first to
exhaust them, § 772
plaintiff must file notice of
lis pendens, § 755
proceeding if a lien holder
becomes a purchaser, § 786
proceeds of sale belonging to
parties unknown must be
invested for their benefit,
§ 788
proceeds of sale, disposition of,
§ 773
referees may take securities for
purchase money, § 777
referees to execute conveyances,
$ 785
referees must report sale to
court; court may vacate
sale, § 784
referee's sales may be public
or private, § 775
PARTITION - Cont'd
Actions for partition - Cont'd
report of referees, § 765
right of all parties may be
put in issue, § 759
securing value of contingent
future rights or estates or
life estates, § 781
summons, to whom directed,
§ 756
tenants whose estate has been
sold shall receive
compensation, § 778
terms of sale must be made
known at the time; lots
must be sold separately,
§ 782
the guardian of an insane
person may receive the
proceeds of such party's
interest, § 794
the share of an infant may be
paid to his guardian,
§ 793
unknown parties may be
served by publication,
§ 757
when proceeds of sale are paid
into court, § 774
when the interests of the
parties are ascertained,
securities must be taken
in their names, § 790
when unequal partition is
ordered, compensation may
be adjudged in certain
cases, § 792
who may bring actions for
partition, § 752
who may not be purchasers,
§ 783
Appeal, from order for,
Dismissal of action, § 581a
Enforced judgment, § 686
Estates; see Probate Code.
Tenant for years not affected by
judgment, when, § 767
PARTNERSHIPS. See Civil Code
Acts or declarations of partner
as evidence, § 1870
Presumption of, § 1963
Receiver for, § 564
PARTNERSHIPS - Cont'd
Referee, partner cannot be, § 641
Suit, firm name, § 388
PART PERFORMANCE
Power to direct specific
performance, § 1972
PARTY. See Parties.
Adverse, examination by of
witness, § 2055
Adverse, notice to of deposition
to be taken, § 2031
Aggrieved, may appeal when,
§ 938
Claiming property in execution,
undertaking by, § 710a
Death of in action for partition,
§ 763a
Deposition may be used by
either party, § 2028
Either party may read deposition,
except, § 2022
Evidence, to be produced by
Execution, when may issue
against property of, after
death of, § 686
Injunction, obtaining order,
what must do, § 527
Judgment, may be against one
party and action proceed as
to others, § 579
Judgment may be for or
against, § 578
May answer under oath, in writ
of mandate, § 1089
May inspect writings, etc., § 1000
Partition, allotment of shares to
Prevailing party on appeal,
entitled to costs, except,
§ 1027
Refusing inventory memorandum
in attachment, may pay costs,
§ 546
Suing a party by fictitious name;
when allowed, § 474
Third party; claims for execution
against property, § 689
PAYMENT. See Receipt
Debts of estate; see Probate Code
Offer of, when equivalent to,
§ 2074
Presumption of, § 1963
PAYMENT-Cont'd
Receipt to be given for, § 2075
Tender of, what, §§ 2074, 2076
PEDIGREE
Declaration of decedent, evidence
of, § 1852
What admissible as evidence of,
§ 1870
PENALTY. See Contempt;
Damages; Fine; Judgment
Arrest in action for, § 479
Contempt, for, § 1218
Disobedience to subpoena,
Execution sale, taking down
notice of, § 693
Liability of marshal, § 682
Limitation of action on,
§§ 338, 340
Mandamus, disobedience to,
§ 1097
Refusing to obey writ of mandate,
§ 1097
Selling property under execution
without notice, § 693
Witness disobeying subpoena,
Writ of mandate, disobedience to,
§ 1097
PENDENCY OF ACTION
As ground of demurrer, § 430
Code, effect of, § 8
Notice of, affecting title, § 409
When action deemed pending,
§ 1049
PENSIONS
Exemption from execution, § 690
PERFORMANCE. See Obligation
Agreement for, must be in
writing, § 1973
Of condition precedent, how
pleaded, § 457, 459
Time of, of act, extension of,
§ 1054
PERISHABLE. See Execution;
Property
Perishable property under
attachment, how sold,
§§ 547, 548, 692
PERJURY. See Witness
Number of witnesses to prove,
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