The Code of Civil Procedure of the State of California: Adopted March 11, 1872, and Amended Up to and Including 1905, with Statutory History and Citation Digest Up to and Including Volume 147 of California Reports
Bancroft-Whitney, 1906 - 1079 páginas
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action adverse affidavit allowed Am'd Am’d amount answer Ante appeal application appointed April 29 attachment attorney bond brought cause certified CHAPTER city and county Civil claim clerk Code commenced complaint copy costs damages defendant deposited direct duties effect election entered entitled execution executor or administrator fact filed five give given granted guardian hearing hold hundred interest issued judge judgment jurisdiction jurors jury justices letters lien manner March 11 motion necessary notice oath paid party payment peace person petition plaintiff pleadings possession Post Prac Prob probation proceed proceedings real property receive record referee rendered residence respective served sheriff Subd sufficient summons superior court supreme court sureties taken therein thereof tion trial undertaking unless writ writing written
Página 49 - 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 159 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Página 30 - Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word "person...
Página 683 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Página 134 - 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 136 - 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.
Página 205 - ... in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment ; 5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; 6.
Página 137 - In case of any other transfer of interest, the action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action of proceeding.
Página 347 - ... 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...