Revised Laws of the State of California: In Four Codes : Political, Civil, Civil Procedure, and Penal, Volume 3

Front Cover
T.A. Springer, State printer, 1871 - California
 

Contents

Judicial districts
20
Civil action by whom prosecuted
23
Criminal actions
24
Civil and criminal remedies not merged
25
This court continued
34
JUDICIAL DAYS
38
May reverse affirm or modify etc remittitur
45
ARTICLE I
49
Of impanelling juries of inquest
50
Jury to be drawn upon the order of the judge
54
Mode and manner of impanelling
60
OF PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS
63
Clerk to notify parties of filing of report
64
OF THE FORM OF CIVIL ACTIONS
75
Such seizin when necessary in action or defence arising out of title
76
No 2
80
CHAPTER III
82
Action to be in name of party in interest
87
Court when to decide controversy or to order other parties to
93
Actions how commenced
96
When defendant may demur
102
Answer in such cases
107
OF COSTS
111
CHAPTER I
112
him
116
Allowance of bail
117
CHAPTER II
118
Affidavit and its requisites
119
Exception to sureties and proceedings thereon or on failure to except
120
Qualification of sureties
121
When it may be granted
122
granted
123
When to be vacated or modified
124
the parties require
128
When property claimed by a third party how tried
129
When suits may be commenced on the undertaking
130
When a motion to discharge attachment may be made and upon what grounds
131
CHAPTER VI
133
Manner of enforcing the order
134
CHAPTER II
136
FORMATION OF THE JURY
139
When and how trial by jury may be waived
145
ARTICLE II
152
When property is claimed by a third party how the right of property
159
CHAPTER II
172
Actions for the foreclosure of mortgages
175
23
177
CHAPTER IV
179
Proceeds of sale belonging to parties unknown must be invested
180
Answer of defendants what to contain
182
Lienholders must be made parties or a referee be appointed to ascer tain their rights
183
Partition must be made according to the rights of the parties as deter mined by the court
184
Judgment not to affect tenants for years to the whole property
185
Party holding other securities may be required first to exhaust them
186
Referees may take securities for purchase money
187
Who may not be purchasers
188
Eminent domain defined
189
Certain writs abolished
190
Parties and time and place of commencing actions in justices courts
197
Writ of attachment shall issue upon affidavit
203
Person who served as juror during preceding year not to be selected
207
CHAPTER VI
211
TITLE XIII
221
Orders made out of court without notice may be reviewed by the judge
222
Compensation of attorneys Costs to parties
240
but one
241
Defendants costs must be allowed of course in certain cases
242
Costs in action by or against an administrator etc
243
Filing of and affidavit to bill of costs
244
If such security be not given the action may be dismissed
245
Successive actions on the same contract etc
246
Two of three referees etc may do any act
247
People of state not required to give bonds when state is a party
248
Parties how designated
251
Must be either alternative or peremptory Substance
253
Clerk to issue citation to respondent
258
Proceedings on contest
260
Controversy how submitted without action
264
Summons form and service
270
LIENS OF MECHANICS AND OTHERS UPON REAL PROPERTY
272
TITLE V
279
Judgment and penalty if guilty
282
Voluntary Dissolution of Corporations
283
Objections may be filed
284
Summons what to contain How issued and served
292
Rules of practice
293
Duties and powers of commissioners
294
The date of service of summons or appearance determines the time of the accruing of damages
295
Commissioners to file report
296
Escheated Estates
316
five years
318
Jurisdiction of probate court over the estate when exercised
322
Testimony reduced to writing for future evidence
329
Oaths and bonds of executors and administrators
334
52
338
62
340
Revocation of letters of administration
341
Hearing of petition for revocation
342
recorded
343
Each of more than one administrator to give separate bonds
344
Right ceases when
345
Citation to executor etc to show cause against such application
346
Release of sureties
347
Duties of special administrator
348
WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED AND MISCELLANEOUS PRO
350
Executor or administrator to deliver real estate to heirs or devisees
355
CHAPTER V
361
Court to direct partition suit in the district court when Proceedings
364
thereon
367
New appraisement when ordered Instead of deeding property at appraised value public sale to be ordered when
368
CHAPTER VI
369
judgments
371
Allowance and rejection of claims
372
Rejected claims to be sued for within three months
373
Claims in action pending at time of decease
374
What judgment is not a lien on real property of estate
375
Trial by referee how confirmed and its effect
376
Of sales and conveyance of property to decedents
377
Sales of personal property
378
Summary sales of mines and mining interests
380
Sales of real estate interests therein and confirmation thereof
382
Notice of sale
387
Of the powers and duties of executors and administrators and of
396
223
405
room for additional sections at the end of each chapter and arti
414
Ninety per cent of appraised value must be offered
447
When order of confirmation is to be made and when
483
62
489

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