The Code of Civil Procedure of the State of California

Front Cover
T.A. Springer, State Printer, 1872 - 768 pages
 

Contents

Limitations shall continue to run
7
Joint authority
8
Statutes etc inconsistent with Code repealed
10
Members of the Court
17
CHAPTER VI
35
TITLE XI
36
Territorial extent of civil jurisdiction
40
PARTICULAR PROVISIONS RESPECTING THE PLACES OF HOLDING THE COURTS
43
CHAPTER I
49
The several Courts of this State 195 15
55
Jury to be drawn upon the order of the Judge
60
How appointed and duty
69
OF OTHER PERSONS INVESTED WITH SUCH POWERS
71
Receivers and guardians
77
CHAPTER III
87
Exception as to persons under disabilities
91
Father etc may sue for seduction of daughter
97
TITLE IV
101
TITLE VI
111
CHAPTER II
112
CHAPTER VI
117
What not to be deemed a variance
121
rights
123
TITLE VII
124
defendant
126
Arrest how made
127
them
128
Juification of bail
129
Payment of money into Court by Sheriff
130
98
131
Undertaking on attachment
138
CHAPTER III
153
Formation of jury
155
When and how trial by jury may be waived
163
New trial defined
169
TITLE IX
176
Same
178
Money judgments and others how enforced
179
Execution after five years
180
When property is claimed by a third party how the right of property is tried
181
Writ how executed
184
Selling without notice what penalty attached
185
If purchaser refuses to pay purchase money what proceedings
186
Real property when absolute sale or not In the latter case what the certificate must contain
187
When it may be redeemed and redemption money
188
In cases of redemption to whom the judgments are to be made
189
Rents and profits
190
to be revived Petition for the purpose how and by whom made
191
PROCEEDINGS SUPPLEMENTARY TO THE EXECUTION
192
Measure of damages in certain cases under the last section
198
Partition must be made according to the rights of the parties
201
Abstract of title
202
as determined by the Court
206
The Court may set aside or affirm report and enter judgment thereon Upon whom judgment to be conclusive
207
A lien on an undivided interest of any party is a charge only on the share assigned to such party
208
Proceeds of sale disposition of
209
Referees may take securities for purchase money
210
Terms of sale must be made known at the time Lots must be sold separately
211
Conveyances must be recorded and will be a bar against parties
212
Duties of the Clerk making investments
213
A guardian may consent to partition without action and exe cute releases
214
Apportionment of counsel fees and expenses
215
CHAPTER VI
219
OF PROCEEDINGS IN JUSTICES COURTS CHAPTER I Place of trial of actions in Justices Courts
224
Manner of commencing actions in Justices Courts
227
Pleadings in Justices Courts
231
Provisional remedies in Justices Courts
233
Judgment by default in Justices Courts
237
Time of trial and postponements in Justices Courts
238
Trials in Justices Courts
240
Judgments other than by default in Justices Courts
242
Executions from Justices Courts
245
Contempts in Justices Courts
246
Dockets of Justices
248
General provisions relating to Justices Courts
251
CHAPTER I
253
Appeal from a judgment directing the execution of a convey
257
Appeals from District Courts
261
CHAPTER I
267
CHAPTER II
269
A party may demand inspection and copy of a book paper etc
270
Costs in action by or against an administrator etc
275
PRELIMINARY PROVISIONS
287
If the applicant succeed he may have damages costs and
290
TITLE II
296
Oath to be administered
303
Order of discharge
304
If not discharged prisoner may again apply when
305
CHAPTER IV
306
Parties defendant
308
Summons form and service of
309
Judgment by default
310
Illness sufficient cause for nonappearance of party arrested Confinement under arrests for contempt
323
Filing application and publication of notice
324
TITLE VII
325
Facts necessary to be found by Court before condemnation
328
The complaint and its contents
329
Court shall have jurisdiction to regulate the mode of making crossings or of enjoying a common use
330
TITLE IX
337
Majority of arbitrators may determine any question They
338
OF THE HOMESTEAD
341
OF ACCOUNTS RENDERED BY EXECUTORS AND ADMINISTRATORS
342
Probate of foreign wills
343
CHAPTER IV
348
The probate may be contested within one year
350
LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANNEXED
354
eCo C
358
ARTICLE IV
360
Revocation of letters of administration
362
ARTICLE VI
363
be recorded
364
Conditions of bonds
365
Right ceases when
366
82
367
86
368
WILLS FOUND AFTER LETTERS OF ADMINISTRATION GRANTED AND MISCELLA
370
Of the inventory and collection of the effects of decedents
376
CHAPTER V
382
Tenants in common etc may sever in bringing or defending
384
When all property to go to children
385
Claims in action pending at time of decease
390
CHAPTER VII
399
Order to show cause how made and on what notice
402
Further proceedings to conform to Articles II and IV
404
refer
405
Order to persons interested to appear
406
Hearing after proof of service Presentation of claims
407
What the order of sale must contain May be at public or pri vate sale
408
To deliver copy of order to executor
409
Private sale of real estate how made and notice Bids when and how received
410
Purchase money on sale on credit how secured
411
May file objections when and who
412
Order of confirmation what to state
413
Where payment of debts etc provided for by will
414
Contribution among legatees
415
Executor to assign contract
416
Limitation of actions for vacating sale etc
417
To what cases preceding section not to apply
418
Executors may sue and be sued for recovery of property
419
Surviving partner to settle up business Interest therein to be appraised Account to be rendered
420
Recovery of property fraudulently disposed of by testator
421
CHAPTER IX
422
Execution of conveyance and record thereof how enforced
423
Effect of recording a copy of the decree
424
Liabilities and compensation of executors and administrators
425
Order in which debts to be paid
432
Decree to be made only after notice
438
CHAPTER XII
447
Personal notice given by citation
448
Rules of practice generally
449
Court to appoint attorney for minor or absent heirs devisees legatees or creditors when and what compensation he is to receive
450
Costs by whom paid in certain cases
451
Must return inventory and administer estates according to this Title
453
Order to examine party charged with embezzling estate
454
When there are no heirs or claimants moneys and effects paid to County Treasurer etc
455
MISCELLANEOUS
456
OFFICERS
492
OF JURISDICTION
502
CHAPTER II
519
Powers of Congress
554
Taxes duties etc Common defense and general welfare
559
To regulate commerce
560
To make laws necessary to carry powers into effect
561
Titles of nobility Presents etc
562
Electors
563
Manner of choosing President by Electors
564
Oath
565
M
571
No person to be held to answer for certain crimes except on
573
ARTICLE I
581
No soldier to be billeted etc 573
594
Action in what township or city may be commenced 225
624
Members of the Court 16
646
Actions how commenced 228
651
Election and term of Assemblymen 588
661
Subsequent applications for orders when prohibited
662
86
681
The holder of the mortgage or lien may purchase the lands His receipt to the amount of his claim a valid payment 417
684
Where party to whom conveyance to be made is dead 424
685
TITLE
711
Same 230
715
ខ ទ
741
Of jurors
752
Summons limitation upon time of service 230
755

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