The Codes of California as Amended and in Force at the Close of the Thirty-eighth Session of the Legislature, 1909, Volume 3Bender-Moss Company, 1909 |
Contents
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Common terms and phrases
526 and note act held unconstitutional Act March adverse party adverse possession affidavit amended April amended by Code amended March 24 annotation answer appeal applied in action appointed attachment attorney bill of exceptions C. C. P. pt Cent city and county civil actions claim clerk Code Amdts Code Commission commenced complaint construed and applied corporation correct citation damages defendant demurrer docket effect Enacted March 11 Encyc erroneously cited execution exempt filed foreclosure History injunction judge judgment debtor jurisdiction jurors jury justice Kerr's Cyc Kerr's Stats levy lien March 9 ment mortgage motion note pars notice personal property plaintiff plea pleaded Prac Practice Act probate purchaser quiet title re-enactment real property referred served sheriff strued subd summons superior court supreme court sureties sustained therein thereof tice Act tion trial undertaking verdict writ
Popular passages
Page 333 - The Court may, at any time, in furtherance of justice, and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 45 - 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...
Page 216 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without, joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 329 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the pleading to be amended, upon such terms as may be just.
Page 24 - 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...
Page 223 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Page 20 - September, the twenty-fifth day of December, every day on which an election is held throughout the state, and every day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving or holiday.
Page 241 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 449 - In other actions, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted, the clerk must enter the default o'f the defendant: and thereafter the plaintiff may apply at the first or any subsequent term of the court for the relief demanded In the complaint.
Page 232 - In case of the death or any disability of a party, the court, on motion, may allow th'e action to be continued by or against his representative or successor in interest.