Code of Law, Practice and Forms: For Justices' and Other Inferior Courts in the Western States, Volume 1

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Bender-Moss, 1912 - 1932 páginas

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Índice

LIABILITY
cxxviii
Statement in affidavit in alternative form what effect
cxxix
Definition of lien
cxxx
Assignment is without prejudice to existing defenso
cxxxvii
ORIGIN AND DEVELOPMENT 1 Origin of justices courts 2 Development of justices courts in the United States
1
CONTESTING ELECTIONS FOR MEMBERS OF
2
CHAPTER II
3
SUPERIOR COURT PROVISIONS
7
PARTIES
8
Number how determined 27 Number in cities and counties 28 Number in cities of first and onehalf second second and onehalf third and fourth clas...
13
Defendant to be discharged when judgment givenIn what cases 3166 OregonJudgment of acquittalDischargeEntry 3167 OregonCertified copy of ju...
16
WashingtonCity prisoners sentenced by justice of peace to work When
17
CHAPTER IV
19
CHAPTER V
29
CHAPTER VI
32
CHAPTER VII
33
BOND 85 BondHow fixed 86 BondNumber of sureties 87 BondHow payable 88 BondApproval recording and filing 89 BondCondition of 90 B...
35
UtahMagistrate may admit to bailForm 3309 OregonUndertaking on bailForm 3310 Undertaking on appealBail fixed by magistrateForm 3311 Affi...
41
CHAPTER IX
42
WashingtonBuying demand or promising reward by justice or con stable 148 WashingtonSolemnizing unlawful marriage 149 ColoradoBribery of j...
43
Affidavit for arrest of defendantForm
58
CHAPTER X
69
CHAPTER XI
73
Request to justice to actDisability_Form 188 Request to justice to actDisqualificationForm
74
ARTICLE I
76
Jurisdiction cannot be given by consent
77
JurisdictionGrant of carries necessary powers 197 Territorial extent of civil jurisdiction 198 WashingtonJurisdictionCoextensive with limits of count...
78
Authority of justice to determine jurisdiction
79
ARTICLE II
80
WHERE TITLE RIGHT TO POSSESSION OR ILLEGALITY OF TAX INVOLVED 225 Jurisdiction involving title 226 SameMining claim 227 A...
87
ARTICLE IV
94
ARTICLE V
96
Criminal jurisdictionJustices courts
98
ARTICLE VII
99
ARTICLE VIII
102
What personal property may be mortgaged 2948 Personal property mortgageForm 2949 Power of sale 2950 When void as to third persons 2951 ...
105
ARTICLE IX
107
PURPOSE OF ATTACHMENT
108
ARTICLE X
110
Nonliability for judicial act 284 Reason for foregoing rule 285 Liability for acting without jurisdiction 286 Liability for acting after jurisdiction dev...
111
CHAPTER XIV
113
evidence 3172 WashingtonJudgment rendered and satisfied 3173 WashingtonStay of executionManner of procuring 3174 Proceedings on judgme...
117
CHAPTER XV
123
ColoradoFailure of justice to deliver docket etc Penalty
125
CHAPTER XVI
133
Attachment of property standing on the records in the namg
145
Recorders court in cities of the sixth classJurisdiction
146
SameJury trial 377 SameRules of practice 378 SameAppeals 379 SamePowers and duties of recorder
147
SameCompensation 381 SameDisqualification
148
CHAPTER XVII
149
JUSTICES COURTS IN CERTAIN TOWNSHIPS 390 In metropolitan townships 391 Authority of justices 392 Justices clerks 393 Duties of justice...
153
CHAPTER XIX
156
SameDisabilities 440 SameAuthority of judge 441 SameClerk 442 SameProsecuting attorney 443 SameFines and moneys collected 444 SameOffi...
157
Same Sessions 399 SameDepartments 400 SameDistribution of business 401 SameJurisdiction 402 Same Jurisdiction 403 SameJurisdiction
158
SamePowers of judges 405 SameCommitting to home for inebriates
159
SameCommitting to industrial school 407 SameSentencing to labor
160
SameContempt 409 SameClerk and deputies 410 SameOffice hours
161
SameFines and bail forfeits 412 SameSubstitute justice 413 SameDying statements
162
Same Attorneys 415 SameBailiffs 416 Police courts in cities of the first and onehalf classHow constituted 417 SameJurisdiction 418 SameJurisdiction
163
SameDisqualification
164
CHAPTER XX
185
OrderReassigningIllnessForm
189
ColoradoAbsence of justice on day of trial
190
Disposition of moneys received in official capacity 496 WashingtonTo pay over moneys etc 497 Undertaking mentioned in the codeRequisites
191
New undertaking ordered when Failure to give etc 499 Deposit of money in lieu of undertaking 500 Where may not practice
192
CHAPTER XXI
193
SECURITY FOR COSTS 505 Security for costs may be required before issuing summons 506 Demand for undertakingForm 507 Order staying pr...
195
Deposit in exoneration of bail bond 3321 Application of deposit of money on judgment for payment of fine 3322 Exoneration of bail by surrender ...
197
CHAPTER XXIII
199
CHAPTER XXIV
200
Within six months 528 Within six monthsActions against county on rejected claims 529 Actions for relief not otherwise provided for 530Action on...
203
Money or property deposited 533 Thirty daysActions under local improvement act of 1901
204
CHAPTER XXV
207
CHAPTER XXVI
210
WHO MAY BE JOINED AS PLAINTIFFS 562 Who must be joined 563 Who must be joined 564 Action must be prosecuted in name of real party...
214
ARTICLE II
220
ARTICLE III
227
CHAPTER XXVIII
230
Complaint must accompany summons g 647 When summons served outside of county 648 Where service outside of county certificate required 64...
231
WAIVER OF ISSUANCE OF SUMMONS 715 Issuance of summons how waived 716 Waiver of issuance of summons when may be made 717 Iss...
232
Court may withdraw summons instead of issuing alias summons 733 When court acquires jurisdiction 734 WashingtonJurisdiction when acquired
233
Testimony to be transmitted to secretary of stateDuties
245
Service of papersIn general
252
Order for publication what must direct
259
Length of time of publication 679 When may be made on Sunday 680 When jurisdiction is acquired
260
Jurisdiction invoked by affidavit 682 Where mailing may be done 683 Summons must be mailed forthwith 684 Forthwith meaning
261
New summons and publication 686 Order of publication of summonsForm
262
WashingtonService by publicationForm of notice 688 WashingtonProof of service by publication
263
HOW SERVICE OF SUMMONS IS PROVED
264
VARIANCE
273
CHAPTER XXIX
278
MontanaJurisdictionConstitutional provision
281
Montana JurisdictionConstitutional provision
282
PROCEEDINGS ON FAILURE TO APPEAR 748 Judgment by defaultFor failure to appear and plead 749 Judgment against defendant on demurrer
283
CHAPTER XXXI
285
CHAPTER XXXII
287
Signature 759 WashingtonPleadings when to take place 760 WashingtonPleadings what constitute
289
CHAPTER XXXIII
290
Manner of pleading
297
CHAPTER XXXIV
304
Issues what are and kind 810 Issue of law how arises 811 Issue of fact how arises 812 Issue of law by whom tried 813 Issue of fact by whom tried
306
CHAPTER XXXVI
308
Complaint by corporation may be copy of noto 821 Objection to filing a complaint how raised
310
SameJustices clerkOath and bond
311
SameJustices clerkDeputies for whose acts he shall be responsible
312
ComplaintFor repayment of advances on servicesForm 845 ComplaintFor services at a fixed priceForm 846 ComplaintBy parent for services of min...
315
ComplaintFor breach of promise by purchaser of goodwill not to carry on rival tradeForm 872 ComplaintOn an express contract for rentForm 873 ...
316
ComplaintOn a foreign judgment of a court of general jurisdiction Form 909 ComplaintOn a foreign judgment of an inferior tribunalForm 910 Com...
317
944 ComplaintAgainst a railroad for killing cattleForm 945 ComplaintAgainst a municipal corporation for injuries caused by leaving the street in an i...
318
Occupant who
334
The exact amount due not necessary where
355
ComplaintFor malicious injury to property_Form
390
Complaint on promissory note by corporationForm 979 Complaint on promissory noteForm
391
Complaint on promissory note against executorForm 981 Complaint on promissory note by administratorForm
392
Complaint on promissory note by executorForm 983 Complaint on promissory note against administratorForm
393
984 Complaint by guardian of insane personForm
394
Complaint for goods sold and deliveredAssigned claimForm 986 Complaint for work and labor doneForm 987 Complaint for goods sold and deliv...
395
ComplaintBy manufacturer for goods made at defendants request and not acceptedForm 992 ComplaintDamages for not delivering goods soldForm
397
ComplaintPurchaser against vendor for breach of agreement to conveyForm
398
ComplaintSurety against principal for indemnity against liability as suretyForm 995 ComplaintDamages for nondeliveryAllegation of part payment ...
399
CHAPTER XXXIX
401
strike out 1027 Demurrer for misjoinder of causes of action when insufficient 1028 Causes not separately stated
411
Objection to uncertainty goes to what 1030 General demurrerForm 1031 Want of jurisdiction of personForm
412
Want of jurisdiction of subjeet of the actionForm 1033 Want of legal capacity to sueForm 1734 Another action pendingForm 1035 Defect of parti...
413
DemurrerStatute of limitationsForm
414
ARTICLE II
415
PROCEEDINGS ON DEMURRER 1046 Proceedings on demurrer 1047 Notice of sustaining demurrerForm 1048 Order overruling demurrerForm
418
ARTICLE IV
419
SameJurisdiction
420
SameDepartmentsAssignment of business
421
SameProceedings of all sessions equally effectual
422
SameRules
423
SameClerk
424
SameProsecuting attorney
425
Material variance how provided for 1069 Immaterial variance how provided for 1070 What not to be deemed a variance 1071 WashingtonVarianc...
430
CHAPTER XLIII
432
CHAPTER XLIV
433
New matterDeemed controverted 1112 New matterBurden of proof 1113 New matterBurden of proof where allegation negative 1114 Answer by i...
434
ANSWER DENYING GENUINENESS AND DUE EXECUTION 1138 Denying execution where complaint or answer contains copy of written instr...
451
ARTICLE III
454
CHAPTER XLV
458
CROSSCOMPLAINT 1163 Crosscomplaint 1164 Crosscomplaint must affect parties and subject matter in original action 1165 CrosscomplaintSepa...
460
CHAPTER XLVII
464
INTERVENTION 1191 Intervention when it takes place and how madeWho may interveno 1192 Intervention takes place when 1193 Intervention ...
468
Term debt includes what
472
CHAPTER XLIX
476
JUDGMENT ON PLEADINGS 1222 Judgment on pleadingsMotion by defendant for 1223 Judgment on pleadingsMotion admits truth of complain...
477
CHAPTER LI
479
By attorney or agent when the facts are within his personal knowl edgeForm
482
By agent when the party is absent from the countyForm
483
CHAPTER LII
484
ColoradoChange of venuePlaintiffs 1259 OregonHow transfer of cause is made
492
OregonPlace of trial may be changed when cause at issue on what showing f 1261 OregonDisbursements of change to be paid by party applying ther...
493
OregonChange of venue when deemed complete
494
CHAPTER LIII
495
Occupant of real property defined 2889 Demand for surrender 2890 Question of title does not arise 2891 Forcible entryWhat questions may be inv...
496
CHAPTER LIV
498
What powers in general
501
Power to issue subpoenas and process
502
Issuance of papers without blanks
503
Acknowledgment of instruments
504
CHAPTER LVIII
506
Depositions
511
CHAPTER LIX
513
ARTICLE II
517
ARTICLE III
524
Manner of proving other official documents 1456 Public record of private writing evidence 1457 Entries in official books prima facie evidence 14...
557
Further evidence may be taken
570
3178 Fines and forfeitures where paid 3179 Fines and forfeitures where paid 3180 Fines and forfeitures where paid 3181 Refusal or neglect to pay ...
572
WashingtonWarrant of commitment
573
ARTICLE IV
581
ARTICLE V
584
Indispensable evidence
591
ARTICLE VIII
595
ARTICLE IX
597
ARTICLE XI
600
ARTICLE XII
602
ARTICLE XIII
603
WashingtonService and costs in attachment f 1534 Disobedience a contempt
609
SubpoenaForm 1536 Return of subpoenaForm
610
OregonSubpoenaForm 1538 WashingtonColoradoSubpoenaForm 1539 Forfeiture for disobedience of a subpoena
611
Warrant for defaulting witness 1541 Form of warrant 1542 PrisonersProduction
612
Affidavit for production of prisoner 1544 Where witness a prisoner in the county
613
Power of justices to compel attendance of witnesses
614
ARTICLE XIV
615
Court to discharge witness from arrest 1553 WashingtonWitnesses when compelled to attend
617
ARTICLE XV
618
ARTICLE XVI
620
ARTICLE XVII
621
Judgment must be in alternative form
622
ARTICLE XVIII
624
ARTICLE XIX
628
ARTICLE XX
630
ARTICLE XXI
632
ARTICLE XXII
650
CHAPTER LXI
651
Trial by juryHow waived
653
VERDICT OF JURY 1634 VerdictHow rendered 1635 Informal verdictHow corrected 1636 Judgment on verdictWhen entered 1637 General and ...
655
Verdict in replevin for plaintiffForm
659
Verdict in replevin for defendantForm 1651 Entry of verdict in docketForm
660
ARTICLE III
661
ARTICLE IV
663
Cause of action is jurisdictional fact in publication of summons
667
Default judgment based on false affidavit when vacated
668
Affidavit should state facts at time of order
669
Attorney may swear to affidavit
670
When affidavit of attorney is insufficient
671
What affidavit must show when defendant cannot be found
672
ATTACHMENT OF PERSONAL PROPERTY
675
ARTICLE II
680
ColoradoJudgmentInterestCostsInterest on judgmente
683
WashingtonJudgmentRenditionEntry
684
ARTICLE III
685
JudgmentValue of personal property_Form
686
JudgmentReturn of property to defendantForm 1717 JudgmentDamages in lieu of returnForm 1718 JudgmentArrestForm
687
OregonJudgment after trialForm
688
Proof of service of summons
689
Certificate of service by an officerForm
690
Certificate of serviceTwo defendantsOne not foundForm
691
Certificate of constable when sufficient
692
Certificate by undersheriffWhen insufficient
693
Certificate of service of summons on corporationForm
694
Certificate of service on foreign corporationForm
695
Certificate of service on minor under fourteen yearsForm
696
Certificate of service on guardianForm
697
Certificate of service on countyForm
698
Affidavit of service on individualForm
699
Affidavit of service on individualShorter form
700
Affidavit of service of summons on infantForm
701
Affidavit of service on corporationForm
702
Affidavit of service on cities and municipalitiesForm
703
704 Admission of serviceForm
704
WashingtonWritten admission equivalent to proof of service
705
Verbal acknowledgment of service insufficient
706
Return not servedForm
707
Docket as evidence of service of summons
708
Summons may be amended
709
710 Amendment of clerical error
710
Order amending summons and complaintForm
711
Service proof of may be amended
712
Officer may amend certificate
713
714 Affidavit of service may be amended
714
ARTICLE XIII
715
ARTICLE XIV
718
History of claim and delivery in replevin
719
ARTICLE XV
721
ARTICLE XVI
728
ARTICLE XVII
733
EQUITABLE RELIEF FROM JUDGMENT 1837 Equitable relief against judgment by fraud 1838 Province of court of equity 1839 Relief against j...
735
Issues of fraud must be raised to justify execution against person
738
Special appearance What
743
WashingtonTime for appearance
744
Infants or lunaticsAppearance by guardian
745
Guardian ad litemHow appointed when ward is plaintiff
746
SameHow appointed when ward is defendant
747
ARTICLE II
750
INSTRUCTIONS TO LEVY 1903 Instructions to sheriff to levy writForm 1904 Instructions to the officer accompanying writForm 1905 Instructio...
755
ARTICLE IV
757
on his official bond
759
ARTICLE V
761
ARTICLE VI
767
ColoradoDebts credits etc how attachedNotice to garnishee
771
ARTICLE VII
772
ARTICLE VIII
774
CRIMINAL JURISDICTIONWASHINGTON OREGON AND COLORADO
775
ARTICLE IX
790
Duty of officers to execute certificate of sale of property not subject to manual delivery 2025 Right of purchaser on sale of real property 2026 Effe...
791
Section 1174 to be strictly construed 2920 Appeal on unlawful detainer no stay 2921 Unlawful detainerForfeiture of lease relief against 2922 Appli...
795
LIEN OF ATTACHMENT
805
ARTICLE X
806
Constable or sheriff agent of whom 2050 Sheriffs deed when held void 2051 Subsequent redemptioner may redeem from redemptioner within wha...
810
Written notice of redemption must be given to sheriff when 2053 Judgment debtor may redeem within what time
811
Effect of redemption by debtor 2055 Payments on redemption may be made to whom 2056 Certificate of redemption need not state what 2057 Pur...
812
Sheriff or constable authorized to receive money from redemptioner 2059 Offer to redeem is equivalent to redemption when 2060 Tender and refu...
813
2062 Judgment debtors and successors not required to follow preceding section 2063 Power of sheriff altogether statutory 2064 Restraining waste d...
814
ARTICLE XI
815
ARTICLE XII
822
ARTICLE XIII
825
WashingtonBond to stay executionForm 2087 WashingtonLevy against property of principal or bail
826
WashingtonBail may collect from defendant 2089 WashingtonExecution revoked where judgment stayed 2090 Execution how renewed 2091 Justi...
827
Docket order recalling executionForm 2093 Where there is more than one writ 2094 Satisfaction of judgment and accruing costs
828
What are accruing costs 2096 CostsKeepers fees are not accruing costs 2097 ColoradoExecution to other countyCertificate 2098 ColoradoConstabl...
829
ColoradoConstable to take and keep propertyDelivery bond 2100 Colorado_Constable to pay moneys over to justiceJustice to post list of witness fee...
830
ColoradoSummary proceedings against justice or constable for moneys collected 2103 ColoradoOn payment by officer proceedings stayed 2104 W...
831
WashingtonExecution may be renewed 2106 WashingtonSale upon executionReturn 2107 ColoradoJustice may receive moneys 2108 OregonExec...
832
OregonRenewal of execution
833
ARTICLE XIV
834
ARTICLE XV
837
CHAPTER LXV
845
Affidavit on application for refereeForm
851
Affidavit for order to examine debtorForm
852
Affidavit to procure order of examinationForm 2154 Order directing examination of debtorForm
853
Order appointing referee to examine debtorDocket orderForm 2156 Order directing defendant to give undertakingDocket orderForm
854
Commitment in default of bailDocket orderForm 2158 Order of examination of defendants debtorForm
855
Return of service of foregoingForm 2160 Order to deliver property to officerForm 2161 Order forbidding transferForm
856
CHAPTER LXVI
857
ColoradoDefendants sued jointlyAppearance of oneSeparato claims
858
ColoradoJudgment against one or moreScire faciasCosts
859
Summons against joint debtorForm
860
CHAPTER LXVII
861
ARTICLE II
869
ARTICLE III
870
ARTICLE IV
871
ARTICLE V
876
Undertaking
877
Actions on appeal bondsPleading 2216 Action on appeal bondPleading 2217 Action on appeal bond 2218 AppealAction on appeal bond 2219 Ac...
878
Action on appeal bondEvidence 2221 Action on appeal bondEvidence 2222 Action on appeal bondAssignment 2223 Bond on appeal from judgm...
879
JudgmentAppeal bondMisprision
880
JudgmentMisnomerValidity of appeal bond 2226 Surety on appeal substituted to rights of judgment creditor
881
ARTICLE VI
882
Irregularities in issuance of writ where usually appear
883
JUVENILE COURT LAWS
885
Qualification of sureties
892
ARTICLE VII
898
ComplaintFor goods wrongfully taken from possession of bailee Form
903
ComplaintAgainst one in possession innocentlyForm
904
ARTICLE IX
907
ARTICLE X
912
ARTICLE XI
914
OregonDefective undertakingSubstitute undertaking
916
WashingtonAppeal not to be dismissed for defective bond when 2317 Dismissal in superior court for want of prosecution 2318 Want of prosecutio...
917
Dismissal not allowable for want of prosecution 2322 New trial in superior courtWhen not allowable
918
ARTICLE XII
919
ARTICLE XIII
921
Plaintiff the actor in superior court 2368 Proceeding with trial as waiver of defects 2369 Order of procedure 2370 Rules of superior court 2371 Pr...
922
appeal
923
Manner of trial by jury
926
ARTICLE XVII
929
Change of place of trial 2373 Cases appealable from inferior to supreme court
933
Within what time appeal may be taken
934
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Página 216 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 219 - A father, or in case of his death or desertion of his family, the mother, may maintain...
Página 582 - ... during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other; 2.
Página 559 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases : 1.
Página 218 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Página 592 - A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section twentyseven hundred and ninety-four of the Civil Code; 3.
Página 622 - A -witness is allowed to refresh his memory respecting a fact, by anything written by himself or under his direction at the time when the fact occurred or immediately thereafter, or at any other time when the fact was fresh in his memory and he knew that the same was correctly stated in the writing.
Página 550 - When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other...
Página 190 - ... the ninth day of September, the first Monday in September, the twenty-fifth day of December, every day on which an election is held throughout the state, and every day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving or holiday.
Página 479 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information and belief, and as to those matters that he believes it to be true...

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