페이지 이미지
PDF
ePub

designate in his complaint, and if the defendant is about to depart from the state, such action may be tried in any county where either of the parties reside, or service is had, subject however, to the power of the court to change the place of trial, as provided in this code. If any person is improperly joined as a defendant, or has been made a defendant solely for the purpose of having the action tried in the county where he resides, his residence must not be considered in determining which is the proper county for the trial of the action. [Amendment approved April 10, 1911; Stats. 1911, p. 847.]

Citations. Cal. 156/268. App. 9/319; 10/72, 73, 390, 585; 11/227, 229, 238, 241; 12/517.

§ 396.

Citations.

Cal. 158/234. App. 10/391, 581; 11/227, 229; 13/586.

[blocks in formation]

§ 411.

Citations. App. 11/662; (subds. 1, 2) 12/448. § 412,

Citations. Cal. 155/341. App. 13/718. 414.

Citations. App. 11/698; 14/871. § 416.

Citations. App. 10/9, 390, 700; 18/9. § 422.

Citations. App. 8/260. Prac. Act, $ 38: App. 10/425. § 426.

Citations. Cal. 156/635; 158/185. App. 13/58. § 427.

Citations. App. 14/788, 789; (subd. 4) 9/145. § 430.

Citations. Cal. 158/230, 267, 698. App. 9/145, 779; 11/626.

§ 432,

Citations. Cal. 156/447. § 433.

Citations. Cal. 158/230, 697. § 434.

Citations. Cal. 155/181; 158/231, 697. App. 8/177, 312; 9/799; 12/86. § 437.

Citations. App. 11/188. § 438.

Citations. Cal. 158/80. App. 10/77. Prao. Act, § 47 (corresponding soc. tion): Cal. 158/29, 30. § 440.

Citations. App. 10/682. § 441.

Citations. App. 12/402. § 442.

Citations. Cal. 158/80. App. 8/260; 10/77, 78; 11/260. § 443.

Citations. Cal. 156/558. App. 9/183. § 448.

Citations. Cal. 156/581. § 454.

Citations. App. 12/682; 18/58. § 456.

Citations. Cal. 156/155, 156, 157; 158/43. § 457.

Citations. Cal. 155/432; 157/221; 158/774. App. 8/127. $ 458.

Citations. Oal. 157/198. S 462.

Citations. App. 11/312, 656. § 465.

Citations. Cal. 156/447. App. 8/260.

[ocr errors]

Actions against officers.

§ 526a. An action to obtain a judgment, restraining and preventing

any illegal expenditure of, waste of, or injury to, the estate, funds,
or other property of a county, town, city or city and county of the
state, may be maintained against any officer thereof, or any agent, or
other person, acting in its behalf, either by a citizen resident therein,
or by a corporation, who is assessed for and is liable to 'pay, or, within
one year before the commencement of the action, has paid, a tax therein. This section does not affect any right of action in favor of a county, city, town, or city and county, or any public officer; provided, that no injunction shall be granted restraining the offering for sale, sale, or issuance of any municipal bonds for public improvements or public utilities. [New section approved February 27, 1911; Stats. 1911, p. 87.]

Citations. App. 14/664, 665. Injunction. Notice. Party obtaining order must be ready. Defendant

entitled to continuance. Precedence. § 527. An injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. A copy of the complaint or of the affidavits, upon which the injunction was granted, must, if not previously served, be served therewith. No preliminary injunction shall be granted without notice to the opposite party; nor shall any temporary restraining order be granted without notice to the opposite party, unless it shall appear from facts shown by affidavit or by the verified complaint that great or irreparable injury would result to the applicant before the matter can be heard on notice. In case a temporary restraining order shall be granted without notice, in the contingency above specified, the matter shall be made returnable on an order requiring cause to be shown why the injunction should not be granted, on the earliest day that the business of the court will admit of, but not later than ten days from the date of such order. When the matter first comes up for hearing the party who obtained the temporary restraining order must be ready to proceed and must have served upon the opposite party at least two days prior to such hearing, a copy of the complaint and of all affidavits to be used in such application and a copy of his points and authorities in support of such application; if he be not ready, or if he shall fail to serve a copy of his complaint, affidavits and points and authorities, as herein required, the court shall dissolve the temporary restraining order. The defendant, however, shall be entitled, as of course, to one, continuance for a reasonable period, if he desire it, to enable him to meet the application for the preliminary injunction. The defendant may, in response to such order to show cause, présent affidavits relating to the granting of the preliminary injunction, and if! such affidavits are served on the applicant at least two days prior to the hearing the applicant shall not be entitled to any continuance on account thereof. On the day upon which such order is made returnable, such hearing shall take precedence of all other matters on the calendar of said day, except older matters of the same character, and matters to which special precedence may be given by law. When the cause is at issue it shall be set for trial at the earliest possible date and shall take precedence of all other cases, except older matters of the same

character, and matters to which special precedence may be given by law. [Amendment approved February 15, 1911; Stats. 1911, p. 59.]

Citations. App. 11/4. When injunction for use of water may be refused upon defendant giving

bond. § 530. In all actions which may be hereafter brought when an injunction or restraining order may be applied for to prevent the diversion, diminution or increase of the flow of water in its natural channels, to the ordinary flow of which the plaintiff claims to be entitled, the court shall first require due notice of the application to be served upon the defendant, unless it shall appear from the verified complaint or affidavits upon which the application therefor is made, that, within ten days prior to the time of such application, the plaintiff has been in the peaceable possession of the flow of such water, and that, within such time, said plaintiff has been deprived of the flow thereof by the wrongful diversion of such flow by the defendant, or that the plaintiff, at the time of such application, is, and for ten days prior thereto, has been, in possession of the flow of said water, and that the defendant threatens to divert the flow of such water; and if such notice of such application be given and upon the hearing thereof, it be made to appear to the court that plaintiff is entitled to the injunction, but that the issuance thereof pending, the litigation will entail great damage upon defendant, and that plaintiff will not be greatly damaged by the acts complained of pending the litigation, and can be fully compensated for such damage as he may suffer, the court may refuse the injunction upon the defendant giving a bond such as is provided for in section 532; and upon the trial the same proceedings shall be had, and with the same effect as in said section provided. (Amendment approved May 1, 1911; Stats. 1911, p. 1421.] $ 532.

Citations. App. 10/169. $ 537.

Citations. Cal. 155/212; 157/439; (subd. 1) 157/439, 440. App. 10/699; 12/191. § 538.

Cal. 157/438, 439. App. 12/501, 696; 13/460. S 539.

Citations. Cal. 157/240. App. 11/308; 13/398. § 540.

Citations. Cal. 157/438, 441. App. 11/671, 672, 673, 697, 699. § 541.

Citations. Cal. 157/576.

Citations.

« 이전계속 »