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 |
From inside the book
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Page 16
... fees . Section 96. Justices ' clerk , deputies , etc. , not to act as attorney . 97. Salaries . 98. What justices successors of others . 99. Justices ' courts in townships of four hundred thousand or more . Any of the justices may hold ...
... fees . Section 96. Justices ' clerk , deputies , etc. , not to act as attorney . 97. Salaries . 98. What justices successors of others . 99. Justices ' courts in townships of four hundred thousand or more . Any of the justices may hold ...
Page 17
... fees collected by them . All persons who have been appointed to such positions and who have served a period of six months in their respective positions and all persons who may be appointed to such positions shall , after they have ...
... fees collected by them . All persons who have been appointed to such positions and who have served a period of six months in their respective positions and all persons who may be appointed to such positions shall , after they have ...
Page 18
... fee fund , after being first allowed and audited as other demands are by law required to be audited and allowed . One of said deputies shall remain in attendance during the sessions of said court , and at such other times as the said ...
... fee fund , after being first allowed and audited as other demands are by law required to be audited and allowed . One of said deputies shall remain in attendance during the sessions of said court , and at such other times as the said ...
Page 19
... fees ; and no judgment shall be rendered in any action before said justices ' court , or any of said justices , until the fees allowed therefor , and all fees for previous services therein , which are destined to be paid into the ...
... fees ; and no judgment shall be rendered in any action before said justices ' court , or any of said justices , until the fees allowed therefor , and all fees for previous services therein , which are destined to be paid into the ...
Page 22
... fees for issuance of all processes and all other fees , which are allowed by law for any official service of the justices of the peace shall be exacted and paid in advance into the hands of said justices ' clerk and be by him accounted ...
... fees for issuance of all processes and all other fees , which are allowed by law for any official service of the justices of the peace shall be exacted and paid in advance into the hands of said justices ' clerk and be by him accounted ...
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.