The Code of Civil Procedure: Of the State of California, Part 3

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T.A. Springer, 1872 - Civil procedure - 768 pages

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Contents

OF THE COUNTY COURTS
15
Officers of the Court
16
Justices may issue subpoenas and final process to any part
27
Court in each county
29
OF THE PROBATE COURT
35
Territorial extent of civil jurisdiction
40
Demurrer to the complaint 113
41
PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS
43
CHAPTER I
49
The several Courts of this State 15
55
Jury to be drawn upon the order of the Judge
60
CHAPTER II
67
TITLE IV
68
How appointed and duty
69
OF OTHER PERSONS INVESTED WITH SUCH POWERS
71
Receivers and guardians
77
When actions by the people or their grantees are to be brought
82
Exception as to persons under disabilities
92
Court when to decide controversy or to order other parties to
95
Parties defendant in an action to determine conflicting claims
98
TITLE IV
101
are served
110
DEMURRER TO ANSWER
111
CHAPTER II
112
CHAPTER VI
117
ཅེ3 ཙ རྩ རྩ
119
What not to be deemed a variance 22
121
rights
123
TITLE VII
124
defendant
126
Arrest how made
127
Bail how proceeded against
128
Qualification of bail
129
Payment of money into Court by Sheriff
130
99
131
Undertaking on attachment
138
Adjournment of Court for absence of Judge
140
When suits may be commenced on the undertaking
145
CHAPTER III
153
Formation of jury
155
When and how trial by jury may be waived
163
New trial defined
169
TITLE IX
176
PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION
192
Partition must be made according to the rights of the parties
201
The Court may order a sale or partition and appoint referees
206
The Court may set aside or affirm report and enter judgment thereon Upon whom judgment to be conclusive
207
A lien on an undivided interest of any party is a charge only on the share assigned to such party
208
Proceeds of sale disposition of
209
Referees may take securities for purchase money
210
Terms of sale must be made known at the time Lots must be sold separately
211
Conveyances must be recorded and will be a bar against parties
212
Duties of the Clerk making investments
213
A guardian may consent to partition without action and exe cute releases
214
Apportionment of counsel fees and expenses
215
CHAPTER V
216
823
222
OF PROCEEDINGS IN JUSTICES COURTS
224
Form of pleadings
231
Judgment when defendant fails to appear
237
Trials in Justices Courts
240
Offer to compromise before trial
242
Docket what to contain
248
CHAPTER I
253
Appeals in general
254
CHAPTER II
261
Appeal from judgment of Justices or Police Courts 196
263
CHAPTER I
267
Offer of the defendant to compromise
269
A party may demand inspection and copy of a book paper etc
270
Costs in action by or against an administrator
275
The time within which an act is to be done may be extended
281
Removal and suspension
287
If the applicant succeed he may have damages costs and
290
Appearance
293
TITLE II
296
TITLE IV
312
Certain liens for salaries and wages
317
OF CONTEMPTS
318
TITLE VII
325
TITLE IX
337
Majority of arbitrators may determine any question They
338
OF THE HOMESTEAD
341
OF ACCOUNTS RENDERED BY EXECUTORS AND ADMINISTRATORS
342
Probate of foreign wills
343
The probate may be contested within one year
350
ARTICLE VI
353
LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANNEXED
354
ARTICLE IV
360
64
361
Revocation of letters of administration
362
ARTICLE VI
363
be recorded
364
eCo C
365
Right ceases when
366
Further security may be ordered
367
New sureties
368
WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED AND MISCELLA
370
Oath of appraisers and inventory how made
376
Action when not to abate by death marriage or other disabil
385
Claims in action pending at time of decease
390
CHAPTER VII
399
Order to show cause how made and on what notice
402
Further proceedings to conform to Articles II and IV
404
refer
405
Order to persons interested to appear
406
Hearing after proof of service Presentation of claims
407
What the order of sale must contain May be at public or pri vate sale
408
To deliver copy of order to executor
409
Private sale of real estate how made and notice Bids when and how received
410
Purchase money on sale on credit how secured
411
May file objections when and who
412
Order of confirmation what to state
413
Where payment of debts etc provided for by will
414
Contribution among legatees
415
Executor to assign contract
416
The holder of the mortgage or lien may purchase the lands His receipt to the amount of his claim a valid payment
417
Account of sale to be returned
418
What executors are not parties to actions
420
Recovery of property fraudulently disposed of by testator
421
CHAPTER IX
422
Execution of conveyance and record thereof how enforced
423
Effect of recording a copy of the decree
424
Liabilities and compensation of executors and administrators
425
Order in which debts to be paid
432
245
434
Decree to be made only after notice
438
56
441
Actions may be prosecuted in the Spanish language in certain
446
CHAPTER XII
447
57
449
counties
455
58
457
59
465
60
473
CHAPTER I
492
CHAPTER II
519
JUDICIAL DEPARTMENT
553
Duties of Secretary of State
594
Undertakings mentioned in this Code requisites
639
Members of the Court 16
646
PART III
648
Actions how commenced 228
651
PROCEEDINGS AGAINST JOINT DEBTORS
665
Parties not summoned in action on joint contract may be sum
672
Estates less than fifteen hundred dollars to go to wife and child
681
Probate Judge may present claim and action thereon
682
Where party to whom conveyance to be made is dead 424
685
Not to be interested in the payments for or on account of estates
687
CHAPTER II
696
OF SPECIAL PROCEEDINGS OF A CIVIL NATURE
719
287
756

Other editions - View all

The Code of Civil Procedure: Of the State of California, Part 3
California,Creed Haymond,John Chilton Burch,John Hill McKune
Full view - 1872
The Code of Civil Procedure of the State of California
California,Creed Haymond,John Chilton Burch,John H. McKune
Snippet view - 1872
The Code of Civil Procedure: Of the State of California
Creed Haymond,California,California Commission to Revise the Law
No preview available - 2015
View all »

Common terms and phrases

action or proceeding adjourn adverse party adverse possession affidavit answer appear application appointed arrest ARTICLE attached attorney bail cause of action certificate CHAPTER civil actions claim Clerk Code commenced complaint copy County Clerk County Court County of San Court or Judge Courts of record debts decedent deemed defendant demurrer deposit discharge District Court duties election Enacting clause entitled evidence execution executor or administrator fact filed guardian interest issue judgment judgment debtor Judicial District July jurisdiction jurors jury Justice letters testamentary liable lien manner ment Monday of January Monday of March motion notice oath payment personal property petition plaintiff pleadings possession powers Probate Court Probate Judge proceed real estate real property record remittitur seal second Monday SECTION September served Sheriff statute summons Supreme Court sureties term therein thereof third Monday tion trial undertaking unless witness writ writing

Popular passages

Page 109 - 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.
Appears in 510 books from 1846-2007
Page 555 - ... 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
Appears in 751 books from 1819-2008
Page 590 - The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon...
Appears in 498 books from 1821-2002
Page 155 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Appears in 238 books from 1777-1998
Page 602 - I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of , according to the best of my ability.
Appears in 396 books from 1821-2007
Page 593 - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Appears in 292 books from 1860-1998
Page 604 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property, and laws shall be passed more clearly defining the rights of the wife in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.
Appears in 266 books from 1837-2007
Page 164 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial ; 5.
Appears in 159 books from 1850-1998
Page 81 - Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life; or, 4.
Appears in 222 books from 1777-1998
Page 591 - In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease.
Appears in 384 books from 1821-2002

Bibliographic information

QR code for The Code of Civil Procedure
TitleThe Code of Civil Procedure: Of the State of California, Part 3
The Code of Civil Procedure: Of the State of California, California. Commission to Revise the Laws of California
AuthorsCalifornia, Creed Haymond, John Chilton Burch, John Hill McKune
ContributorCalifornia. Commission to Revise the Laws of California
PublisherT.A. Springer, 1872
Length768 pages
  
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