The Code of Civil Procedure of the State of California, Adopted March 11th, 1872, and Amended in 1881: With Notes and References to the Decisions of the Supreme Court |
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Page 44
... appeal , and necessary to the final determination of the case . Its judgment in appealed cases shall be remitted to the court from which the appeal was taken . Affirming judgment - see sec . 955 ; 15 Cal . 324 ; 16 Cal . 207 ; 24 Cal ...
... appeal , and necessary to the final determination of the case . Its judgment in appealed cases shall be remitted to the court from which the appeal was taken . Affirming judgment - see sec . 955 ; 15 Cal . 324 ; 16 Cal . 207 ; 24 Cal ...
Page 45
... APPEAL . Evidence - conflicting , see sec . 657 , subd . 6 . Excess - in judgment , remitting , 12 Cal . 479 ; 14 Cal . 419 ; 16 Cal . 434 ; 17 Cal . 618 ; 25 Cal . 187 ; 29 Cal . 165 ; 46 Cal . 205. See also , note to sec . 657 , subd ...
... APPEAL . Evidence - conflicting , see sec . 657 , subd . 6 . Excess - in judgment , remitting , 12 Cal . 479 ; 14 Cal . 419 ; 16 Cal . 434 ; 17 Cal . 618 ; 25 Cal . 187 ; 29 Cal . 165 ; 46 Cal . 205. See also , note to sec . 657 , subd ...
Page 46
... appeal - 45 Cal . 18 . Reversing judgment — 1 Cal . 359 , 479 ; 7 Cal . 443 , 447 ; 9 Cal . 16 ; 10 Cal . 545 ; 11 Cal . 258 ; 14 Cal . 248 ; 15 Cal . 286 ; 20 Cal . 522 ; 23 Cal . 478 , 549 ; 25 Cal . 174 ; 28 Cal . 20 ; 30 Cal . 462 ...
... appeal - 45 Cal . 18 . Reversing judgment — 1 Cal . 359 , 479 ; 7 Cal . 443 , 447 ; 9 Cal . 16 ; 10 Cal . 545 ; 11 Cal . 258 ; 14 Cal . 248 ; 15 Cal . 286 ; 20 Cal . 522 ; 23 Cal . 478 , 549 ; 25 Cal . 174 ; 28 Cal . 20 ; 30 Cal . 462 ...
Page 47
... appeal transferred to the Supreme Court , its judgments shall be remitted to the Superior Courts of the counties , or cities and counties , from which the appeals were taken respectively , with the same force and effect as if said cases ...
... appeal transferred to the Supreme Court , its judgments shall be remitted to the Superior Courts of the counties , or cities and counties , from which the appeals were taken respectively , with the same force and effect as if said cases ...
Page 53
... Appeals to Superior Courts - see secs . 974-980 . § 78. The process of the Superior Courts shall extend to all parts ... appeals lodged , deposited , or pending in the District Court or Courts , County Court , Probate Court , Municipal ...
... Appeals to Superior Courts - see secs . 974-980 . § 78. The process of the Superior Courts shall extend to all parts ... appeals lodged , deposited , or pending in the District Court or Courts , County Court , Probate Court , Municipal ...
Other editions - View all
The Code of Civil Procedure of the State of California, Adopted March 11th ... Nathan Newmark No preview available - 2017 |
The Code of Civil Procedure of the State of California, Adopted March 11th ... Nathan Newmark No preview available - 2016 |
Common terms and phrases
9 Cal action or proceeding adverse party affidavit amount answer appeal application appointed arrest assignment attachment attorney bond cause of action certified CHAPTER city and county civil action Civil Code claim clerk CODE CIV commenced complaint Const conveyance copy costs court or judge creditor debtor debts decedent defendant demurrer deposited discharge docket effect April 16th effect July 1st effect March entitled evidence execution executor or administrator fact filed granted guardian infra insolvent interest issue judge thereof judgment judgment debtor jurisdiction jurors jury justice letters of administration letters testamentary liability lien manner ment mortgage motion notice oath payment personal property petition plaintiff pleadings possession probate proof real estate real property record referee residence seal served sheriff specified statute subd SUBDIVISION summons Superior Court supra sureties therein tion trial undertaking verdict witness writ writing
Popular passages
Page 168 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, 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 106 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which...
Page 158 - 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 273 - 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 589 - ... be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other...
Page 46 - The court shall also have power to issue writs of mandamus, certiorari, prohibition and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any Superior Court in the State, or before any Judge thereof.
Page 43 - 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...
Page 220 - by which the jury find the facts only, leaving the judgment to the court. It must present the conclusions of fact as established by the evidence, and not the evidence to prove them, and those conclusions of fact must be so presented, as that nothing remains to the court but to draw from them conclusions of law.
Page 416 - When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily ; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed.
Page 133 - 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...