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, and Judicial Officiers," Passed May 19, 1853; and Also, "An Act Concerning Forcible Entries and Unlawful Detainers," Passed April 22, 1850Whitton, Towne & Company, 1858 - 302ÆäÀÌÁö |
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49 ÆäÀÌÁö
... alleged concealed defendant , and a judgment against him will stand after six months have elapsed , unless this defendant file his bill to set aside the judgment on the ground of fraud , that he was not concealed.— Ware v . Robinson , 8 ...
... alleged concealed defendant , and a judgment against him will stand after six months have elapsed , unless this defendant file his bill to set aside the judgment on the ground of fraud , that he was not concealed.— Ware v . Robinson , 8 ...
51 ÆäÀÌÁö
... allegations by the parties of their respective claims and defenses , for the judgment of the court . 1. Pleadings must be strongly taken against the pleader . - Chipman v . Emeric , 5 Cal . , 49 . 2. The mode of taking advantage of ...
... allegations by the parties of their respective claims and defenses , for the judgment of the court . 1. Pleadings must be strongly taken against the pleader . - Chipman v . Emeric , 5 Cal . , 49 . 2. The mode of taking advantage of ...
52 ÆäÀÌÁö
... allegations of ignorance in making the necessary averments , or of insuffi- cient conduct , in the prosecution of a ... alleged that in September , 1849 , plaintiff settled on a tract of land , " The same being public land of the United ...
... allegations of ignorance in making the necessary averments , or of insuffi- cient conduct , in the prosecution of a ... alleged that in September , 1849 , plaintiff settled on a tract of land , " The same being public land of the United ...
53 ÆäÀÌÁö
... alleged to be fraudulently con- veyed , it is not sufficient simply to aver that the conveyance was fraudulent , but facts and circumstances must be set out and shown , to sustain the theory of the bill . - Kin- der v . Macy , 7 Cal ...
... alleged to be fraudulently con- veyed , it is not sufficient simply to aver that the conveyance was fraudulent , but facts and circumstances must be set out and shown , to sustain the theory of the bill . - Kin- der v . Macy , 7 Cal ...
58 ÆäÀÌÁö
... allegations , but a general denial shall only put in issue the material and express allega- tions of the complaint ; 2nd . A statement of any new matter constituting a defense , in ordinary and concise language . 1. To set up tender in ...
... allegations , but a general denial shall only put in issue the material and express allega- tions of the complaint ; 2nd . A statement of any new matter constituting a defense , in ordinary and concise language . 1. To set up tender in ...
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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 counter claim county clerk county court county judge court of sessions court or judge creditor damages deemed defendant demurrer deposition direct discharge district court docket Duer entered entitled evidence examination execution facts filed granted hundred dollars injunction issue judgment debtor judgment or order jurisdiction jury justice liable lien manner ment misjoinder Monday mortgage motion notice oath officer payment pending personal property plaintiff pleading possession probate court proceed real property record recover redemptioner referee rendered reside served sheriff specified statement statute sufficient suit summons supreme court sureties taken therein thereof tion trial undertaking unlawful detainer unless verdict witness writ
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41 ÆäÀÌÁö - ... 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...
35 ÆäÀÌÁö - 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.
76 ÆäÀÌÁö - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
104 ÆäÀÌÁö - 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.
157 ÆäÀÌÁö - 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...
268 ÆäÀÌÁö - 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...
97 ÆäÀÌÁö - All persons having in their possession, or under their control, any credits or other personal property belonging to the defendant, or...
233 ÆäÀÌÁö - When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state...
196 ÆäÀÌÁö - ... 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.
35 ÆäÀÌÁö - 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.