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

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Página 11
... Lord's Or . Laws , sec . 3164 . § 25. Colorado - Creating and Changing Precincts - Election of Justice Term . The boards of county commissioners of the several counties of this state must divide their respective counties into as many ...

Página 26
... Lord's Or . Laws , sec . 2839 . § 57. Oregon - Notice - Service of . Said notice must be served in the same manner as a summons issued out of the circuit court , ten days before any hearing upon such contest as herein provided shall ...

Página 32
... Lord's Or . Laws , sec . 3180 . $ 76 . Oregon - Term of Office - Duration . The justice of the peace holds his office for two years and until his successor is elected and qualified.1 1 Lord's Or . Laws , sec . 3185 . § 77. Colorado ...

Página 41
... Lord's Or . Laws , sec . 3181 . § 104. Qualification of Sureties - Filing and Approval of Jus- tice's Bond . The sureties in such undertaking must have the qualifications of bail , and be residents of the county , and their ...

Página 55
... Lord's Or . Laws ( 1 ) , sec . 2030 . § 139. Oregon - Judicial Officer Defined . Every person authorized to act as a judge in a court of justice , including a commissioner of the county court , from the time of his election or ...

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WARRANT OF ARREST	cv

When proof of demand is unnecessaryWhat else will excuse	cxiii

ColoradoDisposition of property delivered to officerRedemption	cxiv

ARTICLE VI	cxv

JUDGMENT	cxvi

WashingtonContempt upon refusal to deliver	cxvii

NUMBER	cxviii

CRIMINAL JURISDICTION	cxix

Intervention by mortgagee 1211 Intervention by stockholders 1212 Intervention of insane person by guardian ad litem	473

Complaint in intervention must show what 1214 Complaint in intervention when in effect an answer 1215 Crosscomplaint to complaint in interventio...	474

InterventionApplication may be ex parte 1219 Ex parte order may be set aside	475

CHAPTER XLIX	476

CHAPTER L	477

CHAPTER LI	479

CHAPTER LII	484

Stipulation to transfer caseForm 1255 Order of transferDocket entryForm 1256 Notice of transfer of causeForm	491

Notice of exception to sureties on attachmentForm	cxx

IN GENERAL	cxxiii

ColoradoGarnishee refusing delivery may be attachedJudgment	cxxvii

Statement in affidavit in alternative form what effect	cxxix

Debts attachment	cxxx

Assignment is without prejudice to existing defense	cxxxvii

ORIGIN AND DEVELOPMENT 1 Origin of justices courts 2 Development of justices courts in the United States	1

CHAPTER II	3

SUPERIOR COURT PROVISIONS	7

ColoradoPolice magistratesHow createdJurisdiction	13

MontanaPolice and municipal courtsConstitutional provisions	14

Justices of the peace formerly state officials	15

Justices of the peace no longer state officers in California	16

Local and special laws as to inferior courts prohibited	17

Powers of legislature how limited	18

Creation of inferior courts by county charters	19

Justices courts cannot be created by a municipal freeholders charter	20

Municipal charters may provide for police courts	21

Supervisors to create judicial townships	22

Power to change alter or combine townships	23

OregonCounty court to establish justice of the peace districts	24

ColoradoCreating and changing precinctsElection of justiceTerm	25

OregonTime and manner of notice of contest	26

CHAPTER V	29

CHAPTER VI	32

CHAPTER VII	33

CHAPTER VIII	35

UtahMagistrate may admit to bailForm 3309 OregonUndertaking on bailForm 3310 Undertaking on appealBail fixed by magistrateForm 3311 Affi...	41

VacanciesPapers and dockets to be deposited where 166 WashingtonVacancyDeliver books to successor 167 WashingtonFailure to deliver books et...	43

Duty to communicate information to client	48

Vacancies occurring during recess of the legislature 171 Term of appointee to fill vacancy 172 Power and duty of officers filling unexpired terms	67

Possession of books and papers 174 Proceedings to compel delivery of books and papers 174	68

CHAPTER X	69

CHAPTER XI	73

Jurisdiction limited 192 Jurisdiction must affirmatively appear	76

Jurisdiction of justices courts	78

OathBefore whom taken	80

OathWhere filed	81

WashingtonTownship justicesOath	82

83 WashingtonPenalty for entering on duties before taking oath	83

OregonOath of office	84

BondHow payable	87

BondApproval recording and filing	88

BondCondition	89

BondForm	90

BondExamination of sureties	91

WashingtonBond	92

WashingtonBondForm	93

WashingtonBond to be filedAction and judgment upon	94

WashingtonTownship justicesBond	95

ColoradoBonds and oath of justice and constable	96

ColoradoCopy of bond evidence	97

ColoradoSureties not bound beyond amount of bond	98

ColoradoExecutionProperty of principal taken first	99

ColoradoBonds remain in force three years	100

ColoradoJudgment for full penalty of bond	101

ColoradoExecution from time to time for breaches	102

OregonOfficial undertakingForm	103

Qualification of suretiesFiling and approval of justices bond	104

VacancyOn creation of new township	105

Vacancies occur	106

Resignations to whom made	107

ResignationForm	108

Removal from office for violation or neglect of official duty	109

Notice of removal by and to whom given	110

Accusation to be presented by the grand jury	111

Form of accusation	112

Accusation of impeachment to be transmitted to the district attorney and copy served on the defendant	113

Proceedings if defendant does not appear	114

Defendant may object to or deny the accusation	115

Form of objection	116

Manner of denial	117

If objection overruled defendant must answer	118

Proceedings upon plea of guilty refusal to answer or deny	119

Trial by jury	120

State and defendant entitled to process for witnesses	121

Judgment upon conviction and its form	122

Appeal how takenDefendant to be superseded and vacancy filled	123

Removal by summary proceedings before superior courts	124

Recall of justices of the peace in municipalities	125

VacancyBy absence from state	126

VacancyConviction of a felonyGiving bribes to judges jurors referees	127

Receiving bribes by judicial officers jurors	128

ExtortionMisconduct of judicial officersStenographers	129

Improper attempts to influence jurors referees etc	130

Misconduct of jurors referees	131

Justice or constable purchasing judgment	132

Officers to forfeit and be disqualified from holding office	133

Larceny destruction etc of records by officers having them in custody	134

Officer refusing to receive or arrest parties charged with crime	135

Penalty for failure to pay over fine collected	136

OregonBribing or offering to bribe officer	137

OregonOfficer receiving or agreeing to receive bribe	138

OregonJudicial officer defined	139

OregonMalfeasance or negligence in office	140

OregonDestroying secreting or mutilating public records	141

WashingtonBribery of public officer	142

WashingtonAsking or receiving bribe	143

WashingtonMisconduct of public officer	144

WashingtonInjury to public record	145

WashingtonInjury to and misappropriation of record	146

WashingtonBuying demand or promising reward by justice or con stable	147

WashingtonSolemnizing unlawful marriage	148

ColoradoBribery of judge or justice of the peace	149

ColoradoAttempt to bribeOffer to accept bribePenalty	150

ColoradoJudge or other officer purloining records or documents Penalty	151

ColoradoJudge or officer receiving rewardPenalty	152

ColoradoTaking illegal feesTriple damagesPenalty	153

ColoradoOfficer taking reward for omission of duty	154

ColoradoMalfeasance in officeRemoval	155

VacancyFrom failure to qualify	156

Effect of failure to qualify	157

VacanciesHow filled	158

WashingtonTownship vacanciesHow filled	159

WashingtonTownship vacancies from failure to elect	160

OregonVacancy how filled	161

ColoradoVacancies in precinct officeCounty commissioners appoint	162

VacanciesPowers of board of supervisorsHow limited	163

VacanciesPowers of governor	164

NevadaWrit of restitutionForm 2938 WashingtonWrit of restitution in forcible entry and detainer Form	169

SameJurisdiction 438 SameJurisdiction 439 SameDisabilities 440 SameAuthority of judge	170

SameClerk 442 SameProsecuting attorney	171

SameFines and moneys collected 444 SameOffice and dockets 445 Same Court always open	172

SameAppeals 447 SameSentences upon conviction 448 SameSeal 449 SameMonthly report to council 450 SameCertifications of dockets files and ...	173

CHAPTER LXXIII	180

CHAPTER XX	185

WashingtonTo pay over moneys etc 497 Undertaking mentioned in the codeRequisites	191

New undertaking ordered whenFailure to give etc 499 Deposit of money in lieu of undertaking 500 Where may not practice	192

Judgment of justice must show jurisdiction	193

What jurisdictional facts must be shown by docket	194

Jurisdiction cannot be given by consent	195

JurisdictionGrant of carries necessary powers	196

Territorial extent of civil jurisdiction	197

WashingtonJurisdictionCoextensive with limits of county	198

Jurisdiction must not trench upon that of courts of record	199

Authority of justice to determine jurisdiction	200

Exclusive civil jurisdiction	201

Jurisdiction in actions for recovery of money	202

Amount in controversy	203

Prayer determines jurisdiction	204

But prayer is not conclusive	205

SameTest of jurisdiction	206

Jurisdiction depends on amount claimed not amount	207

Examples of contractual liabilitiesStockholders liability	208

SameJudgment	209

210 Damages for injury to person	210

Damages for taking detaining or injuring personal property	211

Amount prayed forConversion	212

Damages for nuisance	213

JurisdictionSetoff or counterclaim	214

Damages for injury to real property	215

Actions to recover personal property	216

Value of property is test	217

Jurisdiction as to fines and penalties	218

JurisdictionAssessments of stock	219

Street assessments	220

Actions for taxesAnswer	221

Toll	222

Actions on bonds	223

Judgments by confession	224

ARTICLE III	227

CHAPTER XXVIII	230

Complaint must accompany summons 647 When summons served outside of county 648 Where service outside of county certificate required 649 ...	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

Summons what must contain	233

Prescribed form of summons must be substantially followed 607 Summons may issue within a year 608 Time for appearance of defendant must be ...	234

To whom not directed and when returnable 610 Must contain the name of plaintiff 611 Must contain names of all parties 612 May be in alternative	235

Name of attorney must be indorsed on summons 614 Date not always conclusive	236

2524 Occupant who	248

Service of papersIn general	252

Order for mailing in what cases only 674 Affidavit on information and belief when 675 When due diligence need not be shown 676 Due diligence...	258

Order for publication what must direct	259

Length of time of publication 679 When may be made on Sunday	260

CHAPTER XXIX	278

Appearance by attorney waives service of summons 741 Notice of appearanceForm 742 Appearance by answerEffect	280

CHAPTER XXX	283

CHAPTER XXXI	285

CHAPTER XXXII	287

What pleadings are allowable to various parties	288

Signature 759 WashingtonPleadings when to take place 760 WashingtonPleadings what constitute	289

CHAPTER XXXIII	290

Defective allegation when cured by answer	292

769 Argumentative pleadings not permissible	293

Manner of pleading	297

Allegation that judgment was duly renderedInsufficient 788 Not necessary to state no appeal taken 789 Pleading contract	298

Pleading performance of conditions 791 General allegation of performance of conditions 792 General allegation as to performance 793 Alleging c...	299

Anticipating defense 795 Description of land in forcible entry and detainer 796 Usage of trade must be pleaded 797 Libel and slander how stated i...	300

Answer in such cases 799 Private statute or ordinance how pleaded 800 Municipal and county ordinances need not be pleaded	301

Common counts in general	302

OregonPleadings forms and sufficiency of rules in courts of record apply	303

CHAPTER XXXIV	304

CHAPTER XXXV	306

CHAPTER XXXVI	308

Complaint what must show to be sufficient 817 Complaint must state the facts in direct terms 818 Copy of account 819 Note and indorsements	309

Complaint by corporation may be copy of note 821 Objection to filing a complaint how raised	310

SameJustices clerkOath and bond	311

SameJustices clerkDeputies for whose acts he shall be responsible	312

Inspection of instrumentForm of order for 827 Bill of particularsObject of 828 Bill of particulars must be delivered 829 Bill of particulars becomes ...	313

Bill of particularsOrder excluding evidence 831 Further accountWhen ordered 832 Effect of failure to demand 833 Effect of failure to deliver	314

CHAPTER XXXVIII	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

ComplaintAgainst a railroad for killing cattleForm 945 ComplaintAgainst a municipal corporation for injuries caused by leaving the street in an inse...	318

ComplaintFor money due on an account for goods soldForm 835 ComplaintThe sameCommon countForm	319

ComplaintBy an assignee of an accountForm 837 ComplaintOn account statedForm 838 ComplaintFor a general balance of accountForm	320

ComplaintFor services at a reasonable priceForm 840 ComplaintUpon an account for servicesForm 841 ComplaintThe sameCommon countForm	321

ComplaintFor repayment of advances on servicesForm	322

ComplaintFor services at a fixed priceForm 846 ComplaintBy parent for services of minor sonForm	323

ComplaintBy an attorney for servicesForm 848 ComplaintBy carrier against consignor for freightForm 849 ComplaintThe sameCommon countForm	324

850 ComplaintFor work and labor done and materials furnishedForm 851 ComplaintGoods sold and deliveredForm 852 ComplaintThe sameComm...	325

ComplaintFor goods sold and delivered at a fixed priceForm 854 ComplaintThe same at a reasonable priceForm 855 ComplaintThe same on specifi...	326

856 ComplaintOn an agreement to be answerable for the price of goods soldForm	327

Arrest in civil action when not allowed 2376 OregonProvisional remedies as in courts of record 2377 OregonProvisions of Code of Civil Procedure ...	351

What property liable to attachment	355

ComplaintFor refusing to receive guestForm	379

ComplaintAgainst warehouseman for injury to goods by neglect to obey instructionsForm 957 ComplaintAgainst common carrier for breach of duty...	380

ComplaintAgainst common carriers for loss of goodsForm 959 ComplaintFor loss of baggageForm	381

ComplaintAgainst telegraph company for failure to transmit message as directedForm	382

ComplaintAgainst an auctioneer for selling below the owners limitForm	383

ComplaintAgainst auctioneer or agent for not accountingForm 963 ComplaintAgainst an attorney for negligence in the prosecution of a suitForm	384

ComplaintFor negligent defenseForm 965 ComplaintFor negligence in examining titleForm	385

ComplaintAgainst municipal corporation for damage done by mob or riotForm	386

ComplaintFor chasing plaintiffs cattleForm 968 ComplaintFor kindling a fire on defendants land whereby plaintiffs property was burnedForm 969 ...	387

ComplaintFor malicious injury claiming increased damages under the statuteForm 971 ComplaintFor damages for injuring treesForm	388

ComplaintThe sameFor cutting and converting timberForm 973 ComplaintFor damage by trespassing animals under California stat ute of March 7 1...	389

ComplaintFor trespass on chattelsForm 976 ComplaintFor entering and injuring a house and goods therein Form	390

CHAPTER XXXIX	401

Allegations of fact admitted by demurrer	406

Bar of statute of limitations not raised under general demurrer 1010 That plaintiff is not a corporation not raised by general demurrer 1011 Misjoin...	407

Want of legal capacity to sue not appearing on face of complaint How taken advantage of 1015 Defective incorporation how waived 1016 Failure t...	408

Executor may sue in his own name 1018 Question as to proper plaintiffHow raised 1019 Nonjoinder of partiesHow raised 1020 Demurrer for nonj...	409

1023 Demurrer for misjoinderWhat must contain 1024 Where misjoinder does not appear on face of complaintHow raised 1025 Misjoinder of caus...	410

Misjoinder of causes of action must not be reached by motion to strike out 1027 Demurrer for misjoinder of causes of action when insufficient 102...	411

Objection to uncertainty goes to what 1030 General demurrerForm 1031 Want of jurisdiction of personForm 1032 Want of jurisdiction of subject ...	412

Want of legal capacity to sueForm 1034 Another action pendingForm 1035 Defect of partiesForm 1036 Misjoinder of causes of actionForm 1037 ...	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

Court should be liberal in amendments	426

Grounds of motion to amend pleadings	427

Grounds of denial of motion	428

Objection to pleadingsWhen made	429

CHAPTER XLII	430

CHAPTER XLIII	432

CHAPTER XLIV	433

New matterDeemed controverted 1112 New matterBurden of proof 1113 New matterBurden of proof where allegation negative	434

Allegations in anticipation of defense need not be denied	439

Answer by insurance company specifying proximate cause of loss	444

Dilatory pleas 1116 AnswerGeneral denialPositiveForm 1117 AnswerDuressForm 1118 AnswerFormer judgmentForm	445

Accord and satisfactionForm 1120 Arbitration and awardForm 1121 AnswerPayment by noteForm	446

AnswerPayment in servicesForm 1123 AnswerReleaseForm 1124 AnswerMisjoinder of partiesForm 1125 AnswerNonjoinder of a necessary party ...	447

AnswerAgreement not to be performed within a yearForm 1128 AnswerStatute of limitationsCalifornia Code of Civil Procedure section 458Form 1...	448

AnswerWant of capacityAssignmentForm 1132 AnswerInfancy of plaintiffForm 1133 AnswerInfancy of defendantForm 1134 AnswerWant of co...	449

AnswerWant of considerationGambling debtForm 1136 AnswerCredit unexpiredForm 1137 AnswerBankruptcyForm	450

Police courts in cities of the third class	451

SameJurisdiction	452

SameRules of practice	453

SamePowers and duties of police judge	454

SameDisqualification	455

SameClerk	456

Police court in cities of the fourth class	457

SameJurisdiction	458

SamePowers of judge	459

SameDocket	460

SameAppeals	461

SameDuties of city attorney and district attorney	462

SamePower in relation to sentences	463

SameSeal	464

SameReport to council	465

SameSalaries	466

SameDuty of police	467

468 SamePolice jurisdiction of justices of the peace	468

SameDisqualification of jurors	469

WashingtonDesignation of police justiceCities of first class	470

WashingtonJurisdiction of police judgeCities of the first class Appeals	471

WashingtonPolice courtCities of the second classEstablishment	472

ColoradoChange of venueDefendants 1258 ColoradoChange of venuePlaintiffs 1259 OregonHow transfer of cause is made	492

OregonPlace of trial may be changed when cause at issue on what showing 1261 OregonDisbursements of change to be paid by party applying there...	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

CHAPTER LV	501

CHAPTER LVI	502

CHAPTER LVII	503

CHAPTER LVIII	506

CHAPTER LIX	513

Affidavit of claim to exemption 1315 Exemption affidavit claimingForm	516

ARTICLE II	517

WashingtonPower to issue writs of garnishment	518

Notice to constable to summon jurorsForm 1322 Notice to jurorForm	519

1323 Return of order for jury and indorsement 1324 Return of order of constableForm 1325 Jurors to be excused for what causes 1326 Attachmen...	520

WashingtonVenire for a juryForm 1328 OregonOrder for jury to what officer directed	521

OregonVenire for juryForm	522

ARTICLE III	524

ARTICLE IV	526

Within six monthsActions against county on rejected claims	528

Actions for relief not otherwise provided	529

Action on mutual account	530

Actions by the peopleSameState hospital patients	531

Money or property deposited 533 Thirty daysActions under local improvement act of 1901	532

ARTICLE VI	533

ARTICLE VII	535

ColoradoJury must be sworn 1379 ColoradoAttachment for defaulting jurorsFine	541

Proof defined CHAPTER LX	542

Partial evidence defined 1391 Satisfactory evidence defined	545

Indispensable evidence defined 1393 Conclusive evidence defined 1394 Cumulative evidence defined 1395 Corroborative evidence defined 1396...	546

ARTICLE II	547

Material allegation only need be proved 1409 Allegata and probata must correspondCollateral questionWhen may be inquired into 1410 Affirmativ...	551

ColoradoClaims acquired after suit not admitted 1413 Judicial notice	554

ARTICLE III	556

Manner of proving other official documents 1456 Public record of private writing evidence 1457 Entries in official books prima facie evidence 14...	557

Intent to be ascertained if possible	560

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

InferenceHow founded 1497 Presumption may be controverted 1498 Conclusive presumptions	585

Disputable presumptions	587

Defendant may bring in necessary parties	591

Parties how brought in on order of court	592

Suit against the state	593

Suit by state on bond to county	594

ARTICLE VIII	595

ARTICLE IX	597

ARTICLE XI	600

ARTICLE XII	602

ARTICLE XIII	603

WashingtonWitnesses may be subpoenaed within twenty miles 1530 Persons present in court 1531 WashingtonDamages for nonattendance 1532 ...	608

WashingtonService and costs in attachment 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

SummonsForm	615

Issuance of summons in cities and counties	616

Summons in cities and countiesForm	617

Issuance of summons in the city and county of San Francisco	618

To whom directed	619

Must be issued without blanks	620

Date of filing to be indorsed on complaint	621

Within what time summons may be issued	622

Order of arrestForm	623

OregonSummons how issued signed and directed what to contain	624

OregonSummonsForm	625

UtahSummonsForm	626

WashingtonAction by summons how commencedForm	627

WashingtonSummonsForcible entry and detainerForm	628

WashingtonAction by complaint and noticeForm	629

ARTICLE XX	630

ARTICLE XXI	632

ColoradoFees where two witnesses to one fact 1614 ColoradoAttachment for witnessesFine 1615 Affidavit for examination of witnessForm	644

Order shortening time of noticeForm 1617 Notice of taking depositionForm	645

Affidavit on motion for commissionForm 1619 Notice of motion for commissionForm 1620 Stipulation to take depositionForm	646

Order for commission to issueForm 1622 Commission to take testimonyForm	647

DepositionForm 1624 Certificate of commissionerForm	648

Certificate of mailingIndorsed on the envelopeForm	649

ARTICLE XXII	650

CHAPTER LXI	651

VERDICT OF JURY 1634 VerdictHow rendered 1635 Informal verdictHow corrected 1636 Judgment on verdictWhen entered 1637 General and ...	655

Verdict against defendant on counterclaimForm 1644 Verdict for defendant on counterclaimForm 1645 Practice where special verdict is desired	658

Verdict on special issuesForm 1647 General verdict for plaintiff for damagesForm 1648 General verdict for defendantForm 1649 Verdict in replev...	659

Verdict in replevin for defendantForm 1651 Entry of verdict in docketForm	660

Power of court	661

Strict compliance with statute necessary	662

Certificate of county clerk necessary	663

In what cases publication may be madeWhat affidavit must show	664

Jurisdiction of court based upon affidavit	665

Affidavit what must show and course to be followed	666

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

670 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

Power of court over judgment after entry 1690 Judgment after death of party	677

Judgment against administrator	678

When jurisdiction is acquired	680

Jurisdiction invoked by affidavit	681

Where mailing may be done	682

683 Summons must be mailed forthwith	683

Forthwith meaning	684

New summons and publication	685

Order of publication of summonsForm	686

WashingtonService by publicationForm of notice	687

WashingtonProof of service by publication	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

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

Amendment of clerical error	710

Order amending summons and complaintForm	711

Service proof of may be amended	712

Officer may amend certificate	713

Affidavit of service may be amended	714

ARTICLE XIII	715

ARTICLE XIV	718

Judgment by defaultService out of county 1792 Judgment by default after appearance 1793 Effect of failure to answer after demurrer overruled 17...	719

Time of entry of judgment by default 1796 OregonJudgment for want of answerForm	720

ARTICLE XV	721

Amendment of judgmentJurisdiction	724

Notice of motion to set aside default judgmentForm 1811 Affidavit to set aside default judgmentForm 1812 Affidavit on motion for relief from jud...	725

Docket order opening default on termsForm	727

ARTICLE XVI	728

Judgment void for want of jurisdiction not within section 473	730

Order vacating judgmentForm 1825 NevadaJudgmentVacating	731

NevadaNew trial 1827 NevadaAffidavit 1828 NevadaNotice of motion 1829 ArizonaNew trial	732

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 2404 Intention to procure goods without payment 2405 Where facts constituting fr...	738

Equitable relief for fraudulent alteration of docket 1861 No collateral attack when summons properly served	741

On collateral attack merger of debt cannot be shown 1863 On collateral attack nonresidence of defendant in township cannot be shown	742

Special appearanceWhat	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

Execution after five years 1881 ExecutionHow directed and by whom served 1882 WashingtonNo execution after five years 1883 WashingtonExe...	748

WashingtonExecutionDirection date etc 1885 ColoradoTime of issuance of executions 1886 ColoradoDirection and form of execution 1887 Color...	749

ARTICLE II	750

Judgment can only be executed against how 1898 Commonlaw rule modified by California statute 1899 OregonExecution not to be levied on real ...	753

ColoradoReal and personal property bound by execution 1901 ColoradoLevy of execution on real estateCosts 1902 ColoradoConstable to indorse ti...	754

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

ExecutionForm ARTICLE V	761

Execution against plaintiff for costsForm 1922 WashingtonExecution for costs	764

ExecutionArrestForm 1924 OregonExecution against the bodyForm	765

WashingtonExecution against the bodyForm 1925a ColoradoDirection of executionForm	766

ARTICLE VI	767

ColoradoDebts credits etc how attachedNotice to garnishee	771

ARTICLE VII	772

Purpose of lien 1943 Commonlaw rule as to execution lien	773

ARTICLE VIII	774

CRIMINAL JURISDICTIONWASHINGTON OREGON AND COLORADO	775

Government homestead 1961 Mechanic to be entitled to exemption does not have to be journeyman 1962 Tools habitually used in trade	783

Printing presses etc 1964 Money to purchase sufficient provisions when and when not exempt 1965 Franchises exemption of 1966 Partnership pro...	784

Proper method of levying execution on patent right 1969 An improved instrument not excluded from exemption	785

To claim exemption on horses what must show 1971 Other laborer meaning of 1972 A hackman claiming exemption of horses right of 1973 Habit...	786

Farming utensils meaning of 1975 Exempt property is question of legislative policy 1976 Character of exemption question of legislative policy 19...	787

Farming utensils do not have to be used exclusively in debtors vocation 1979 Exempt horses only used in husbandry 1980 When horses are exempt ...	788

WashingtonExemption of wages and family necessaries 1982a OregonExemption of wages 1982b ColoradoExemption of wages	789

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

Notice in case of real property 1992 Description of land when sufficient 1993 Where judgment payable in specified currency 1994 What penalty fo...	793

What party is aggrieved 1996 Purchaser at execution sale is not aggrieved party 1997 An action for false return is what	794

Action to claim penalty strictly construed 1999 To maintain action execution must be valid 2000 When action accrues 2001 Neglect of officer does...	795

Posting notice is imperative duty of constable 2004 Sheriffs deed takes effect when in the case of attachment 2005 Property taken within lifetime of ...	796

When personalty sold	797

LIEN OF ATTACHMENT	805

Pleadings must state cause of action relied	806

Pleading to be construed as a whole	807

Pleadings construed against the pleader	808

Effect of prior attachment over subsequent execution	809

ARTICLE XI	815

Certificate of sale of real estateForm	821

Return of writ unsatisfiedForm 2081 ReturnSale of personal propertyForm	823

ReturnSale of real estateForm	824

ARTICLE XIII	825

ARTICLE XIV	834

Sheriff must justify under writ 2114 Sheriff when a trespasser	835

ColoradoMisfeasance or nonfeasance of constableLiability	836

ARTICLE XV	837

2125 Proof as to service of verified claim when not required 2126 Undertaking by third party claimant in what cases 2127 Undertaking execution	840

Undertaking filing of 2129 Objection to undertaking	841

Justification of sureties 2131 Objection to bond because of amount	842

Sureties must justify 2133 When undertaking becomes effective 2134 Undertaking is for protection of constable 2135 Sheriff must be indemnified ...	843

Defective demand where held to be immaterial variance	844

CHAPTER LXV	845

Order for examination on return of execution	846

Order for examination on affidavit	847

ExecutionPayment to sheriff by debtor of judgment debtor 2144 Order for examination of debtor of judgment debtor	848

2145 WashingtonGarnishee may be examined under oath 2146 Witnesses may be required to appear 2147 Supplementary proceedingsContempt	849

Order for application of property to satisfaction of judgment	850

Affidavit on application for referee Form	851

2152 Affidavit for order to examine debtorForm	852

2153 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

ComplaintMoney had and receivedForm	857

ComplaintSame against attorney or agent with demandForm	858

ComplaintLender against borrowerForm	859

ComplaintFor money paid to a third party at defendants request Form	860

ComplaintThe sameTo be repaid on a specified dayForm	861

ComplaintFor repayment of money paid on a reversed judgment Form	862

ComplaintFor the purchase money of land conveyedForm	863

ComplaintFor repayment of deposit on purchase of real estate Form	864

ComplaintFor a deficiency on a resaleForm	865

ComplaintLessor against lessee on covenant to keep premises in re pairForm	866

ComplaintLessee against lessor for not keeping premises in repair Form	867

ComplaintSpecial contractCompletely filledForm	868

ARTICLE II	869

ARTICLE III	870

ARTICLE IV	871

Intervener must be served 2206 Service of notice of appealHow waived 2207 Failure to enter judgment before appeal takenHow waived	873

2208 AppealAppearance as waiver of defects in notice and undertaking 2209 OregonAppeal is taken within what time and to what court 2210 Oreg...	874

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 2225 JudgmentMisnomerValidity of appeal bond	880

Surety on appeal substituted to rights of judgment creditor	881

ARTICLE VI	882

Irregularities in issuance of writ where usually appear	883

Conflicting affidavitsDetermination of superior court conclusive 2229 Stay of executionOn filing undertaking	884

OregonQualification and justification of sureties on appeal 2231 OregonJudgment enforced notwithstanding stayUndertaking	885

Order staying proceedingsForm 2233 Undertaking on appealForm	886

ColoradoAppeal bondForm	887

Order fixing amount of undertakingForm 2236 Exception to suretiesForm 2237 Notice of justificationForm 2238 Order approving undertakingFor...	888

Notice to sureties of judgment debtorForm 2240 Notice by constable to suretiesForm 2241 AppealFiling undertakingWhat is 2242 Notice of filing ...	889

Notice of filing undertakingHow construed	890

Power of constable to release governed by what	891

Appeal is taken when 2245 Effect of failure to justify 2246 Effect of failure of sureties to justifyConstrued	892

AppealWaiver of justificationProcedure on non appearance of exceptant 2250 Justification may be waived 2251 Waiver of objection to suretiesTim...	893

New undertaking in superior courtWhen not authorized 2254 AppealNew undertaking when authorized 2255 New undertaking 2256 Liability of su...	894

2258 Liability of sureties who fail to justify 2259 Liability on appeal erroneously dismissed 2260 Action on appeal bondDefense 2261 Undertakin...	895

Undertaking on appealReal propertyForm	897

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

OregonDismissing appeal judgment thereon	916

ARTICLE XII	919

Appeal from judgment by default 2328 Power to vacate judgment subsequently vacated	920

ARTICLE XIII	921

Appellate jurisdiction 2339 Title to land involvedAppellate jurisdiction	924

Jurisdiction of superior court on appeal 2341 AppealObjections raised for first time on appeal 2342 AppealJurisdiction 2343 AppealOriginal jurisdi...	925

Effect of appeal on questions of law and fact 2345 AppealOrder remanding 2346 AppealJurisdiction of superior courtTransmission of papers 8 234...	926

ColoradoAction in excess of amountTitle to realtyBoundaries Justice to certify cause to district court	927

AppealJurisdictionAll steps taken in time 2353 Effect of judgments on appeal	928

Appeal from order setting aside service of summons in justices court 2355 Superior court may grant new trial on appeal 2356 Order refusing to cha...	929

Appellate court may allow pleadings amended 2359 New trial on questions of law 2360 Judgment on appealEnforcement 2361 Petition for reheari...	930

Special appearance to dismiss appeal 2364 Original jurisdiction otherwise than by appeal 2365 Original jurisdiction of superior court	931

Original jurisdiction of superior court 2367 Plaintiff the actor in superior court 2368 Proceeding with trial as waiver of defects 2369 Order of proc...	932

Rules of superior court 2371 Procedure where want of jurisdiction of lower court appears on appeal 2372 Change of place of trial 2373 Cases appe...	933

Within what time appeal may be taken	934

Direitos de autor

Outras edições - Ver tudo

Code of Law, Practice and Forms, for Justices' and Other Inferior Courts in ...
Curtis Hillyer
Visualização integral - 1925

Code of Law, Practice and Forms: For Justices' and Other Inferior ..., Volume 1
Curtis Hillyer
Visualização integral - 1912

Palavras e frases frequentes

affidavit ARTICLE attorney authority board of supervisors bond Breach cause cents certificate CHAPTER city and county city or town Civil Procedure clerk Code of Civil Codes & Stats Colo commenced Comp Const contest Contra Costa county county commissioners courts in cities courts of record criminal damages defendant docket elector ex rel execution fees filed Henning's Gen hundred dollars.¹ Idaho inferior courts injury issue judgment jurisdiction juror jury justice's court justices and constables Kerr's Cyc legal votes legislature Lord's Los Angeles county Mont Municipal Corporation Act notice oath office of justice party peace personal property plaintiff police court police judge precinct presiding justice real property receive recorder's court resides salary Santa Clara county sheriff summons superior court sureties thousand three hundred dollars tices township trial Utah vacancy willfully writ years.¹

Passagens conhecidas

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.‎

Aparece em 616 livros desde 1803-2004

Página 219 - A father, or in case of his death or desertion of his family, the mother, may maintain...‎

Aparece em 251 livros desde 1816-1998

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.‎

Aparece em 318 livros desde 1850-2004

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.‎

Aparece em 183 livros desde 1872-1999

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.‎

Aparece em 606 livros desde 1803-2007

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.‎

Aparece em 318 livros desde 1790-2007

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.‎

Aparece em 136 livros desde 1850-1998

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...‎

Aparece em 142 livros desde 1850-2005

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.‎

Aparece em 289 livros desde 1819-1974

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...‎

Aparece em 381 livros desde 1829-2006

Informação bibliográfica

Título	Code of Law, Practice and Forms: For Justices' and Other Inferior Courts in the Western States, Volume 1 Code of Law, Practice and Forms: For Justices' and Other Inferior Courts in the Western States, Curtis Hillyer Making of modern law
Autor	Curtis Hillyer
Editora	Bender-Moss, 1912
Número de páginas	1932 páginas

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