The Code of Civil Procedure of the State of California ... the State Code of Civil Procedure, Adopted March 11th, 1872 and the Subsequent Official Statute Amendments to and Including 1925 |
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Page ix
... Execution References and Trials by Referees Provisions Relating to Trials in General..124 New Trials Manner of Giving and Entering Judg- ment EXECUTION OF JUDGMENT IN CIVIL ACTIONS Proceedings Supplemental to Execution..148 ACTIONS IN ...
... Execution References and Trials by Referees Provisions Relating to Trials in General..124 New Trials Manner of Giving and Entering Judg- ment EXECUTION OF JUDGMENT IN CIVIL ACTIONS Proceedings Supplemental to Execution..148 ACTIONS IN ...
Page 85
... execution admit- ted , unless denied by plain- tiff under oath . 449. Exceptions to rules prescribed by two preceding sections . 446. Every pleading must be subscribed by the party or his at- torney ; and when the complaint is verified ...
... execution admit- ted , unless denied by plain- tiff under oath . 449. Exceptions to rules prescribed by two preceding sections . 446. Every pleading must be subscribed by the party or his at- torney ; and when the complaint is verified ...
Page 91
... execute the order by arresting the de- fendant and keeping him in custody until discharged by law . 486. The defendant , at any time before execution , must be discharged from the arrest , either upon giving bail or upon depositing the ...
... execute the order by arresting the de- fendant and keeping him in custody until discharged by law . 486. The defendant , at any time before execution , must be discharged from the arrest , either upon giving bail or upon depositing the ...
Page 94
... execution or an attach- ment against the property of the plaintiff ; or , if so seized , that it is by statute ... executed by two or more sufficient sureties , approved by the sheriff , to the effect that they are bound Sec . 504 . 94 ...
... execution or an attach- ment against the property of the plaintiff ; or , if so seized , that it is by statute ... executed by two or more sufficient sureties , approved by the sheriff , to the effect that they are bound Sec . 504 . 94 ...
Page 104
... execution . 542. The Sheriff to whom the writ is directed and delivered , must execute the same without delay , and if the undertaking mentioned in section five hundred forty be not given , as follows : 1. Real property , standing upon ...
... execution . 542. The Sheriff to whom the writ is directed and delivered , must execute the same without delay , and if the undertaking mentioned in section five hundred forty be not given , as follows : 1. Real property , standing upon ...
Common terms and phrases
action or proceeding adverse party affidavit allowed amount answer appear application appointed attachment attorney bond cause of action certified city and county civil actions claim clerk commenced complaint copy corporation costs county clerk court or judge creditor damages debts decedent decree deemed defendant demurrer deposit direct discharge docket duties entitled evidence execution executor or administrator fact fees filed guardian hearing incompetent person issued judge thereof judgment debtor jurisdiction jurors jury justice justice's letters of administration letters testamentary liability lien manner ment minor mortgage motion municipal notice oath paid payment pending personal property petition plaintiff pleading possession probate proceeds real estate real property record recover redemptioner referee rendered residence Section CHAPTER served sheriff small claims court specified summons superior court supreme court sureties therein thereto tion trial undertaking unlawful detainer unless verdict writ
Popular passages
Page 76 - 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 90 - The court may in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.
Page 65 - For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved; 2.
Page 121 - After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of, or after notice to, the parties or counsel.
Page 74 - 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 94 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Page 74 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all, or any of them, be included in the same action, at the option of the plaintiff.
Page 61 - Where the person on whom service is to be made resides out of the state ; or has departed from the state ; or cannot, after due diligence, be found within the state ; or conceals himself to avoid the service of summons...
Page 12 - Court shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all other writs necessary or proper to the complete exercise of its appellate jurisdiction. 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 85 - 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.