The Code of Civil Procedure of the State of California: Adopted March 11, 1872, and Amended Up to and Including 1905, with Statutory History and Citation Digest Up to and Including Volume 147 of California Reports, Volume 1Bancroft-Whitney, 1906 - 1079 pages |
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CODE OF CIVIL PROCEDURE OF THE California,James Henry Deering,Walter S. (Walter Scott) B. 1869 Brann No preview available - 2016 |
Common terms and phrases
adverse party adverse possession affidavit Am'd amended amount answer Ante appeal application appointed April 29 arrest attachment attorney bond cause certificate chapter city and county civil action claim clerk Code commenced commissioner complaint conveyance copy corporation costs court or judge creditor debtor debts decedent decree defendant demurrer deposit discharge docket duties effect eminent domain entitled evidence execution executor or administrator fact filed guardian hearing interest issue judge thereof judgment judgment debtor jurisdiction jurors jury justice justice's court letters letters of administration letters testamentary liability lien manner March 11 mortgage motion notice oath payment pending personal property petition plaintiff pleadings possession Post Prac Prob probate proof quiet title real property record referee seal served sheriff Stats Subd summons superior court supreme court sureties therein tion trial undertaking verdict witness writ writing
Popular passages
Page 47 - The Superior Court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine...
Page 147 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 28 - Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person...
Page 671 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 122 - 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 124 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all, or any of them, be included in the same action, at the option of the plaintiff.
Page 193 - ... in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment ; 5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; 6.
Page 125 - In case of any other transfer of interest, the action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action of proceeding.
Page 335 - ... to the effect that they are bound in the amount mentioned in the order of arrest ; that the defendant shall at all times render himself amenable to the process of the Court, during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Page 128 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...