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

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T.A. Springer, 1872 - Всего страниц: 768
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CHAPTER III
17
Court in each county
29
CHAPTER VI
35
Territorial extent of civil jurisdiction
40
Demurrer to the complaint 113
41
PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS
43
TITLE II
49
Jurors in general
56
Jury to be drawn upon the order of the Judge
60
Offer to compromise before trial
65
TITLE IV
68
how designated 50
81
When actions by the people or their grantees are to be brought
82
CHAPTER 1
87
Exception as to persons under disabilities
92
Court when to decide controversy or to order other parties to
95
TITLE IV
101
CHAPTER I
111
CHAPTER II
112
CHAPTER VI
117
Amendments of course and effect of demurrer
121
rights
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
Action when not to abate by death marriage or other disabil
131
Undertaking on attachment
139
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 there remains a balance due how collected 144 а 552 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
Appointment of Receivers upon dissolution of corporations
148
Investment of funds
149
CHAPTER III
153
Formation of jury
155
When and how trial by jury may be waived
163
New trial defined
169
TITLE IX
176
PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION
192
CHAPTER IV
201
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
782 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
224
Form of pleadings
231
Judgment when defendant fails to appear
237
VII Trials in Justices Courts
240
Abstract of judgment
242
Docket what to contain
248
Undertaking or deposit on appeal
254
CHAPTER III
262
Appeal from judgment of Justices or Police Courts
263
Offer of the defendant to compromise
269
CIIAPTER I
270
Costs in action by or against an administrator
275
Certificate of admission License
277
Authority of attorney
283
Parties how designated
287
Proceedings for removal or suspension
289
CHAPTER II
290
TITLE II
296
Oath to be administered www
304
If not discharged prisoner may again apply when
305
CHAPTER IV
306
Unlawful detainer defined
307
County Courts have jurisdiction
308
22
323
Application what to contain
324
TITLE VII
325
The complaint and its contents
329
Court shall have jurisdiction to regulate the mode of making crossings or of enjoying a common use
330
TITLE IX
337
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
CHAPTER II
353
LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANNEXED
354
ARTICLE IV
360
Revocation of letters of administration
362
ARTICLE VI
363
Additional bonds when required
364
Conditions of bonds
365
When bond may be dispensed with
366
Further security may be ordered
367
New sureties
368
WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED AND MISCELLA
370
Of the inventory and collection of the effects of decedents
376
PROPERTY
385
Another person may be substituted for the defendant
386
Claims in action pending at time of decease
390
CHAPTER VII
399
Order to show cause how made and on what notice
403
Further proceedings to conform to Articles II and IV
404
Verified petition for sale what to contain and to what it may 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
Where payment of debts etc provided for by will
414
Contribution among legatees
415
Executor to assign contract
416
To what cases preceding section not to apply
418
Executors may sue and sud för recovery of property
419
Surviving partner to settle up business Interest therein to be appraised Account to be rendered 1536 Actions on bond of executor or administrator ma...
420
Recovery of property fraudulently disposed of by testator
421
CHAPTER IX
422
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
245
434
Decree to be made only after notice
438
CHAPTER XII
447
is sufficient for all purposes
448
Rules of practice generally
449
Court to appoint attorney for minor or absent heirs devisees legatees or creditors when and what compensation he is to receive
450
Costs by whom paid in certain cases
451
Duty of persons in whose house any stranger dies
453
Order to examine party charged with embezzling estate
454
When there are no heirs or claimants moneys and effects paid to County Treasurer etc
455
Fees of officers when and by whom paid
456
CHAPTER I
492
Actions how commenced 228
493
OF JURISDICTION
502
CHAPTER II
519
CHAPTER V
539
Clerk must enter causes on the calendar to remain until disposed
553
Duties of Secretary of State
594
MISCELLANEOUS
598
Citation to answer
620
Appearance
631
How to answer
639
OF THE COURT FOR THE TRIAL OF IMPEACHMENTS
646
83
657
54
662
PROCEEDINGS AGAINST JOINT DEBTORS
665
Parties not summoned in action on joint contract may be sum
672
Subsequent applications for orders when prohibited
676
The holder of the mortgage or lien may purchase the lands His receipt to the amount of his claim a valid payment 417
684
CHAPTER II
696

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Стр. 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.
Стр. 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.
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 81 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; or, 4.
Стр. 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.

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