The Code of Civil Procedure of the State of California ... the State Code of Civil Procedure, Adopted March 11, 1872: With the Subsequent Official Statute Amendments to and Including 1927, AnnotatedCalifornia law book exchange, 1927 - 680 pages |
Contents
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Common terms and phrases
action or proceeding adverse party affidavit alleged amount answer appeal application appointed arrest attachment attorney bond cause of action certificate city and county civil action claim commenced complaint copy corporation costs county clerk court of record court or judge creditor damages decedent decree deemed defendant demurrer deposited direct discharge docket dollars duties eminent domain entitled entry evidence execution executor or administrator fact fees filed five days guardian hearing hundred interest issued judge thereof judgment debtor judgment or order jurisdiction jury justice letters testamentary liability lien manner ment mortgage motion notice oath officer owner paid payment pending personal property petition plaintiff pleading possession probate proceeds real property record recover redemptioner referee rendered residence Section CHAPTER served sheriff specified summons superior court supreme court sureties therein thereto tion township trial jurors undertaking unlawful detainer unless verdict witness writ
Popular passages
Page 73 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 285 - Where the arbitrators were guilty of misconduct, in refusing to postpo'ne the hearing, upon sufficient cause shown, or in refusing to hear evidence, pertinent and material to the controversy; or of any other misbehavior, by which the rights of any party have been prejudiced. (d) Where the arbitrators exceeded their powers, or so imperfectly executed them, that a mutual, final, and definite award, upon the subject matter submitted, was not made.
Page 88 - The court may in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading 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; and may, upon like terms, enlarge the time for answer or demurrer.
Page 71 - 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 63 - For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved; 2.
Page 88 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the pleading to be amended upon such terms as may be just.
Page 119 - After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of, or after notice to, the parties or counsel.
Page 71 - ... upon the application of any defendant it shall appear that such joinder may embarrass or delay the trial of the action, the Court may order separate trials, or make such other order as may be expedient and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment.
Page 71 - All persons may be joined in one action as plaintiffs who have an interest in the subject of the action or in whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, where if such persons brought separate actions any question of law or fact would arise...
Page 212 - ... sureties, to the effect that during the possession of such property by the appellant, he will not commit, or suffer to be committed any waste thereon, and that if the judgment be affirmed, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, pursuant to the judgment...