The 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 Forcible Entries and Unlawful Detainers, the Insolvent Act, and the Rules of the Supreme CourtH.H. Bancroft, 1863 - 667 páginas As amended, with notes and references, and an appendix containing the act concerning courts of justice, the act concerning forcible entries and unlawful detainers, the insolvent act, and the rules of the Supreme Court. |
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Página 6
... claim be assigned so that the assignee may sue . Bul- lard v . Kinney , 10 Cal . 63 . 26. The right of action which one has , who has been induced by fraud to execute a conveyance and part with possession , is not assignable . The deed ...
... claim be assigned so that the assignee may sue . Bul- lard v . Kinney , 10 Cal . 63 . 26. The right of action which one has , who has been induced by fraud to execute a conveyance and part with possession , is not assignable . The deed ...
Página 10
... claim and then become a witness for him , he cannot , when the claim is for goods sold and delivered , because this is an unliquidated demand within the Prac- tice Act . Cravens v . Dewey , 13 Cal . 40 . 81. An account in writing ...
... claim and then become a witness for him , he cannot , when the claim is for goods sold and delivered , because this is an unliquidated demand within the Prac- tice Act . Cravens v . Dewey , 13 Cal . 40 . 81. An account in writing ...
Página 11
... claim is incompetent as a wit- ness in favor of the claim when his assignee is a formal party to the record , and equally so when the suit is prosecuted for the immediate benefit of his assignee , though not a party . Id . 91. Where the ...
... claim is incompetent as a wit- ness in favor of the claim when his assignee is a formal party to the record , and equally so when the suit is prosecuted for the immediate benefit of his assignee , though not a party . Id . 91. Where the ...
Página 12
... claim to be regarded as a bona fide holder for value , without any reference to the question of actual consider- ation , or to that of the authority of the officer or agent . Farmers ' & Mechanics ' Bank v . Empire Stone Dressing Co ...
... claim to be regarded as a bona fide holder for value , without any reference to the question of actual consider- ation , or to that of the authority of the officer or agent . Farmers ' & Mechanics ' Bank v . Empire Stone Dressing Co ...
Página 13
... claim of the opposite party , though the latter be insolvent , and his demands have not become payable when assigned . Myers v . Davis , 22 N. T. R. 489 . 22. Equitable assignments . - The assignee of a judgment is only the holder of an ...
... claim of the opposite party , though the latter be insolvent , and his demands have not become payable when assigned . Myers v . Davis , 22 N. T. R. 489 . 22. Equitable assignments . - The assignee of a judgment is only the holder of an ...
Outras edições - Ver tudo
The Civil Practice Act of the State of California: As Amended, with Notes ... California Visualização integral - 1863 |
The Civil Practice Act of the State of California: As Amended, with Notes ... California Visualização integral - 1863 |
The Civil Practice Act of the State of California: As Amended, With Notes ... Charles H. Parker Pré-visualização indisponível - 2017 |
Palavras e frases frequentes
9 Cal Abbott adverse party affidavit alleged amend amount answer appeal application appointed arrest assignment attachment attorney averment Barb bill bond cause of action certificate Clerk complaint contract copy costs County Court Court of Equity Court of Sessions creditors damages debt decree deed defendant demurrer deposition discharge District Court ejectment entered entitled equity error evidence execution facts filed foreclosure fraud granted ground Held homestead hundred husband injunction insolvent interest issue judgment debtor jurisdiction jury Justice land levy liable lien mandamus ment misjoinder mortgage motion N. Y. Code necessary notice objection payment personal property plaintiff pleadings possession Practice Act premises proceedings purchaser real property record recover redemptioner referee refusing remittitur rendered replevin Sheriff Sheriff's deed Smith sold statement statute sufficient suit summons Supreme Court sureties taken therein thereof tion trial undertaking verdict vols wife witness writ
Passagens conhecidas
Página 31 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Página 321 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Página 129 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Página 170 - The plaintiff, at the time of issuing the summons, or at any time afterward, may have the property of the defendant attached, as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment, as in this chapter provided, in the following cases : 1.
Página 471 - The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business ; and...
Página 413 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Página 104 - When cross -demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.
Página 423 - The testimony of a witness in this State may be taken by deposition in an action at any time after the service of the summons or the appearance of the defendant, and in a special proceeding after a question of fact has arisen therein, in the following cases: 1.
Página 37 - ... committed on a lake, river or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed. 2d. Against a public officer or person especially appointed to execute his duties, for an act done by him in virtue of his office...
Página 30 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.