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[Black-faced numerals indicate pages.] APPEAL (continued)
APPEAL AND ERROR (continued) habeas corpus, in. See tit. Habeas by new and alternative method of appeal, Corpus.
1656. harmless error, 1329.
by old method of appeal, 1655. how taken, 4001.
collateral proceedings, 1678. in criminal cases. See Appeal and Error. costs on, 1720, 3111. in election contest, 1751.
decision reviewable, as to generally, anin probate proceedings, 4057.
notation, 1646. judgment appealable, 3113.
as to appealable orders, annotation, jurisdiction to decide, 1324.
1647. law of the case, 1329, 1338.
as to non-appealable orders, annota
tion, 1648, modification of judgment on, 1329.
errors of law, 1648. notice of entry of judgment, 3108.
review of sufficiency of evidence, 1648. orders and judgments appealable, 3113.
defects and objections in record, 1670. questions of fact on, 1332.
determination of cause, 1686. questions presented for review on, 1336.
discretion of lower court, 1681. rehearing in supreme court, 1324.
dismissal of, as to generally, 1673, 3111. res adjudicata, 1324.
absence of controversy, 3112. reversal of decision of California su
by consent, 1673. preme court by United States su
failure to file points and authorities, preme court, 1325.
1674. rules of court on, 1337.
failure to file transcript in time, exscope and extent of review on, 1337.
cuse, 1674. stare decisis, 1324.
for failure to serve "adverse party," stay on, annotation, 4004.
1675. sufficiency of issue raised, 1325.
on new method of appeal, 1675. time of taking, 3108.
on old method of appeal, 1674. notice of entry of judgment, 3108.
rehearing, 1676. to superior court. See tit. Appeals to taken or perfected too late, 1676. Superior Court.
when and when not to be made, 1699. to supreme court. See tit. Appeals to disposition of cause, 1686. Supreme Court.
effect of appeal undertaking on money judgment, anno- by new and alternative method, 1693. tation, 4003.
on jurisdiction of trial court, 3112. verdict on, 1332.
subsequent orders of trial court, 3112. when taken, 1931.
errors of law, review of, 1648. annotation, 4000.
evidence, review of sufficiency of, 1648. APPEAL AND ERROR. See tit. Appeal. execution, undertaking to stay, and pro abandonment of appeal or of point, 1677.
ceedings on appeal, 1664. alternative method of appeal, statutory failure to file transcript in time, 3112. provisions for, 1692, 1693.
frivolous appeals, damages, 3112, appeal to be taken within what time, from orders granting or refusing new 1689.
trial, 3113. assignment of errors, 1672, 3110.
grounds of review, presentation, and authentication of transcript, as to gener
reservation in lower court, annota. ally, 1669.
tion, 1650. bill of exceptions on, necessity for a harmless error, 1684. sufficiency of, 1667, 3118.
in criminal cases, as to generally, 2221time for service of, 3121,
2229, 3309. bond or undertaking on appeal, as to bail upon, annotation, 4149. generally, annotation, 1660.
certificate of probable cause, 2223. on new and alternative method of ap- certiorari to reverse conviction for peal, 1662.
selling, etc., 3310. on old method of appeal, 1660.
clerk to deliver carbon copy of tranbriefs, 1672, 3111.
scribed notes, 2231.
[Black-faced numerals indicate pages.) APPEAL AND ERROR (continued)
APPEAL AND ERROR (continued) filing proposed corrections, 2231.
notice of to county clerk, 1697, 3129. decisions reviewable, 2222.
notice that transcript of testimony may designating proportion of reporter's
be made up, 1653. notes to be copied, 2230.
time of taking, 1654. duty of clerk upon appeal, 2230.
transcript on appeal by, as to generextension of time to transcribe and file
ally, 1656. notes not allowed, 2232.
certification of by judge, 1697. hearing, 2225.
failure to file in time, 3112. how appeals taken, 2229.
papers incorporated in, 1697. illness or death of reporter, proceed
to be presented to judge for approval, ings on, 2231.
1697. must be taken within what time, 2222,
undertaking to pay costs of transcript, 2229.
1698. necessity of objections, 2223.
what respondent may require, 1697. notice served by publication when,
notice of appeal, as to generally, annota2229.
tion, 1657, 3116. papers to be transmitted, annotation, 4149.
"adverse party," who is, 1659. practice and procedure in, 3310.
on new method of appeal, 1659. withdrawal of plea of guilty refused,
on old method of appeal, 1657. 3311.
what to contain, 1692, 3128. printing of record and briefs dispensed notice that transcript of testimony be with, 2232, 3114.
made up (new method), annotation, record, and proceedings not in record,
old method of appeal, as to generally, review on, 2225, 2229, 3311.
annotation, 1653. statement of grounds of appeal, 2230.
bond and undertaking on, 1660. suggestions of former transcript neces- notice of appeal under, 1657. sary, proceedings, 2232.
time of taking, 1653. what may be reviewed on appeal by transcript on appeal by annotation, defendant from judgment, 2233,
omission of matter from record on apwithin what time appeal to be taken,
peal, 3113. 4148.
orders and judgment appealable, 3113. in probate proceedings, 4057.
parties to appeal, 1652. intention to move for new trial, 1652, physicians and surgeons, action for ser3091.
vices, sufficiency of evidence, 3114. interlocutory proceedings, 1678.
points law of the case, as to generally, 1329, and authorities, failure to file, 1674. 1338, 1676, 3114.
decided, become the law of the case, new and alternative method of appeal,
3114. 1653, 1662.
preparation of papers on appeal, new as to generally, annotation, 1653.
and alternative method, 1697, 3114, as to statutory provisions as to, 1692,
3129. 1693, 1697, 1698.
presentation and reservation in lower “adverse party," as to who is, 1659.
court of grounds of review, 1330. bond on not required, 1662.
presumptions on, 1332, 1679, 3115. clerk to transmit prepared record, 1698. proceedings on appeal, annotation, 1652. constitutionality of, provision for, 1654. proceedings to perfect appeal construction of, provision for, 1654.
as to generally, 3115. court reporter to transcribe report of in case of superintendent of banks, trial, 1697.
3116. effect of appeal, 1693.
notice of appeal, 3116. notice of appeal under, 1660.
stay of proceedings, supersedeas, 3117. what to contain, 1692.
questions presented for review, 1671.
(Black-faced numerals indicate pages.] APPEAL AND ERROR (continued)
APPEAL AND ERROR (continued) questions raised in the first instance on on new and alternative method of apappeal, 3118.
peal, 1668. record and proceedings not in record, as stipulating correctness of, 1672.
to generally, annotation, 1664, 3118. transfer of cause, requisite proceedings, authentication and certification, 1669.
in general, annotation, 1652. bill of exceptions, necessity for a suffi- under new and alternative method of apciency of, 1667.
peal, 1669. by new and alternative method, 1669. undertaking to pay cost of transcript, by old method of appeal, 1664.
2130. defects and objections, 1670.
undertaking to stay execution and pro
ceedings on, 1664, 3117. questions presented for review, 1671.
justice's court, 3118. stipulating correctness of transcript, 1675.
what papers to be used transcript, 1668.
on appeal from judgment, 3129. record on appeal by new, etc., method to
on appeal from order, 3129. be transmitted by clerk, 1698.
granting or refusing new trials, 3129. rehearing, 1676, 3122.
when appeal may be dismissed and when release of property under levy, on appeal,
not, 1699. 1694.
within what time appeal to be taken, review on
1689, 3128. affirmance, reversal, or modification, writ of review as to, annotation, 1649. 3123, 3125, 3126.
“adverse party," who is, 1649. as to generally, 1677-1686, 3122.
“party aggrieved," who is, 1649. conflict of evidence, 3124.
APPEALS TO SUPERIOR COURT harmless error, 3125.
as to generally, annotation, 1704-1707. modification of judgment, 3124, 3125. in criminal cause, how taken, heard, and presumptions and intendments, 3125.
determined, 2248. questions reviewable, 3126.
no appeal effective unless filing fees paid, reversal in part, 3126.
3132. review of evidence and findings, 3126. APPEALS TO SUPREME COURT what may be reviewed on appeal from as to generally, annotation, 1700-1703. judgment, 3131.
as to power of supreme court on, full rules of supreme court relative to, 1688.
annotation, 1322-1338. statement record, bill of exceptions on filing fees necessary to perfect, annotaappeal, 3118.
tion, 4014. authentication by judge or clerk, 3119. undertaking on, annotation, 4012. mandamus of judge or clerk, 3120.
filing of, annotation, 4014. on appeal from justice's court, 3120. when appeal may be taken to, 3131, 4011. specification of errors, 3120.
APPEARANCE time for service and filing, 3122.
as to generally, annotation, 1713, 1714. stipulating correctness of transcript, how made, 3133. 1672,
in proceedings against escheated estate, supersedeas or stay of proceedings on,
1828. as to generally, annotation, 1663.
time for defendant's in justices' court, supplementary proceedings, 1678.
1631. taken or perfected too late, 1676.
APPELLATE COURT time of taking appeal by new and alter- remedial powers of, annotation, 4010. native method, 1654, 3108.
APPLIANCES time of taking appeal by old method, furnished by employer, as to generally, 1653, 3108.
annotation, 1192. transcript on al, to generally, an- APPOINTMENT notation, 1665, 1668.
of agents to receive service. See tits. failure to file in time, excuse, 1674,
Agents and Agency; Corporations. 3112.
of superintendent of state printing, 51. [Black-faced numerals indicate pages.] APPORTIONMENT
ARTICLES OF INCORPORATION (conof assessments of railroads, 440.
tinued) of estates of decedents. See tit. Estates signature of each person named in article, of Decedents.
883. of percolating waters, 1075.
ASSAULT. See tits. Assault and Battery; of surface and underground water
Assault with Deadly Weapon; Homicide. streams. See tit. Water Rights.
by public officer, 3212. APPURTENANT
to commit rape, 2058. water is to land when, 946.
to commit robbery, 2058. AQUATIC SPORTS
to commit sodomy, 2058. setting aside property for by harbor com- with deadly weapons, annotation, 2060missioners, 330.
2062. ARBITRATION AND AWARD
with intent to commit felony other than annotation, 1830-1833.
murder, annotation, 2058. ARCHITECT
with intent to murder, 2057. liability for mistake or negligence, 2970. ASSAULT AND BATTERY ARMORIES. See National Guard.
as to generally, 2060. ARMORY BOARD
how punished, 2060. state, 270.
liability in damages, for, 1149. ARMS. See tit. National Guards.
ASSAULT WITH DEADLY WEAPON ARRAIGNMENT
as to generally, 2060-2062, how made, 2166.
act constituting, 3228. ARREST AND BAIL
by life convict, 3229. affidavit for arrest, 3066.
evidence, cross-examination of witness, arrest in justices' court, 1634.
3229. arrest without warrant, 3294.
with intent to murder, indictment and ARREST OF JUDGMENT
instructions, 3229. court may arrest without motion, 2212. ASSEMBLY. See tit. Legislature. motion in, grounds of, 2211, 3308.
assemblymen, election of, 18. ARSENALS. See National Guard.
printing for, by superintendent of state ARSON
printing, 50. as to generally, 2091.
speaker of to receive copy of election burning inhabited building in night time,
returns, 2454. 3257.
ASSEMBLY DISTRICTS ARTICLES OF INCORPORATION
of state, 2366. as to what they must contain, 879, 880. ASSESSMENT. See tit. Taxes and Taxa. acknowledgment of, 883.
tion. amendment of, 2858.
against insurance companies, payable on amended articles filed, 2859.
demand, 86. changes permitted, 2869.
erroneous of taxes, cancellation of, 488. majority vote of directors required, for deficiency in salary and expenses of 2858.
insurance commissioner, 72. amount subscribed, 880.
for street improvements, bonds, 2388. capital stock, 880.
objection to of reclamation district, 395. certain corporations to state further of property for taxation, how made, 433. facts, annotation, 882.
of reclamation districts. See tit. Reclacertified copy of must be filed by foreign
mation Districts. corporations in office of secretary of of taxes, annotation, 425. state, 916.
ASSESSMENT-BOOK. See tit. Taxes and classes of stock, distinction, 880.
Taxation. corporation for social purposes, 880.
certified copies of for city, towns, and lost, restoration of, 884.
irrigation districts, 438. must set forth what, 2853.
correction of errors in, 3620. number of directors, 880.
index to, 437. number of directors may be changed, 880. ASSESSMENT-ROLL subscribers to, 883.
taxation of railways to be entered, 440.
(Black-faced numerals indicate pages.) ASSESSMENT OF RAILWAYS
ASSOCIATION OF PERSONS apportionment of assessments, 440.
action against, annotation, 3946. assessment of depots, etc., 440.
associates may be sued by name of, 1420. auditor must enter statement on assess- ASSUMPTION OF RISK ment-roll, 440.
as to generally, annotation, 1183. dissatisfied owner of railroad as to as- ASYLUMS sessments, procedure, 441.
for orphans. See tit. Orphan Asylums. duplicate record to be filed with control.
of deaf, dumb, and blind. See tit. Deaf, ler, 442.
Dumb, and Blind Asylum. duties of supervisors, 441.
ATTACHMENT duty of clerk of board of supervisors in
as to generally, annotation, 1500, 3068, relation to, 441.
3967. duty of state board of equalization in re. affidavits in, 1501, 3069, 3070, 3967. gard to, 440.
amendment of, 3069. operated by other than owner, 440.
bonds and undertakings, 3069. owner of railroad dissatisfied as to as.
damages for wrongful, 3070. sessments, 441.
discharge of writ, when must by law, procedure where owner of railroad dig.
1506. satisfied with assessments, 441.
duration of lien of on real estate, 1503, record of assessments of, 441.
3070. supervisors, duties of in relation to, 441.
for disobedience of board of supervisors, ASSESSMENT OF STOCK. See tit. Corpo.
proceedings on, 558. rations.
garnishment. See tit. Garnishment. as to generally, annotation, 990.
if defendant recover judgment what sherASSESSOR. See tit. Taxes and Taxation.
iff to deliver, 1505. abstract of mortgages to be furnished to in justices' court. See tit. Justices' by county recorder, 444.
Courts. by county auditor, 3608.
in what cases may be released and upon block-books for, to be made by county
what terms, 1506, 3970. surveyor, 616.
motion to dismiss, 3070. board of supervisors must require annual affidavits on, 3070. report of, 551.
of real estate, duration of lien, 1503. compensation of assessor, 246.
preference of claim for salary and wages, duties of, 581.
1795. extension of time for performance of act proceedings to release, before whom by, 449,
taken, 1505, 3970. insurance commissioner to furnish cer- real property on tain information to, 82.
as to generally, 3070. penalty for dereliction as to enrollment, duration of lien, 3070. 246.
how lien of renewed, 3070. personal property receipts to be fur. release of real property from attachnished to by auditor, 451.
ment, 1507. roll of citizens subject to military duty sale of perishable property, 3070. to be made by, 245.
sheriff to deliver what if defendant resalary of. See tit. Salary and Fees of
cover judgment, 1505. County Officers.
suit on bond, as to generally, annotation, yearly final settlement with auditor for
1505. poll-tax, 494.
undertaking on, 1502. ASSIGNMENT
as to generally, annotation, 1503. of thing insured, effect, 1234.
when writ must be discharged, 1506. of stock of mining company, 948.
writ of, to whom directed and what to of wages, 1013.
state, 3968. preference for salary and wages, 1795. ATTEMPTS TO COMMIT CRIME ASSIGNMENT FOR BENEFIT OF CRED. as to application of statute, interpreta. ITORS
tion, 3233. as to generally, 1305, 1306.