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 - 302페이지 |
도서 본문에서
38개의 결과 중 1 - 5개
3 페이지
... Authorities are added , which have emanated from the Fourth , Sixth and Twelfth Judicial District Courts , and the Superior Court of the City of San Francisco , which will elucidate points of practice not yet settled on appeal by the ...
... Authorities are added , which have emanated from the Fourth , Sixth and Twelfth Judicial District Courts , and the Superior Court of the City of San Francisco , which will elucidate points of practice not yet settled on appeal by the ...
4 페이지
... authority , where no opportunity could be had of reading a full opinion thereupon . There is annexed the " Act concerning the Courts of Justice of this State , and Ju- dicial Officers , " as also the " Act concerning Forcible Entries ...
... authority , where no opportunity could be had of reading a full opinion thereupon . There is annexed the " Act concerning the Courts of Justice of this State , and Ju- dicial Officers , " as also the " Act concerning Forcible Entries ...
17 페이지
... authority to try these cases anew is the exercise of appellate , and not of orig- inal jurisdiction . Townsend v . Brooks , 5 Cal . , 52 . 2. Appeals taken from a justice's court to the county court upon questions of law alone , when ...
... authority to try these cases anew is the exercise of appellate , and not of orig- inal jurisdiction . Townsend v . Brooks , 5 Cal . , 52 . 2. Appeals taken from a justice's court to the county court upon questions of law alone , when ...
28 페이지
... authority . 3d . To compel obedience to its lawful judgments , orders and process , and to the lawful orders of its judge out of court in an action or pro- ceeding pending therein . 4th . To control in furtherance of justice the conduct ...
... authority . 3d . To compel obedience to its lawful judgments , orders and process , and to the lawful orders of its judge out of court in an action or pro- ceeding pending therein . 4th . To control in furtherance of justice the conduct ...
34 페이지
... authority necessary for a trial . 4. [ 1854 , 1855. ] Every action shall be prosecuted in the name of the real party in interest , except as otherwise provided in this act ; but in suits brought by the assignee of an account ...
... authority necessary for a trial . 4. [ 1854 , 1855. ] Every action shall be prosecuted in the name of the real party in interest , except as otherwise provided in this act ; but in suits brought by the assignee of an account ...
기타 출판본 - 모두 보기
자주 나오는 단어 및 구문
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
인기 인용구
41 페이지 - ... 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - All persons having in their possession, or under their control, any credits or other personal property belonging to the defendant, or...
233 페이지 - 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 페이지 - ... 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 페이지 - 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.