Budd on Civil Remedies Under the Code System: With Forms Applicable to Civil Actions

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Chas. W. Palm Company, 1902 - Civil procedure - 763 pages
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Contents

Carrillo 32 Cal 175
64
CHAPTER X
85
CHAPTER XII
91
Answer of a sheriff in an action in which the sheriff
96
CHAPTER XIII
108
CHAPTER XVI
129
CHAPTER XXI
144
CHAPTER XXIII
150
CHAPTER XXIV
159
Burnett 33 Cal 658 346
163
CHAPTER XXVII
171
CHAPTER XXIX
180
CHAPTER XXXII
193
CHAPTER XXXIII
201
CHAPTER XXXIV
208
CHAPTER XXXV
218
Helbing 107 Cal 298 233 307
232
CHAPTER XXXVII
238
Marshall 34 Cal 165 85
257
CHAPTER XXXVIII
262
Amador Countr v Butterfield 51 Cal 526 195
265
AngloNevada A C v Nadeau 90 Cal 399 365
276
CHAPTER XLII
300
Orr 100 Cal 301 186
301
Of forcible entry and forcible and unlawful detainer
306
Superior Court 57 Cal 247 287
308
CHAPTER XLVI
317
Bank of Escondido v Superior Court 106 Cal 43 246
322
CHAPTER XLVII
323
CHAPTER XLVIII
330
Of other duties and of the powers of an executor or admin
351
CHAPTER LIV
367
Of guardians and wards
394
Of forms and an appendix of forms
403
Petition for appointment of guardian ad litem for incompetent person
405
Petition for appointment of guardian ad litem for minor insane or incompetent person defendant made by a plaintiff
406
plaintiff
407
Order by court appointing guardian ad litem for a 5 Complaint by an executor
408
Complaint by an administrator
409
Complaint against an executor or administrator
410
Complaint by a receiver
411
Complaint against a receiver
412
Complaint by a minor an insane or incompetent per son sueing by his guardian ad litem
414
Complaint by husband and wife
415
Complaint against partners on their check
416
and others
417
Complaint by one creditor sueing on behalf of himself 15 Complaint on loan of money
418
Complaint against a bank which has accepted a check and afterwards refused to pay it
419
Complaint for money due on account
420
Complaint on an account stated
421
Complaint on a bond for the fidelity of an employee
422
Complaint on an administrators bond
423
Complaint on a fire policy by the insured
424
Complaint on insurance on life
426
Complaint on a valued policy on ship
427
Complaint on open marine policy
428
Complaint by lessor against assignee of lessee
429
Complaint on note estimated in money but payable in chattels
430
Complaint on a subscription
431
Complaint by employee prevented from fulfilling con tract of employment
432
Complaint by employer
433
Complaint against a physician and surgeon
434
Complaint against mortgagor for foreclosure
435
Notice of pendency of action
437
Complaint against a bailee of goods for not taking care of and returning them
438
Against a common carrier for injury to person and property
439
Against an innkeeper
440
Against a sheriff for neglecting to levy on property
441
Against a vendor for deceit on sale of land
442
Against a railroad company for damage to person and property
443
Complaint against a railroad company by an employee for injuries by reason of defective machinery
445
Complaint against a defendant who has obtained pos session of goods by fraud
446
Complaint against defendant for malicious injury
447
Complaint against defendant for trespass on land
448
Complaint against defendant for erecting and main taining a slaughter house
450
Complaint against a defendant for obstructing a way to plaintiffs property
451
Complaint against defendant for seduction of plaint iffs daughter
460
Complaint against defendant for enticing away plaint iffs wife
461
Complaint against defendant for goods and chattels wrongfully taken and detained
462
Complaint for goods and chattels wrongfully taken from the possession of plaintiffs lessee
463
Complaint for wrongful detention of goods and chat tels
464
Ejectment and for use and occupation
465
Complaint by representatives of a decedent for negli gent acts causing his death
466
Complaint to have restrained infringement of trade mark and for damages
467
Complaint that parties interplead
468
Against a judgment debtor and the person to whom he has fraudulently conveyed property
469
Against a defendant to annul a contract
471
Against a vendee to enforce lien for purchase money
472
Against mortgagee to redeem
473
Action for the dissolution of a copartnership 774
474
Action for partition of property
475
Complaint in an action to quiet title
477
crops caused by overflow of water
479
Verification by the party himself
481
Affidavit showing the service of a summons by a pri vate person
482
Order for service of the summons in an action by pub lication
483
Affidavit of publication of summons
484
Affidavit for order for arrest of a defendant in a civil action
485
Form of the undertaking required by the judge before order for arrest is made
487
Undertaking of bail by a defendant arrested in a civil action
488
Exception to bail
489
Affidavit for claim and for delivery
490
Requirement that the sheriff take property
491
Approval of undertaking by sheriff
492
Undertaking for the return of such property to defend ant
493
Undertaking on behalf of plaintiff on a claim to prop erty by a third person
494
Affidavit for writ of attachment when contract WS made or is pavable in this state
495
Affidavit for attachment against a non resident when the contract was not made or is not payable in this state
496
Undertaking to indemnify sheriff
497
Order of the court or of a judge thereof for the sale of attached property
498
Order releasing from attachment attached property 199
499
Order discharging an attachment improperly or irreg larly issued
500
Order dissolving or modifying injunction
501
Undertaking for the appointment of a receiver
502
Undertaking of a receiver
503
Admission by an attorney of the service of a notice
504
Affidavit of the service of notice
505
Order extending time to answer
511
Affidavit or residence and of merits and a demand
517
Answer to an action on an obligation when the answer
523
Defences in an action for an alleged wrong of the jus
529
Defense in action by sheriff for detaining goods
535
Answer to verified complaint in ejectment
540
Application for the entry of default after personal
547
Entry of such default by the clerk
553
Stipulation of counsel to take deposition
560
Certificate of county clerk of a county to a com
564
Authentication of a document in the state of Cali
570
General verdict of the jury for plaintiff in the action
576
Judgment when the jury has found for the plaintiff
582
Evidence of service of bill of exceptions endorsed
595
Petition for a writ of prohibition
609
Complaint in an action for the forcible detainer
615
Judgment in an action foreclosing a lien under
621
Complaint for the condemnation of land for a public
627
Certificate to be attached to will admitted to probate
635
Order setting a day for the hearing of report of
642
Order and decree on the hearing when the appraised
644
Petition to set apart after payment of expenses
650
Allowance or rejection of a claim by an executor
656
Order fixing time of the hearing of the returns of sale
662
Return of sale of real estate of a decedent
668
304a Notice of sale of real estate at public auction
669
Petition for an order that an executor or admin
675
Report accompanying said account
682
Order appointing a special administrator
689
Order and decree of partial distribution
695
Notice of the rendering of the final account of
701
Decree or judgment confirming the report of the com
714
BUDD 1
721
Order to show cause made on the foregoing petition
727
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Page 256 - State in which a decision in the suit could be had, 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 49 - 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 then order them to be brought in...
Page 23 - The Supreme Court shall have appellate jurisdiction in all cases in equity, except such as arise in Justices' 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...
Page 42 - 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 40 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Page 185 - In charging the jury the court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it state the testimony of the case, it must inform the jury that they are the exclusive judges of all questions of fact.
Page 190 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 105 - There can be but one action for the recovery of any debt, or the enforcement of any right, secured by mortgage upon real . estate or personal property ; which action must be in accordance with the provisions of this chapter.
Page 63 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 232 - The undertaking on appeal must be in writing, and must be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars; or that sum must be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal.

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