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PERPETUATE Application for order to

perpetuate testimony, § 2084 Testimony, of witness may be

perpetuated, §§ 2083, 2084 PERPETUATING TESTIMONY. See Depositions; Evidence Mode of, § 2083

PERSON

Appealing, dies, § 941

Application; change of name, §§ 1275-1279

Confined under civil process;

discharge of, §§ 1143-1154 Evidence relating to a third person, § 1851

Handwriting of, how proved, §§ 1943-1945

Holding over must vacate
property, § 1161a
Injury to, what is, § 29
Present in court may be

compelled to testify, § 1990 Rights of; how affected, § 1848 Third person claiming property

under attachment, § 549 Witness, who cannot be, § 1880 Witness, who may be, § 1879 Word person, includes what, § 17 PERSONS

Estates of missing persons,
§§ 1822, 1822c

Evidence relating to third,
§ 1851

Testimony to be given in presence of affected, § 1846 PERSONAL PROPERTY. See

Claim and Delivery; Execution; Lien; Mortgage; Sale; Transfer Action for partition, who may bring, § 752a

Action for recovery; mistake in affidavit, § 473

Action for recovery of, § 341
Action to foreclose lien,

§§ 726-729a

Action to recover, application,

§ 389

Adverse claim to, § 1050 Affidavit in claim for delivery of, § 510

Amended pleadings in action to recover, § 473

PERSONAL PROPERTY - Cont'd
Attachment of, § 542
Claim and delivery of,

§§ 509-521

Claim of by third person, § 519 Defendant in action of specific

personal property, § 386 Defendant, when entitled to redelivery of, § 514

Delivery of, when may be claimed, § 509

Exception to sureties;

justification, § 513 How attached, § 541 How kept, § 518 How taken when concealed, § 517

Includes, money, goods, chattels, things in action, and evidence of debt, § 17

Joinder of actions, § 427 Justification of defendant's sureties; § 515

Limitation, action for injury to, § 338

Not capable of manual delivery, § 698

Notice and affidavit in claim; where filed, when, § 520 Protection of plaintiff in

possession of, § 521 Qualification of sureties; claim and delivery, § 516 Release of attachment or garnishment, § 542b Requisition to marshal to take and deliver, § 511 Requisition to take and deliver, § 511

Security by plaintiff in claim for delivery, § 512 Under attachment, claimed by third party, § 549 When plaintiff may claim delivery, § 509

PERSONAL SERVICE. See Notice; Papers; Service

PETITION

Change of name, what must specify, § 1276

May file within five years after judgment; escheated property, § 1272

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PLEADINGS- Cont'd
General rules - Cont'd
statute of limitations, how
pleaded, § 458
supplemental, revival of
judgment, § 685
variance in, § 469
variance, what not deemed
material, §§ 470-471
verification of, § 446
what allowed in, § 422
what are, § 420
Pleadings in civil actions,
§§ 420-476

Code prescribes the form and
rules of pleading, § 421
definition of pleadings, § 420
Pleadings in general

a judgment, how, § 456
action commenced by filing
complaint, § 405

action on joint contract, § 993
amended, to bring in necessary
parties, § 389

amendment, time for

application, § 473
amendment, what allowed,

§§ 472, 473
amendments, service of, party

defaulting, or not
appearing, § 476

answer, after demurrer, when
time to, § 476
answer may contain several,
§ 441

Code prescribes the form and
rules of pleadings, § 421
complaint, first pleading, § 425
complaint, what to contain,
§ 426

conditions, precedent, how,
§ 457

court may order amended,
when, § 389
cross complaint, § 442
cross demand, §§ 439, 440
defective, validity of, § 1046
definition of pleadings, § 420
demurrer, §§ 430, 431
divorce, § 1019
extension of time, § 1054
first; complaint, § 425
filing of, where, § 465
general rules of, §§ 452-465

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PRACTICE-Cont'd

Practice generally - Cont'd
issues. See Issues

modes in which testimony
taken, § 2002

motions. See Motions
orders. See Orders
pleadings. See Pleadings
preference. See Preference
Preliminary provisions of

practice act, how cited, § 19
civil and criminal remedies
not merged, § 32
computation of time, § 12
criminal actions, § 31
division of injuries; two kinds,
§ 27

holidays, what not done on,
§ 13

injuries to person, § 29
injuries to property, § 28
joint authority, § 15
judicial remedies, § 20
limitations, shall continue
to run, § 9

obligations defined, § 26
retroactive; Code not, § 3
words, phrases, construed, § 16
words used, include, § 17
PRECEDENT. See Pleading

Condition precedent, how pleaded,
§ 457

PREFERENCE

Construction in favor of natural
right given, § 1866

Declaratory relief, action for,

§ 1062a
In actions for declaratory relief,
§ 1062a

Motion, new trial, § 660
PRELIMINARY PROVISIONS.

See Code of Civil Procedure
Of Code generally, §§ 3-32
Of special proceedings,
§§ 1063, 1064

PREMISES

Obtaining possession of, § 1161
When deemed held adversely,
§ 324
PREPARATION

Disposition of, § 2032

PRESENT

Includes future, § 17

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date, correct, § 1963

death, after seven years, § 1963
death, priority of, in common
disaster, § 1963

delivery, § 1963

delivery from possession of
order for, § 1963

endorsement of bill or note,
§ 1963

evidence suppressed would be
adverse, § 1963

evidence, that higher would be
adverse from inferior,
§ 1963

fraud, that private transactions
fair and regular, § 1963
generally, § 1963
identity of person from identity
of name, § 1963

innocence, § 1963

issue, matters in, § 1963

judge acting within jurisdiction,
§ 1963

judgment correctly determines
rights, § 1963
judicial orders, § 1909
jurisdiction that court or judge
acts within, § 1963
judges, that matters in issue
were laid before and
determined by, § 1963
law has been obeyed, § 1963
legitimacy, § 1963
letters mailed were received,
§ 1963

marriage of persons acting as
husband and wife, § 1963

PRESUMPTIONS - Cont'd
Disputable - Cont'd

may be rebutted by evidence,
§ 1961

money paid was due, § 1963
non-conclusive judicial record
correct, § 1963
obligation delivered, paid,
§ 1963

officer regularly appointed,
§ 1963

official duty performed, § 1963
ordinary care taken of one's
own concerns, § 1963
ordinary course of business,
§ 1963

ordinary course of life, § 1963
ordinary course of nature,

§ 1963

ownership from acts of
ownership, § 1963
ownership from possession,
§ 1963
partnership existed, § 1963
payment of rent or installments
on producing receipt, § 1963
regularity in private

transaction, § 1963
rent, last receipt for, § 1963
survivorship, § 1963
suppressed evidence adverse,
§ 1963

that one takes ordinary care

of his own concerns, § 1963
trustee has conveyed, § 1963
unlawful intent, § 1963
witness presumed to speak
truly, § 1847
Document over thirty years

presumed genuine, § 1963
Error not presumed prejudicial,
§ 475

Evidence, presumption may
prevail, when, § 2061
Foreign court, that it acted

within jurisdiction, § 1963
Marriage, presumption of, § 1963
Officer regularly appointed, § 1963
Partnership, presumption as to,
§ 1963

Possession presumed to be with
holder title, § 321
Possession, presumption of
ownership, § 1963

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