The Code of Civil Procedure of the State of California: As Adopted in 1872, and Amended in 1873-4 and 1875-6. With References to the Decisions of the Supreme Court; and Notes Showing the Changes Made in the Different Statutes Consolidated in the Code, Since Their Original Adoption
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action adverse affidavit allowed amended amount answer appear application appointed attachment attorney bond cause certified chapter civil claim clerk commenced complaint contain copy costs County Court debts decedent deemed defendant deposit direct district effect entered entitled evidence examination execution executor or administrator fact filed five give given granted guardian hearing hundred inserted interest issued judge judgment jurisdiction jury justice land letters lien manner March ment motion necessary notice officer omitted original otherwise paid party payment person petition plaintiff pleadings possession presented probate court proceed proceedings proof real property reason received record reference rendered residence respective served sheriff sold specified Stat statement subdivision sufficient summons sureties taken term therein thereof tion trial undertaking unless Vide witness writ writing
Page 112 - ... 1. 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.
Page 90 - 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 84 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 88 - ... when the question is one of a common or general interest of many persons, or when the parties are numerous and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 762 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial, as provided in this Code: (1) For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property.
Page 583 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 77 - An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party, of the facts constituting the fraud or mistake.
Page 576 - ... be, without the consent of the other, examined, as to any communication made by one to the other during the marriage. But this exception does not apply to a civil action or proceeding, by one against the other, nor to a criminal action or proceeding, for a crime committed by one against the other ; 2.
Page 577 - A licensed physician or surgeon cannot, without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient.
Page 183 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.