The California Practice Act: Being an Act Entitled "An Act to Regulate Proceedings in Civil Cases in the Courts of Justice in this State," Passed April 29, 1851, and Amended May 18, 1853, May 18, 1854, April 28, May 4, and May 7, 1855, Feb. 20, 1857, March 24, and April 15, 1858 : Also "An Act Concerning the Courts of Justice of this State ... |
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Page 34
... defendant . 1. A person named as defendant and not served with process , is not a party to the action . Robinson v . Frost , 14 Barb . , 536 . 3 . When a question of fact not put in issue by the pleadings , is to be tried by a jury , an ...
... defendant . 1. A person named as defendant and not served with process , is not a party to the action . Robinson v . Frost , 14 Barb . , 536 . 3 . When a question of fact not put in issue by the pleadings , is to be tried by a jury , an ...
Page 37
... defendant , upon the application of the infant , if he be of the age of fourteen years , and apply within ten days after the service of the summons ; if he be under the age of fourteen , or neglect so to apply , then upon the ...
... defendant , upon the application of the infant , if he be of the age of fourteen years , and apply within ten days after the service of the summons ; if he be under the age of fourteen , or neglect so to apply , then upon the ...
Page 42
... defendants reside in the state , or , if residing in this state , the county in which they so reside be unknown to the plaintiff , the same may be tried in any county which the plaintiff may designate in his complaint ; and if any defendant ...
... defendants reside in the state , or , if residing in this state , the county in which they so reside be unknown to the plaintiff , the same may be tried in any county which the plaintiff may designate in his complaint ; and if any defendant ...
Page 45
... defendant , and be issued under the seal of the court . 24. [ 1854. ] The summons shall state the parties to the action , the court in which it is brought , the county in which the complaint is filed , and require the defendant to ...
... defendant , and be issued under the seal of the court . 24. [ 1854. ] The summons shall state the parties to the action , the court in which it is brought , the county in which the complaint is filed , and require the defendant to ...
Page 46
... defendant to answer the complaint , shall be as follows : 1st . If the defendant is served within the county in which the action is brought , ten days . 2d . If the defendant is served out of the county , but in the district in which ...
... defendant to answer the complaint , shall be as follows : 1st . If the defendant is served within the county in which the action is brought , ten days . 2d . If the defendant is served out of the county , but in the district in which ...
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Common terms and phrases
Abbott action adverse affidavit alleged allowed amended amount answer appeal application appointed arrest attachment attend attorney authority brought cause cause of action certified CHAPTER charge claim clerk complaint copy costs county court damages debtor defendant delivered demand demurrer deposition direct discharged district court dollars effect entered entitled evidence examination execution facts filed five follows give given granted ground held hundred injunction interest issue judge judgment July jurisdiction jury justice land liable lien manner matter ment mortgage motion necessary notice objection officer party person plaintiff pleading possession proceed proceedings proper purchaser question received record recover referee refusing rendered reside respective served sheriff specified statement statute sufficient suit summons sureties taken therein thereof tion trial undertaking unless verdict witness writ
Popular passages
Page 37 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 41 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Page 35 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Page 157 - If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint to the satisfaction of the court, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners...
Page 38 - ... 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 104 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 65 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Page 140 - ... up to the time of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after purchase, and interest on such amount, and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien with interest.
Page 269 - When two or more persons, associated in any business, transact such business under a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates ; and the judgment in the action shall bind the joint property of all the associates, and the individual property of the party or parties served with process, in the same manner as if all had been named defendants and had been sued...
Page 97 - All persons having in their possession, or under their control, any credits or other personal property belonging. to the defendant, or...