Revised Laws of the State of California: In Four Codes : Political, Civil, Civil Procedure, and Penal, 3권

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T.A. Springer, State printer, 1871

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OF THEIR ORGANIZATION JURISDICTION AND TERMS
11
Judicial districts
20
Injuries to property
21
Injuries to the person
22
Civil action by whom prosecuted
23
Terms where held
30
This court continued
34
JUDICIAL DAYS
38
May reverse affirm or modify etc remittitur
45
CHAPTER III
46
Qualifications and exemptions of jurors
49
Jury to be drawn upon the order of the judge
54
Mode and manner of impanelling
60
OF PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS
63
three CodesPolitical Civil and Penal but upon more mature
65
Removal and suspension
70
TITLE I
75
Such seizin when necessary in action or defence arising out of title
76
CHAPTER III
82
Action to be in name of party in interest
87
Court when to decide controversy or to order other parties to
93
Actions how commenced
96
When defendant may demur
102
Answer in such cases
107
OF COSTS
111
CHAPTER I
112
Notice of justification New undertaking if other bail
116
Allowance of bail
117
Proceedings on judgment against sheriff
118
Definition of pleadings
119
Exception to sureties and proceedings thereon or on failure to except
120
Qualification of sureties
121
When it may be granted
122
granted
123
When to be vacated or modified
124
the parties require
128
When property claimed by a third party how tried
129
When suits may be commenced on the undertaking
130
When a motion to discharge attachment may be made and upon what grounds
131
CHAPTER VI
133
Manner of enforcing the order
134
CHAPTER II
136
ARTICLE III
144
When and how trial by jury may be waived
145
Notice of motion upon whom served and what to contain
152
When property is claimed by a third party how the right of property
159
CHAPTER II
172
Actions for the foreclosure of mortgages
175
Damages may be recovered for injury to the possession after sale
177
Proceeds of sale belonging to parties unknown must be invested for their benefit
188
Investment must be made in the name of the clerk of the county
189
The share of an infant may be paid to his guardian
190
The court by consent may appoint a single referee
191
CHAPTER VI
193
Complaint must be verified
194
Sheriff must execute such writ without delay
195
Mariners and others may assert their claim for wages notwithstanding prior attachment How enforced
196
Sheriffs notice of sale to contain measurement tonnage etc
197
Writ of attachment shall issue upon affidavit
203
Regar jurors to serve one year
210
CHAPTER VI
211
Entry of judgment time and manner of
212
Costs shall be added to the verdict
213
Execution may issue at any time within five years
214
CHAPTER VII
215
May require security for costs
216
Entries therein primary evidence of the facts
217
Successor of a justice who shall be deemed
218
Contempts a justice may punish for
219
Justices may issue subpoenas and final process to any part of the county
220
TITLE XIII
221
Orders made out of court without notice may be reviewed by the judge
222
Appeal how taken
223
Appeal from a judgment for delivery of documents
224
Undertaking may be in one instrument or several
225
Undertakings in cases not specified
226
What may be reviewed on an appeal from judgment
227
CHAPTER III
228
valid
246
Two of three referees etc may do any act
247
People of state not required to give bonds when state is a party
248
Limitation of Actions
251
Must be either alternative or peremptory Substance
253
Clerk to issue citation to respondent
258
CHAPTER II
264
Order of discharge
266
Eminent Domain
272
Liens for grading and filling lots and streets
273
Same
274
Liens upon two or more pieces of property Amount due from each to be designated
275
Suits to enforce liens must be tried in district courts Rules of plead ing etc
276
Proceeds of sale how distributed Execution for deficiency
277
made
278
TITLE V
279
Bail bond form and conditions of
281
Officer must return warrant and undertaking if any
282
Voluntary Dissolution of Corporations
283
Objections may be filed
284
Summons what to contain How issued and served
292
Rules of practice
293
Duties and powers of commissioners
294
The date of service of summons or appearance determines the time of the accruing of damages
295
Answer
296
Report confirmed by court
297
New proceedings to cure defective title
298
Proceeding in court or chambers
299
Putting plaintiff in possession
300
Court or jury to assess damages
308
The date with respect to which compensation shall be assessed and the measure thereof
309
Final order of condemnation what to contain When filed title vests
310
Rules of practice
311
TITLE VIII
316
five years
318
CHAPTER I
322
Wills proved in other states to be recorded when and where
329
Oaths and bonds of executors and administrators
334
Revocation of letters of administration
341
Hearing of petition for revocation
342
recorded
343
Each of more than one administrator to give separate bonds
344
Right ceases when
345
Citation to executor etc to show cause against such application
346
New sureties
347
Duties of special administrator
348
WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED AND MISCELLANEOUS PRO
350
Complaint first pleading
351
Executor or administrator to deliver real estate to heirs or devisees
355
CHAPTER V
361
Court to direct partition suit in the district court when Proceedings
364
thereon
367
New appraisement when ordered Instead of deeding property at appraised value public sale to be ordered when
368
CHAPTER VI
369
judgments
371
Allowance and rejection of claims
372
Rejected claims to be sued for within three months
373
Claims in action pending at time of decease
374
What judgment is not a lien on real property of estate
375
Trial by referee how confirmed and its effect
376
CHAPTER VII
377
Sales of personal property
378
Sale of personal property
379
Summary sales of mines and mining interests
380
Sales of real estate interests therein and confirmation thereof
382
Order to persons interested to appear
384
Administrator executor and witnesses may be examined
385
What the order of sale must contain May be at public or private 386 1545 Interested persons may apply for order of sale Form of petition
386
Notice of sale
387
Ninety per cent of appraised value must be offered
388
May file objections when and who
389
Conveyances
390
Action may be tried in any county unless the defendant demand a trial
396
Of accounts rendered by executors and administrators and of
402
room for additional sections at the end of each chapter and arti
414
C
421
Criminal actions 25 Civil and criminal remedies not merged 7
467

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