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" Court, when the plaintiff fails to appear on the trial, and the defendant appears and asks for the dismissal; 4. By the Court, when, upon the trial, and before the final submission of the case, the plaintiff abandons it; 5. By the Court, upon motion of... "
Statutes of California Passed at the ... Session of the Legislature - Page 100
by California - 1878
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...with diligence. All other modes of dismissing an action by no:i-suit, or otherwise, are abolished. The dismissal mentioned in the first two subdivisions is made by an entry in the clerk's register, and a notice served on the adverse party. Judgment may thereupon be entered accordingly. ยง 753. In...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...upon the trial, and before the final submission of the case, the plaintiff abandons it : , 5th. By the court, upon motion of the defendant, when upon...dismissal mentioned in the first two subdivisions, shall be made by an entry in the clerk's register. Judgment may thereupon be entered accordingly. SEC....
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 pages
...final submission of tbe case, the plaintiff abandons it. o. By the court, upon motion of the defondast, grant a further reprieve. Ho shall communicate to...of every session, every case of reprieve or pardon shall be made by an entry in the clerk's register. Judgment may thereupon be entered accordingly. (3)...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 586 pages
...when upon the trial, and before the final submission of the case, the plaintiff abandons it. 5th. By the court, upon motion of the defendant, when upon...dismissal mentioned in the first two subdivisions, shall be made by an entry in the clerk's register. Judgment may thereupon be entered accordingly. 1....
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 pages
...when upon the trial, and before the final submission of the case, the plaintiff abandons it. 5th. By the court, upon motion of the defendant, when upon...dismissal mentioned in the first two subdivisions, shall be made by an entry in the clerk's register. Judgment may thereupon be entered aecordingly. 1....
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 pages
...when upon the trial, and before the final submission of the case, the plaintiff abandons it. 5th. By the Court, upon motion of the defendant, when upon...dismissal mentioned in the first two subdivisions shall be made by an entry in the Clerk's register. Judgment may thereupon be entered accordingly. 1....
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 pages
...when, upon the trial, and before the final submission of the case, the plaintiff abandons it. Fifth. By the court, upon motion of the defendant, when, upon...prove a sufficient case for the jury. The dismissal in the first two subdivisions shall be made by an entry in the clerk's register. Judgment may thereupon...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 pages
...when, upon the trial, and before the final submission of the case, the plaintiff abandons it. Fifth. By the court, upon motion of the defendant, when, upon...prove a sufficient case for the jury. The dismissal in the first two subdivisions shall be made by an entry in the clerk's register. Judgment may thereupon...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - 792 pages
...and before the final submission of the case, the plaintiff abandons it. Fifth, By the court upon the motion of the defendant, when upon the trial the plaintiff...prove a sufficient case for the jury. The dismissal in the first two sub-divisions may be made by an entry in the clerk's register. Judgment may thereupon...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866 - 802 pages
...and before the final submission of the case, the plaintiff abandons it. Fifth, By the court upon the motion of the defendant, when upon the trial the plaintiff...prove a sufficient case for the jury. The dismissal in the first two sub-divisions may be made by an entry in the clerk's register. Judgment may thereupon...
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