The Code of Civil Procedure of the State of California in Four Parts: Compiled from the State Code of Civil Procedure, Adopted March 11, 1872 and the Subsequent Official Statute Amendments to and Including 1923
Claremont Press, Incorporated, 1923 - 574 páginas
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action administrator adverse affidavit allowed amount answer appeal application appointed arrest attachment attorney authorized bond brought cause certificate CHAPTER city and county civil claim clerk commenced complaint contract copy corporation costs damages debtor deemed defendant delivered deposit determine direct discharged duties effect entered entitled entry evidence execution executor fact filed five give given granted hearing hundred interest issued judge judgment jury justice land letters liability lien manner ment motion necessary notice objection original otherwise owner paid party payment perform person personal property plaintiff pleading possession probate proceedings proceeds real property reason received record recover referee rendered residence respective Section Section served sheriff sold specified statement sufficient summons superior court sureties taken therein thereof tion trial undertaking unless verdict writ writing
Página 74 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Página 72 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Página 84 - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Página 15 - The Superior Court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine...
Página 88 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the pleading to be amended upon such terms as may be just.
Página 119 - After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of, or after notice to, the parties or counsel.
Página 72 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Página 207 - If the judgment or order appealed from direct the sale, or delivery of possession of real property, the execution of the same shall not be stayed, unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit, or suffer to be committed, any waste thereon...
Página 92 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Página 72 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all, or any of them, be included in the same action, at the option of the plaintiff.