The California Practice Act: Being an Act Entitled "An Act to Regulate Proceedings in Civil Cases in the Courts of Justice in this State," Passed April 29, 1851, and Amended May 18, 1853, May 18, 1854, April 28, May 4, and May 7, 1855, Feb. 20, 1857, March 24, and April 15, 1858 : Also "An Act Concerning the Courts of Justice of this State ...Whitton, Towne & Company, 1858 - 302 Seiten |
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Seite 38
... cause of action survive or continue . 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 ...
... cause of action survive or continue . 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 ...
Seite 39
... cause the court orders the place of trial to be changed , it shall be trans- ferred for trial to a court the parties may agree upon , by stipulation in writing or made in open court and entered in the minutes ; or , if they do not so ...
... cause the court orders the place of trial to be changed , it shall be trans- ferred for trial to a court the parties may agree upon , by stipulation in writing or made in open court and entered in the minutes ; or , if they do not so ...
Seite 40
... causes , the following and no other fees and costs shall be allowed to the clerks of the court : for transmitting the pleadings and papers of a cause , the sum of two dollars ; for re - entering and filing the same pleadings and papers ...
... causes , the following and no other fees and costs shall be allowed to the clerks of the court : for transmitting the pleadings and papers of a cause , the sum of two dollars ; for re - entering and filing the same pleadings and papers ...
Seite 41
... cause , if bail was originally requisite therein , it shall then be the duty of such court of this state to accept the surety and proceed no further in the cause ; and all subsequent proceedings which may be taken or had in such court ...
... cause , if bail was originally requisite therein , it shall then be the duty of such court of this state to accept the surety and proceed no further in the cause ; and all subsequent proceedings which may be taken or had in such court ...
Seite 42
... causes shall be tried in the county where the cause , or some part thereof , arose , subject to the like power of the court to change the place of trial : 1st . For the recovery of a penalty or forfeiture imposed by statute ; except ...
... causes shall be tried in the county where the cause , or some part thereof , arose , subject to the like power of the court to change the place of trial : 1st . For the recovery of a penalty or forfeiture imposed by statute ; except ...
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Häufige Begriffe und Wortgruppen
Abbott action or proceeding adjournment adverse party affidavit alleged allowed amended amount answer appeal application appointed April arrest attachment attorney bail Barb cause of action certified CHAPTER civil action clerk complaint copy costs county clerk county court county judge court of sessions court or judge creditor damages deemed defendant demurrer deposition direct discharged district court docket Duer entered entitled evidence execution facts filed granted hundred dollars injunction interest issue judgment debtor judgment or order jurisdiction jury justice liable lien ment misjoinder Monday mortgage motion notice oath officer payment pending personal property plaintiff pleading possession probate court proceed purchaser real property record recover redemptioner referee rendered reside San Luis Obispo served sheriff specified statute sufficient summons supreme court sureties taken therein thereof tion trial undertaking unlawful detainer unless verdict witness writ
Beliebte Passagen
Seite 37 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Seite 41 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Seite 35 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Seite 157 - If it be alleged in the complaint and established by evidence, or if it appear by the evidence without such allegation in the complaint to the satisfaction of the court, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners...
Seite 38 - ... 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.
Seite 104 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Seite 65 - 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 or belief, and as to those matters that he believes it to be true...
Seite 140 - ... up to the time of redemption, together with the amount of any assessment or taxes which the purchaser may have paid thereon after purchase, and interest on such amount, and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such lien with interest.
Seite 269 - When two or more persons, associated in any business, transact such business under a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name, the summons in such cases being served on one or more of the associates ; and the judgment in the action shall bind the joint property of all the associates, and the individual property of the party or parties served with process, in the same manner as if all had been named defendants and had been sued...
Seite 97 - All persons having in their possession, or under their control, any credits or other personal property belonging. to the defendant, or...