The Code of Civil Procedure of the State of California, Volume 2

Front Cover
H.S. Crocker, 1872
 

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Contents

Service of summons by publication
85
Execution for delicit
86
Rules of practice
87
Same in cases of execution or attachment
88
TITLE V
89
ReŽntry on property after eviction when a contempt
92
Awarrant of attachment may issue or a notice to show cause
93
Officer must return warrant and undertaking if any
94
Illness sufficient cause for nonappearance of party arrested Confinement under arrests for contempt
95
TITLE VI
96
Application what to contain
97
Judgment roll and appeals
98
Purposes for which it may be exercised
100
What estates in land may be acquired by condemnation
103
Facts necessary to be found by Court before condemnation
104
Parties may make location May enter to make surveys
108
1243 Jurisdiction in District Court
109
Summons what to contain How issued and served
110
Court or jury to assess damages
111
The date with respect to which compensation shall be assessed and the measure thereof
112
New proceedings to cure defective title
113
Final order of condemnation what to contain When filed title vests
114
Costs may be allowed distribution thereof
115
When Title takes effect and construction of
116
Exceptions
117
If submission be revoked and an action brought what to be
129
Hearing proof of will after proof of service of notice
137
Nuncupative wills when and how admitted to probate
150
ARTICLE I
152
Order of persons entitled to administer Partner not to admin
159
ARTICLE V
168
Citation and requirements of Judge on deficient bond Addi
173
Special administrators and their powers and duties
178
On proof of will after grant of letters of administration letters
181
ARTICLE X
186
ARTICLE I
188
ARTICLE II
196
New appraisement when ordered Instead of deeding prop erty at appraised value public sale to be ordered when
206
homestead owners have all their powers and rights
211
CHAPTER VI
212
Time expressed in the notice
216
Claims to be sworn to and when allowed to bear same interest as judgments
219
Probate Judge may present claim and action thereon
222
Allowance and rejection of claims
223
Approved claims or copies to be filed Claims secured by liens may be described Lost claims
225
Rejected claims to be sued for within three months
226
Time of limitation
227
Allowance of claim in part
228
Execution not to issue after death If one is levied the prop erty may be sold
230
What judgment is not a lien on real property of estate
231
Liability of executor etc for costs
232
Executor neglecting to give notice to creditors to be removed
233
CHAPTER VII
234
Sales of personal property
237
Summary sales of mines and mining interests
240
Sales of real estate interests therein and confirmation thereof
242
and how received
256
Purchase money on sale on credit how secured
257
May file objections when and who
259
Conveyances
261
Sale may be postponed
262
Where payment of debts etc provided for by will
263
Where provision by will insufficient
264
Conditions of sale
265
Sales by executors or administrators of lands under mortgage or lien
266
The holder of the mortgage or lien may purchase the lands His receipt to the amount of his claim a valid payment
267
Fraudulent sales
268
To what cases preceding section not to apply
269
Account of sale to be returned
270
ARTICLE III
309
Liability of agent on his bond
315
CHAPTER XIII
322
Suits for property of decedents
325
Punishment for refusing to attend
326
Not to be interested in the payments for or on account of estates in his hands
327
Fees of officers when and by whom paid
328
CHAPTER XIV
329
Guardians of insane and incompetent persons
335
The powers and duties of guardians
336
The sale of property and disposition of proceeds
341
Nonresident guardians and wards
347
General and miscellaneous provisions
350
TITLE XII
354
TITLE XIII
358
PART IV
365
Definition of evidence
367
Definition of law of evidence
368
The degree of certainty required to establish facts
369
Four kinds of evidence specified
370
Secondary evidence defined
372
Direct evidence defined
375
Indirect evidence defined
376
1834 Partial evidence defined
377
Indispensable evidence defined
378
Cumulative evidence defined
379
One witness sufficient to prove a fact
380
Declarations of predecessor in title evidence
381
Declarations which are a part of the transaction
383
Declaration of decedent evidence of pedigree
384
An agreement reduced to writing deemed the whole
392
Construction of language relates to place where used
396
The intention of the Legislature or parties
397
Terms to be construed in their general acceptation
398
A written instrument construed as understood by parties
399
Construction in favor of natural right preferred
400
TITLE II
403
Witnesses
404
ARTICLE I
408
Every citizen entitled to inspect and copy public writings
410
Effect of a judgment upon rights in various cases
413
Effect of other judicial orders when conclusive
414
Where sureties bound principal is also
415
Manner of impeaching a record
416
Public record of private writing evidence
417
Justices judgment in other States how proved
418
Certificates of purchase primary evidence of ownership
419
Private writings classified
420
Execution of an instrument defined
421
Books maps etc how far evidence
422
Other witnesses may also testify
423
Copies of entries also allowed
424
Material objects presented to the senses other than writings
425
Indispensable evidence
436
Conclusive and unanswerable evidence
440
Evidence to be produced by whom
441
Manner of production
445
Affidavits and depositions how taken
446
Order of proof how regulated
454
OF EVIDENCE IN PARTICULAR CASES AND MISCELLANEOUS
461
CHAPTER I
466
KNOWLEDGE OF THE COURT
467
POLITICAL CODE
475
PRO vol ii
481
EXPRESS REPEAL OF STATUTES
487
LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANNEXED
523
PETITION NOTICE AND PROOF
550
To whom letters on proved will to issue 152
551
Probate Judge to appoint guardians when and on what petition 329
568

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Common terms and phrases

Popular passages

Page 423 - The rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the, same time...
Page 433 - A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section twenty-seven hundred and ninety-four of the Civil Code; 3.
Page 482 - States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.
Page 400 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 479 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 421 - The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate; 6.
Page 106 - In all cases where land is required for public use, the State, or its agents in charge of such use, may survey and locate the same; but it must be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject to the provisions of section twelve hundred and forty-seven.
Page 449 - A witness is allowed to refresh his memory respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing.
Page 399 - All persons, without exception, otherwise than is specified in the next two sections, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses. Therefore, neither parties nor other persons who have an interest in the event of an action or proceeding are excluded...
Page 128 - ... by the laws of the state or country, of which the decedent was a resident at the time of his death.

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