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The Code of Civil Procedure of the State of California in Four Parts
Volledige weergave - 1923
action administrator adverse possession affidavit alleged amendments amount answer appeal application appointed attorney authority brought cause of action City civil claim Clerk Code commenced complaint conferred Constitution contract County Court County of San criminal defendant demand determine direct District Court dollars duties effect election equity evidence existing fact filed follows give given ground held hold hundred intention interest issue Judge judgment judicial July June jurisdiction jurors jury Justices Legislature limited March matter ment Monday Monday of January motion necessary NOTE.-Stats notice November objection October original party person plaintiff pleading possession practice present Probate Court proceedings question record remedy respect rule San Francisco second Monday September served Sheriff statute sufficient suit summons Supreme Court taken thereof third Monday tion trial unless writ
Pagina 230 - 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.
Pagina 37 - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Pagina 40 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Pagina 568 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial ; 5 Excessive damages, appearing to have been given under the influence of passion or prejudice; 6.
Pagina 248 - 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 then order them to be brought in...
Pagina 244 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the Court...
Pagina 238 - 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 a plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Pagina 537 - In every action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases, the court may direct the jury to find a special verdict in writing, upon all or any of the issues ; and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Pagina 723 - ... during the possession of such property by the appellant, he will not commit or suffer to be committed any waste thereon...
Pagina 532 - The verdict of a jury is either general or special. A general verdict, is that by which they pronounce generally upon all or any of the issues either in favor of the plaintiff or defendant. A special verdict is that "by which the jury find the facts only, leaving the judgment to the court.