The Code of Civil Procedure of the State of California: Adopted March 11, 1872, and Amended in 1881 : with Notes and References to the Decisions of the Supreme Court |
Contents
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Common terms and phrases
9 Cal action or proceeding adverse party affidavit amendment amount answer appeal application appointed arrest attachment attorney bail bond cause of action certified CHAPTER city and county civil action Civil Code claim clerk CODE CIV commenced complaint Const copy costs court or judge creditor damages debts decedent defendant demurrer deposited direct discharge docket effect April 16th effect July 1st effect March 9th entitled entry evidence execution executor or administrator fact filed granted guardian hundred infra interest issue judge thereof judgment debtor jurisdiction jurors jury justice letters testamentary liability lien manner ment mortgage motion notice oath payment personal property plaintiff pleadings possession probate proof real property record recover redemptioner referee residence seal served sheriff specified statute subd SUBDIVISION summons Superior Court supra Supreme Court sureties therein tion trial undertaking unless verdict witness writ writing
Popular passages
Page 148 - ... 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.
Page 123 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants ; but, if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 155 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff...
Page 171 - ... a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Page 263 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 378 - Parties to a question in difference which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties.
Page 123 - 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 or proceeding.
Page 149 - When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counter-claim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.
Page 169 - That the plaintiff is the owner of the property claimed (particularly describing it), or is entitled to the possession thereof; 2. That the property is wrongfully detained by the defendant; 3. The alleged cause of the detention thereof, according to his best knowledge, information, and belief; 4.
Page 155 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.