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

California

H.S. Crocker, 1872

Vista previa del libro »

Páginas seleccionadas

Índice

OF SPECIAL PROCEEDINGS OF A CIVIL NATURE	1

The review under the writ extent	4

62	18

WRIT OF PROHIBITION	25

Proceedings on contest	31

Statement of cause of contest When based on reception	37

CONFESSION OF JUDGMENT WITHOUT ACTION	40

CHAPTER III	46

Discovery of property 816	316

Citation how issued	318

Rules of practice generally	319

Court to appoint attorney for minor or absent heirs devisees legatees or creditors when and what compensation he is to receive	320

Decree relative to homestead and effect thereof	321

Executor administrator or guardian to be removed when com mitted for contempt and another appointed	322

Duty of persons in whose house any stranger dies	324

Must return inventory and administer estates according to this Title	325

Parties defendant	48

TITLE IV	76

CHAPTER III	87

TITLE VII	98

Costs may be allowed distribution thereof	115

OF ESCHEATED ESTATES	117

If submission be revoked and an action brought what to be	129

Hearing proof of will after proof of service of notice	132

MATERIAL OBJECTS PRESENTED ΤΟ THE SENSES OTHER THAN	137

ARTICLE II	139

ARTICLE IV	146

Nuncupative wills when and how admitted to probate	150

Of executors and administrators their letters bonds remov	152

Construction	156

Order of persons entitled to administer Partner not to admin	159

ARTICLE V	168

Special administrators and their powers and duties	178

All acts of executor etc valid until his power is revoked	183

Transfer not to change right to administer Retransfer	185

Of the inventory and collection of the effects of decedents	188

ARTICLE II	196

Instead of dividing the homestead who may take a deed	206

New appraisement when ordered Instead of deeding prop erty at appraised value public sale to be ordered when	210

Costs to whom chargeable Persons succeeding to rights of homestead owners have all their powers and rights	211

Of claims against the estate	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 992	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

Trial by referee how confirmed and its effect	232

Claims of executor etc against estate 222	233

Of sales and conveyance of property to decedents	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

May compound	277

Of the conveyance of real estate by executors and adminis	278

888	284

To render an exhibit of receipts and disbursements and claims	286

Of the partition distribution and final settlement of estates	303

are paid	309

Liability of agent on his bond	315

CHAPTER XIV	329

ARTICLE II	335

ARTICLE IV	341

Guardians of nonresident persons	347

TITLE XII	354

TITLE XIII	358

PART IV	363

GENERAL DEFINITIONS AND DIVISIONS SECTION 1823 Definition of evidence	365

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

Partial evidence defined	377

Indispensable evidence defined	378

Cumulative evidence defined	379

Testimony to be in presence of persons affected	380

Declarations of predecessor in title evidence	381

Written words control those printed in a blank form	398

A written instrument construed as understood by parties	399

Construction in favor of natural right preferred	400

CHAPTER I	403

Witnesses	404

Writings	408

Effect of a judgment upon rights in various cases	410

Effect of other judicial orders when conclusive	414

OF JURISDICTION	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

Manner of making it	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

CHAPTER II	441

Manner of production	445

Affidavits and depositions how taken	446

94	451

Order of proof how regulated	453

OF EVIDENCE IN PARTICULAR CASES AND MISCELLANEOUS	461

KNOWLEDGE OF THE COURT	467

POLITICAL CODE	475

Conflicts between Titles which to prevail	478

Judgment and orders in such cases final	486

LETTERS TESTAMENTARY AND OF ADMINISTRATION WITH THE WILL ANNEXED	523

Statement of cause of contest want of form not to vitiate	527

Confession of judgment without action	548

Pending proceedings not affected	549

PETITION NOTICE AND proof	550

To whom letters on proved will to issue 152	551

If property is common or separate Court to cause appraisement	554

Rules of practice	591

Exceptions	621

Pro vol ii	630

Otras ediciones - Ver todo

The Code of Civil Procedure of the State of California, Volumen 2
California
Vista completa - 1874

Code of Civil Procedure
California,Frank Prentiss Deering,California Supreme Court
No hay ninguna vista previa disponible - 2018

Code of Civil Procedure
California,Frank Prentiss Deering
No hay ninguna vista previa disponible - 2015

Ver todo »

Términos y frases comunes

9 Cal action adminis admissible affidavit alleged allowed appear application appointed appraisers arbitrators ARTICLE authority award bond certified Chapter citation Civil Code CIVIL PROCEDURE claim Clerk common law contest copy Court or Judge Court say creditors debts decedent declaration decree defendant deposition detainer discharge District Court eminent domain entitled evidence execution executor or administrator fact filed forcible entry granted guardian hearing heirs held homestead inventory issued istrator judgment jurisdiction jury land letters of administration letters testamentary lien matter ment mortgage necessary note to Sec NOTE.-See note NOTE.-See Sec NOTE.-Stats notice oath order of sale party payment personal property petition plaintiff possession preceding section Probate Court Probate Judge proceedings proof proved provisions question real estate real property record render rule settlement Stats statute Subd sufficient term testimony therein thereof tion trator trial unlawful detainer unless ward witness writ writing

Pasajes populares

Página 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...‎

Aparece en 548 libros entre 1829 y 2005

Página 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.‎

Aparece en 309 libros entre 1790 y 2007

Página 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.‎

Aparece en 317 libros entre 1758 y 2004

Página 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.‎

Aparece en 350 libros entre 1792 y 2006

Página 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.‎

Aparece en 228 libros entre 1850 y 2007

Página 421 - The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate; 6.‎

Aparece en 167 libros entre 1850 y 2006

Página 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.‎

Aparece en 214 libros entre 1872 y 1999

Página 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.‎

Aparece en 116 libros entre 1859 y 1994

Página 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...‎

Aparece en 121 libros entre 1850 y 1998

Página 128 - ... by the laws of the state or country, of which the decedent was a resident at the time of his death.‎

Aparece en 215 libros entre 1803 y 1992

Información bibliográfica

Título	The Code of Civil Procedure of the State of California, Volumen 2 The Code of Civil Procedure of the State of California, John Chilton Burch
Autor	California
Editor	Creed Haymond
Editor	H.S. Crocker, 1872

Exportar cita	BiBTeX EndNote RefMan

Acerca de Google Libros - Política de Privacidad - Términos del Servicio - Información para editores - Notificar un problema - Ayuda - Página principal de Google