TILE CIVIL PRACTICE ACT OF THE STATE OF CALIFORNIA, AS AMENDED, WITH NOTES AND REFERENCES, AND AN APPENDIX CONTAINING THE ACT CONCERNING COURTS OF JUSTICE; THE ACT CONCERNING SUPREME COURT, EDITED BY ATTORNEY AT LAW. SAN FRANCISCO: 18 63 ENTERED according to Act of Congress, in the Year of our Lord 1863, by H. H. BANCROFT AND COMPANY, In the Clerk's Office of the District Court of the United States, in and for the Northern District of the State of California. TOWNE & BACON, PRINTERS, EXCELSIOR OYTICE, 536 Clay Street, San Francisco. PREFACE. The desire of the Editor of the present edition of the Practice Act has been, not only to collate the various decisions bearing upon and construing the different sections of the Act, but to classify them in such a manner as to facilitate reference to them by the practitioner. The general plan attempted to be followed is much the same as that pursued in Howard's and in Voorhies' editions of the New York Code. Where the provisions of our own Act are similar to those of the Code, the number of the corresponding section has been given. It is hoped that this will be found useful in consulting the decisions of that State relating to practice. The more important New York decisions rendered since the publication of the works of Howard and Voorhies, have been added under the appropriate sections. Throughout the work those sections which are referred to in Title XVI, and made applicable to Justices' Courts, are marked“ J. P.” As it is not always easy to draw definitely the line between what is law relating to practice purely, and that which pertains to the higher and more universal principles of jurisprudence, the Editor has preferred to be found rather too liberal than too strict in his annotations ; for this reason it is not improbable that much matter will be found in this edition, which would have been omitted by others. But when it is considered that the design has been, as much as possible, to render the present work available for the whole profession as a book of ready reference, this will hardly be considered a serious objection, although adding somewhat to the size of the volume. Errors, typographical and other, are to be found in all books. This will undoubtedly prove no exception. A few of the most important which have been discovered are noted. SAN FRANCISCO, 10th February, 1863. C. H. P. TERMS OF THE COURTS OF RECORD IN THIS STATE. District. COUNTY COURTS. Nov., unless otherwise Bxed by law. COURTS OF SESSIONS. PROBATE COURTS. wise fixed by law. Alameda, 3 3d Monday in July, Nov. and March. 1 Mon. July, Oct. & Jan. ; 3 Mon. Ap. See County Court. See ('ourty Court.. 3. Mon. Jan., Mar., May, July, Sept. See County Court, and Nov.]. . [Sept. and 4th Mon. Nor. ..(July and Oct. ..(Aug.; 2 Mon. Dec. 1st Mon. March and June; 2d Mon. 2d Mon. Feb.; 31 Mon. Apr., 4 Mon. Feb.'and May; 3 Mon. See ('ounty Court. 1 Mon. Apr.; 3 M. July & Oct....... See County Court... ..(and Dec 1 Mon. Fet ., May, July, Nov. 2d Mon. Feb., April, June, Aug., Oct. See County Court... See County Court. [June, Aug. and Oct. See County Court See (ounty Court 1 Mon. Feb., May, Aug. and Nov.. See County Court.[Sep. Nov. See County Court 2d Mon. Feb. and 31 Mon. April, 4 Mon. Feb., 1 M. May, July, See County Court. [Dec. 1st Mon. Mar., June, Sept. and Dec.. See County Court. 3 Mon. Mar., June, Sept. and Merced, 13 4th Monday in January, May and Sept. 1 M.Jan. Mar. May, Jul. Sep. See County Court...[& Nov. See Court of Sessions. See ('ourt of Sessions.. Napa,.. 7 1st Monday in February, June and Oct. 20 Mon, Mar., July, and 1 Mon. Nov. 1st Mon. Apr., Sept. and Dec. 30 Mon. Mar., July, 2d Mon. Nevada, 14 Ist Monday in Feb., Apr., June, Aug., Oct. and Dec.. 1st Mon. Jan., May and Sept. 1st Mon. Mar., July and Nov. [Nov. Placer, 11 24 Monday in Jan., April, July 3d Mond. Oct..... 2d Mon. Sep., 4 Mon. Jan. and May. See County Court. 1st Mon. Jan., May and Sept. See County Court. 1st Mon. Jan., Mar., May, July, Sep Ist Mon Feb., June and Oct. ...and Nov. 4 1st Monday in Feb., Apr., June, Aug., Oct. and Dec. 3d Mon. Jan., Mar., May, JuS. Francisco, { 12 ist Monday in Jan., Mar. May, July, Sept. and Nov. ly, Sept. and Nov. San Joaquin,...5 1st Monday in Jan., April, August and Dec. 1st Mon. Feb. and Oct.; 2 Mon. May. See County Court.. [Dec. S. L. Obispo, 12 2d Monday in Jan., April, July and Oct. 34. Mon. Mar., June, Sept. and Dec.. 4th Mon. Mar., June, Sept. & 3d Wednesday each month.. San Mateo. 12 3d Monday in Feb, June and October... Ist Mon. Feb., June and October.. See County Court.. Tues, after County Court.... 1st Mon. Feb., May, Aug. & Nov... 2d Mon. Feb., May, Aug. and 3d Wednesday each month.. Ist Mon. Feb. June and Oct. See County Court. (Nov. See County Court.. 4th Mon. March, July and Nov..... See County Court. 1st Mon. Jan., May and Sept.. See County Court. See County Court. 9 See County Court. 3d Mon. April, Aug. and Dec. See County Court... [Nov 1st Mon. Feb., May, Ang and Nov.. 1st Mon. Feb.. ay, Aug. and See County Court. 3 Mon.Jan. Mar. May, July, Sep. Nov 3 Mon. Feb., Ap., June, Aug. Sutter, 102d Monday in March, June, Sept. and Dec. 1st Mon. Mar., June, Sept. and Dec.. ...(Oct. and Dec. Tehama, 15 1st Monday in Feb., June and Oct. 1st Mop. April, Aug. and Dec... See County Court. Trinity, 9 2d Monday in April, August and Dec. 2d Mon. Feb., May, Aug, and Tulare, 13 1st Monday in March, July and Nov (Nov. Tuolumne,.. 5 1st Monday in March, July and Nov. 1st Mon. Jan., May and Sept... (Sept. See County Court. 63d Monday in March; 2d Mon. Aug.; 38 Mond. De... 1st Mon.Jan.; 3 Mon. May & 1 Mon. 1st Mon. Apr., July and Dec. 2 Mon Jan. Mar. 4 Mon. May Yolo,.. Yuba, 1030 Monday in Jan., April, July and Oct. 1.st Mon. Jan., April, July and Oct. 3 Mo. Feb., May, Aug. & Nov. 12 Mon.July, Sep. 4 Mon. Nov CONTENTS. TO REGULATE PROCEEDINGS IN THE COURTS OF JUSTICE OF THIS STATE, AND OTHER STATUTES. |