The Code of Civil Procedure: Of the State of California, Part 3

Front Cover
T.A. Springer, 1872 - 768 pages

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Contents

OF THE COUNTY COURTS
15
Officers of the Court
16
CHAPTER III
17
Original jurisdiction
18
Number to pronounce judgment
19
CHAPTER IV
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
Court in each county
29
CHAPTER VI
35
TITLE XI
36
Territorial extent of civil jurisdiction
40
Demurrer to the complaint 113
41
PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS
43
CHAPTER I
49
Obedience to summons how enforced
56
Jury to be drawn upon the order of the Judge
60
Clerk to call list of jurors summoned
66
CHAPTER II
67
How appointed and duty
69
OF OTHER PERSONS INVESTED WITH SUCH POWERS
71
Accusation
75
Receivers and guardians
77
Possession when presumed Occupation deemed under legal
83
Exception as to persons under disabilities
91
Court when to decide controversy or to order other parties to
95
Who may be joined as plaintiffs
97
TITLE IV
101
are served
110
DEMURRER TO ANSWER
111
CHAPTER II
112
CHAPTER VI
117
63
120
66
121
What not to be deemed a variance
122
69
123
TITLE VII
124
defendant
126
Arrest how made
127
Bail how proceeded against
128
Qualification of bail
129
Payment of money into Court by Sheriff
130
99
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
Powers of Receivers
148
Investment of funds
149
CHAPTER I
150
Formation of jury
155
When and how trial by jury may be waived
163
New trial defined
169
TITLE IX
176
If purchaser refuses to pay purchase money what proceedings
186
PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION
192
Measure of damages in certain cases under the last section
198
Partition must be made according to the rights of the parties
201
Abstract of title
202
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
A guardian may consent to partition without action and exe cute releases
214
Apportionment of counsel fees and expenses
215
CHAPTER VI
219
OF PROCEEDINGS IN JUSTICES COURTS CHAPTER I 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
Judgment when defendant fails to appear
237
Offer to compromise before trial
242
Docket what to contain
248
Justices may issue subpoenas and final process to any part
251
Undertaking or deposit on appeal
254
Appeals from District Courts
261
MISCELLANEOUS
263
Judgment
299
Oath to be administered
303
Order of discharge
304
If not discharged prisoner may again apply when
305
CHAPTER IV
306
Parties defendant
308
Summons form and service of
309
Judgment by default
310
Verdict and judgment
311
TITLE IV
312
Certain liens for salaries and wages
317
TITLE V
318
Officer must return warrant and undertaking if any
319
41
321
Hearing
322
Illness sufficient cause for nonappearance of party arrested Confinement under arrests for contempt
323
Objections may be filed
324
TITLE VII
325
Facts necessary to be found by Court before condemnation
328
The complaint and its contents
329
Court shall have jurisdiction to regulate the mode of making crossings or of enjoying a common use
330
Costs may be allowed distribution thereof
333
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
The probate may be contested within one year
350
REVOCATION OF LETTERS AND PROCEEDINGS THEREFOR
354
2222
358
64
361
Revocation of letters of administration
362
ARTICLE VI
363
be recorded
364
eCo C
365
Right ceases when
366
Further security may be ordered
367
New sureties
368
Special letters may be issued out of term time
369
WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED AND MISCELLA
370
GENERAL
372
Oath of appraisers and inventory how made
376
Tenants in common etc may sever in bringing or defending
384
Rights of survivor to homestead
385
Claims in action pending at time of decease
390
CHAPTER VII
399
Order to show cause how made and on what notice
402
Further proceedings to conform to Articles II and 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
Private sale of real estate how made and notice Bids when and how received
410
Purchase money on sale on credit how secured
411
May file objections when and who
412
Order of confirmation what to state
413
177
414
Contribution among legatees
415
Executor to assign contract
416
Limitation of actions for vacating sale etc
417
To what cases preceding section not to apply
418
What executors are not parties to actions
420
Recovery of property fraudulently disposed of by testator
421
CHAPTER IX
422
Execution of conveyance and record thereof how enforced
423
Effect of recording a copy of the decree
424
Liabilities and compensation of executors and administrators
425
Order in which debts to be paid
432
Decree to be made only after notice
438
CHAPTER XII
447
Order to examine party charged with embezzling estate
454
Libel and slander how stated in complaint Not necessary
460
CHAPTER I
492
COURTS
498
CHAPTER II
519
Transact all executive business
594
596
596
VARIANCE
627
454
629
Subsequent applications for orders when prohibited
638
TITLE III
657
brought
663
Of jurors
675
Preference given to persons entitled to letters 369
680
When all property to go to children
681
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
Distribution when decedent was not a resident of this State 439
686
Every six months to make and publish return of condition
687
In cases of redemption to whom the judgments are to be made
704
When an action is commenced
729
Material variance how provided
739
Hour for appearance 230
755

Other editions - View all

The Code of Civil Procedure of the State of California
California,Creed Haymond,John H. McKune
Full view - 1872
The Code of Civil Procedure of the State of California
California,Creed Haymond,John Chilton Burch,John H. McKune
Snippet view - 1872
The Code of Civil Procedure: Of the State of California
Creed Haymond,California,California Commission to Revise the Law
No preview available - 2015
View all »

Common terms and phrases

action or proceeding adjourn adverse party adverse possession affidavit amount answer appear application appointed arrest ARTICLE attachment attorney bail cause of action certified CHAPTER civil actions claim Clerk Code commenced complaint copy costs County Clerk County Court County Judge County of San Court or Judge Courts of record debts decedent defendant demurrer deposit direct discharge District Court docket election entitled evidence execution executor or administrator fact filed granted guardian interest issue judgment debtor Judicial District jurisdiction jurors jury Justice letters testamentary liable lien Lienhold manner ment Monday of January motion notice oath payment personal property petition plaintiff pleadings possession powers Probate Court Probate Judge proceed real property record recover redemptioner referee remittitur seal second Monday SECTION served Sheriff sold specified summons Supreme Court sureties term therein thereof third Monday tion trial undertaking unless verdict witness writ writing

Popular passages

Page 109 - 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.‎
Appears in 510 books from 1846-2007
Page 555 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.‎
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Page 590 - The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon...‎
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Page 155 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.‎
Appears in 238 books from 1777-1998
Page 602 - I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of , according to the best of my ability.‎
Appears in 396 books from 1821-2007
Page 593 - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...‎
Appears in 292 books from 1860-1998
Page 604 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property, and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.‎
Appears in 266 books from 1837-2007
Page 164 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial ; 5.‎
Appears in 159 books from 1850-1998
Page 81 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; or, 4.‎
Appears in 222 books from 1777-1998
Page 591 - In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease.‎
Appears in 384 books from 1821-2002

Bibliographic information

TitleThe Code of Civil Procedure: Of the State of California, Part 3
The Code of Civil Procedure: Of the State of California, California. Commission to Revise the Laws of California
AuthorsCalifornia, Creed Haymond, John Chilton Burch, John Hill McKune
ContributorCalifornia. Commission to Revise the Laws of California
PublisherT.A. Springer, 1872
Length768 pages
  
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