The Code of Civil Procedure of the State of California: Adopted March 11, 1872. With Amendments Up to and Including Those of the Thirty-eighth Session of the Legislature, 1909. With Citation Digest Up to and Including Volume 154 California Reports and Volume 7 Appellate Reports
Bancroft-Whitney, 1909 - 1169 páginas
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action adding affidavit allowed Amended by Code Amended by Stats amount answer ante appeal application appointed attachment attorney based on Practice based on Probate bond cause changing chapter Citations civil claim clerk Code Amdts commissioner complaint copy costs defendant direct effect enacted in 1872 Enacted March 11 entered entitled evidence execution executor or administrator fact filed final give given granted guardian hearing hundred inserting interest issued judge judgment jurisdiction jury justice Legislation letters lien manner motion necessary notice omitting paid party payment person petition plaintiff pleadings possession Post Prac Practice Act present Probate Act 1851 proceedings receive record Repealed residence sentence served sheriff specified subd substituting summons superior court sureties taken therein thereof trial unconstitutional undertaking unless writ writing
Página 794 - An agreement that by its terms is not to be performed within a year from the making thereof; 2. A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section twenty-seven hundred and ninety-four; 3.
Página 134 - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount claimed on the contract, or delivering the property or its value to such person as the court may direct ; and the court may, in its discretion, make the order.
Página 172 - The Court may, at any time, in furtherance of justice, and on such terms as may be proper, 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...
Página 151 - Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows: 1. If the action be against the defendants jointly indebted upon a contract, be may proceed against the defendant served, unless the Court otherwise direct...
Página 299 - An action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claim...
Página 718 - ... at the expiration of his trust to settle his accounts with the court or with the ward, if he be of full age, or his legal representatives, and to pay over and deliver all the estate, moneys, and effects remaining in his hands, or due from him on such settlement, to the person who is lawfully entitled thereto.
Página 151 - ... 1. If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served,* unless the court otherwise direct, and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served, and if they are subject to arrest, against the persons of the defendants served : or, 2.
Página 437 - It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station ; or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board, or person.
Página 168 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.