The Code of Civil Procedure of the State of California in Four Parts |
Contents
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Common terms and phrases
1872 re-enactment Act as amended Act March affidavit amendment approved April amendment approved March amendment by Code amount appeal application appointed approved April 16 approved March 24 attorney bond C. C. P. pt certified chapter city and county claim clerk Code Amdts Code Commission commenced complaint copy corporation costs creditor decedent decree defendant docket effect August effect July 29 Enacted March 11 Enactment approved March entitled execution executor or administrator fact filed guardian hearing held unconstitutional Idaho interest issued judgment debtor jurisdiction jurors jury justice Kerr's Stats letters testamentary lien ment Mont mortgage motion notice paid payment pending personal property petition plaintiff pleadings Practice Act Probate Act real property record recover referee rendered repeal approved repeal by Code served sheriff summons superior court sureties therein trial undertaking verdict writ
Popular passages
Page 143 - ... 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 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 18 - Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any Superior Court in the State, or before any Judge thereof.
Page 153 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the pleading to be amended, upon such terms as may be just.
Page 124 - In case of the death or any disability of a party, the court, on motion, may allow th'e action to be continued by or against his representative or successor in interest.
Page 173 - In an action upon a contract, express or implied, for the direct payment of money, where the contract is made or is payable in this state, and is not secured by any mortgage or lien upon real or personal property, or any pledge of personal property, or, if originally so secured, such security has, without any act of the plaintiff, or the person to whom the security was given, become valueless; provided, that an.
Page 135 - When publication is ordered, personal service of a copy of the summons and complaint, out of the State, is equivalent to publication and deposit in the Post Office.
Page 648 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 104 - When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of five years from the termination of the tenancy, or, where there has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after...
Page 167 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2. When it appears by the complaint or affidavit that the commission or continuance of some act during the litigation would produce waste, great or irreparable injury to the plaintiff; 3.