« 이전계속 »
Citations. Cal. (subd. 4) 157/576. App. (subd. 5) 10/159. § 544.
Citations. Cal. 155/211. App. 12/280, 284. S 552.
Citations. App. 11/671. § 554.
Citations. App. 11/672, 699. $ 555.
Citations. App. 11/671, 672, 699. $ 556.
Citations. Cal. 157/441. App. 13/460. $ 558.
Citations. Cal. 157/441. App. 18/460, 468. $ 564.
Citations. App. 12/344; (subd. 6) 12/348. $ 565.
Citations. App. 8/713. $ 566.
Citations. App. 13/871, 872. $ 577.
Citations. App. 8/20, 224. $ 578.
Citations. Cal. 156/448. $ 579.
Citations. Cal. 156/447, 448. $ 580.
Citations. Cal, 158/480. App. 8/707, 771; 9/866; 13/32. S581.
Citations. Cal. 196/260, 656. App. 9/167, 168, 169, 170, 171 $ 581a. Citations. App. 11/160.
Motion to postpone a trial. Involving title to mining claim.
§ 595. A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. trial shall be postponed when it appears to the court that the attorney of record, party, or principal witness is actually engaged in attendance upon a session of the legislature of this state as a member thereof. The court may require the moving party, where application is made on account of the absence of a material witness, to state upon affidavit the evidence which he expects to obtain; and if the adverse party thereupon admits that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial must not be postponed. In actions in. volving the title to mining claims, or involving trespass for damage upon mining claims, if it be made to appear to the satisfaction of the court that, in order that justice may be done and the action fairly tried on its merits, it is necessary that further developments should be made, underground or upon the surface of the mining claims involved in said action, the court shall grant the postponement of the trial of the action, giving the party a reasonable time in which to prepare for trial and to do said development work. (Amendment approved May 1, 1911; Stats. 1911, p. 1448.] $ 604.
Citations. App. 14/489. § 611.
Citations. Cal. 158/367. § 625.
Citations. Cal. 156/696. App. 8/228, 229; 9/444, 781; 10/323; 12/214, 221, 222, 532.
Citations. App. 8/82; 11/598; 18/777. $ 648.
Citations. App. 9/118.
§ 649. A bill containing the exception to any decision may be presented to the court or judge, for settlement at any time after the decision is made, but the same must be presented within ten days after written notice of making such decision, and after having been settled must be signed by the judge and filed with the clerk. When the deeision excepted to is made by a tribunal other than a court, or by a judicial officer, the bill of exceptions must be presented to and settled and signed by such tribunal or officer. (Amendment approved March 20, 1911; Stats. 1911, p. 402.] Bill of exceptions.
§ 650. When a party desires to have exceptions taken at a trial settled in a bill of exceptions, he may, at any time thereafter, and within ten days after the entry of judgment, if the action was tried with a jury, or after receiving notice of the entry of judgment, if the action was tried without a jury, or such further time as the court in which the aetion is pending, or a judge thereof, may allow, prepare the draft of a bill, and serve the same, or a copy thereof, upon the adverse party. Such draft must contain all the exceptions and proceedings taken upon wbich the party relies. It may also contain a statement of any matters occurring upon the trial, in the presence of the court, showing any of the matters mentioned in subdivisions 1 and 2 of section 657 of this code. Within ten days after such service the adverse party may propose amendments thereto, and serve the same, or a copy thereof, upon the other party. The proposed bill and amendments must, within ten days thereafter be presented by the party seeking the settlement of the bill, to the judge who tried or heard the case, upon five days' notice to the adverse party, or be delivered to the clerk of the court for the judge. When received by the clerk he must immediately deliver them to the judge, if he is in the county; if he is absent from the county, and either party desires the paper to be forwarded to the judge, the clerk must, upon notice in writing of such party, immediately forward them by mail, or other safe channel; if not thus forwarded the clerk must deliver them to the judge immediately after his return to the county. When received from the clerk, the judge must designate the time at which he will settle-the bill, and the clerk must immediately notify the parties of such designation. At the time designated the judge must settle the bill. The bill must thereupon be engrossed and presented to the judge to be certified, by the party presenting it, within ten days. If the action was tried before a referee, the proposed bill,
with the amendments, if any, must be presented to such referee for settlement within ten days after service of the amendments, upon notice of five days to the adverse party, and thereupon the referee must settle the bill. If no amendments are served or if served are allowed, the proposed bill may be presented with the amendments, if any, to the judge or referee for settlement without notice to the adverse party.
It is the duty of the judge or referee, in settling the bill, to strike out of it all redundant and useless matter so that the exceptions and proceedings may be presented as briefly as possible. When settled, the bill must be signed by the judge or referee, with his certificate to the effect that the same is allowed, and must then be filed with the clerk.
No bill of exceptions, statement on motion for a new trial, notice of appeal, or notice or paper, other than amendments to the pleadings or an amended pleading, need be served upon any party whose default has been duly entered, or who has not appeared in the action or proceeding. [Amendment approved March 20, 1911; Stats. 1911, p. 400.]
Citations. Cal. 155/55, 56. App. 10/211, 767, 768; 11/636; 13/479. $ 651.
App. 8/858. $ 652.
Citations. App. 11/336. § 653.
Citations App. 11/836. $ 656.
Citations. Cal. 155/105. S 657.
Citations. Cal. 155/533; 156/685; (subd. 2) 156/397. App. 10/709; 14/726; (subd. 1) 11/257; (subd. 3) 11/257; (subd. 4) 10/636; (subd. 5) 11/144; 13/87; (subd. 6) 11/41. § 659. Citations.
Cal. 56/362; 158/114, 352, 353, 354, 355; (subd. 3) 155/54, 55; (subd. 4) 157/594; 158/71. App. 10/765, 766, 767, 769; 13/692. § 661.
Citations. Cal. 155/615; 158/71. App. 8/293; 9/761. $ 663.
Citations. Cal. 155/324, 603; 157/326, 327. App. 8/573, 690; 10/479, 767; 11/39, 40, 273, 274; 13/430; 14/735. § 663a (formerly § 663/2).
Citations. Cal. 155/324, 603. App. 8/573, 690; 10/767; 11/39, 274; 13/430.
Citations. Oal. 155/416. App. 9/704; 10/726, 728. § 668.
Citations. Cal. 158/245. 670.
Citations. Cal. 155/841, 842; 158/245. App. 11/637; 13/81. § 671.
Citations. Cal. 158/245. App. 11/64, 781; 14/362, 582. $ 672.
Citations. Cal. 158/245. App. 8/694. § 681.
Citations. Cal. 155/212. Stay of execution.
§ 681a. The court or the judge thereof shall not have the power, without the consent of the adverse party, to stay, for a longer period than thirty days, the execution of any judgment or order the execution whereof would be stayed on appeal only by the execution of a stay bond. (New section approved March 20, 1911; Stats. 1911, p. 400.] § 683.
Citations. Cal. 155/212. $ 684.
Citations. App. 8/225. § 685.
Citations. Cal. 157/411. $ 688.
Citations. Cal, 155/211, 213. § 690.
Citations. Cal. (subd. 10) 158/447, 449, 450. App. (subds. 1, 2, 3, 6, 10) 12/751; (subd. 20) 14/85. § 699.
Citations. Cal. 157/576. § 710.
Citations. Cal. 158/446, 447, 449, 451, 452. App. 8/47, 49, 661,
Citations. App. 10/158.