« PreviousContinue »
day of February, June and October. In the county of Amador, on the third Monday of February, June and October. In the county of Tuolumne, on the first Monday of March, July and November. In the county of Stanislaus, on the fourth Monday of March, July and November. In the county of San Joaquin, on the first Monday of April, August and December, and on the first Monday of January.-[Act March 14, 1856.
ART. 725. 6. In the sixth district, on the first Monday of February, April, June, August, October and December.-[Act May 4, 1855.
ART. 726. 7. In the seventh district, in the county of Contra Costa, on the first Tuesday of March, June, September and December. In the county of Marin, on the fourth Tuesday of April, July and November. In the county of Napa, on the third Tuesday of February, May and August, and on the second Tuesday of November. In the county of Solano, on the third Tuesday of March, June, September and December. In the county of Sonoma, on the first Tuesday of February, May and August, and on the fourth Tuesday of October.-[Act Feb. 28, 1856.
ART. 727. 8. In the eighth district, in the county of Del Norte, on the first Monday of May, August and November. In the county of Humboldt, on the first Monday in the months of March, June and September. And in the county of Klamath, on the first Mondays in April, July and October.-[Act March 31,
ART. 728. 9. In the ninth district, in the county of Shasta, on the third Monday in January and September. In the county of Siskiyou, on the first Monday in March, July and November. In the county of Trinity, on the second Monday in April, August and December.-[Act March 31, 1857.
ART. 729. 10. In the tenth district, in the county of Yuba, on the third Monday of January, April, August and November. In the county of Sutter, on the first Monday of March, June, October and December.-[Act March 8, 1856.
ART. 730. 11. In the eleventh district, in the county of El Dorado, on the fourth Monday in January, on the second Monday in May, and on the third Monday in August and November. In the county of Placer, on the second Monday of January, and on the third Monday of April, July and October. In the county of Yolo, on the third Monday in March, on the first Monday in August, and on the third Monday in December.-[Act May 4, 1855.
ART. 731. 12. In the twelfth district, in the city and county of San Francisco, on the first Monday of January, March, May, July, September and November, in each year. In the county of San Mateo, on the third Monday of April, August and December.-[Acts April 9 and 29, 1857.
ART. 732. 13. In the thirteenth district, in the county of Merced, on the first Mondays of February, June and October of each year. In the county of Stanislaus, on the second Monday of February, June and October of each year. In the county of Mariposa, on the third Monday of February, June and October of each year. In the county of Tulare, on the first Monday of March, July and November of each year. In the county of Frezno, on the second Monday of March, July and November of each year.-[Act Feb. 6, 1857.
ART. 733. 14. In the fourteenth district, in the county of Nevada, on the third Monday of May, first Mondays of August and October, and second Monday of December of each year. In the county of Sierra, on the first Monday of April, July, September and November of each year.-[Act April 9, 1857.
ART. 734. 15. In the fifteenth district, in the county of Colusi, on the fourth Mondays of December and May, and the second Monday of August. In the county of Tehama, on the first Monday of February, June and September. In the County of Butte, on the second Monday of January and May, and fourth Monday of August and second Monday of November. In the county of Plumas, on the second Mondays of April, July and October.-[Act March 31, 1857.
1. JUSTICES of the peace, alone, have power, under the acts of congress, to try and commit deserted seamen. The commissioners of the United States courts can only arrest and commit for trial. Crandall's Case, 2 Cal. 144. 2. None other than duties of a judicial character can be imposed on county courts or judges. Tuolumne Co. v. Stanislaus Co. Oct. T. 1856; Burgoyne v. Supervisors, Etc. 5 Cal. 9; id. Oct. T. 1856.
3. The county judge may issue an injunction against a bill filed in the district court, but his act is auxiliary to the action of the district court, and must have the same force and efficacy as if it were the direct act of the latter court. Crandal v. Woods, Oct. T. 1856.
4. A judgment rendered without jurisdiction may be attacked, either directly or collaterally, but where there is only irregularity in procuring jurisdiction, the judgment can only be attacked by a direct proceeding, in the court where rendered, or on appeal. Whitwell v. Barbier, Jan. T. 1857.
5. As to judgments of courts of inferior jurisdiction, the rule is different, nothing being implied in favor of their jurisdiction. Id.
6. It is error in a justice of the peace to refuse to allow defendant in suit for a mining claim to prove the value thereof to be over two hundred dollars. Freeman v. Powers, Jan. T. 1857.
7. A justice of the peace has jurisdiction to grant appeals and stay proceedings, nor can such action be reviewed on certiorari. Coulter r. Stark, Jan. T. 1857.
8. A mere obiter dictum is not authority. Haight v. Joice, 2 Cal. 64.
Jurisdiction-People v. Gillespie, 1 Cal. 342; Stevens v. Ross, 1 Cal. 94; Woods v. Barrett, July T., 1855. Judicial notice-People v. Smith, 1 Cal. 9; Ross v. Austill, 2 Cal. 183; Thorne v. San Francisco, 4 Cal. 127; Irwin v. Phillips, 5 Cal. 140. Stare decisis-Cohas v. Raisin, 3 Cal. 443. Submission-Greeseka v. Brannan, 2 Cal. 517. See Civil Practice, Constitutional Construction.
XXIII.-COURTS OF JUSTICE-CIVIL PRACTICE.
735. Common law of England adopted as rule of decision.
II-FORM OF ACTION, PARTIES, PLEADINGS, EVIDENCE, TRIAL, JUDGMENT, EXECUTION, ETC. 1. Form of Action and Parties.
755. Actions to be tried where subject matter is situated | 757. Actions to be tried where parties reside. 756. Actions to be tried where cause of action arose.
758. Changing place of trial.
773. Pleadings, defined; rules of; by plaintiff and de- 784. Demurrer to; sham pleading. fendant.
774. Complaint, what to contain.
775. Demurrer to.
777. Same; amending.
778. Objections to, by answer.
779. Waiver of objections to.
780. Answer, what to contain. 781. Counter claim.
782. Cross demand.
783. Several defenses may be set up.
785. Pleadings to be subscribed and verified.
786. Verification, when it may be omitted.
787. Genuineness of written instrument, when admitted.
789. Manner of verifying pleadings.
790. Items of account need not be set forth.
791. Irrelevant or redundant matter to be stricken
792. Complaint to recover real property.
793. Judgment, how pleaded.
812. Order to be delivered to sheriff; duty of sheriff on 848. After answer.
813. Order, how executed.
814. How defendant may be discharged.
815. Bail, how given.
816. Surrender in discharge of.
817. May arrest defendant.
818. Judgment against.
819. How exonerated.
820. Proceedings after arrest.
821. Notice of justification of bail.
822. Qualifications of bail.
823. How bail to justify.
824. Allowance of bail.
825. Deposit in lieu of bail.
826. Disposition of deposit.
827. Bail after deposit.
828. Application of deposit after judgment.
829. Liability of sheriff as bail.
830. Judgment against sheriff.
831. Vacating order of arrest and reducing amount of 867. Same. bail.
Claim and delivery of personal property833. When claim may be made.
834. Affidavit to obtain order for delivery.
835. Order for delivery.
836. Proceedings on.
837. Sureties, excepting to.
838. Defendant may require return.
839. Justification of defendant's sureties.
840. Qualification of sureties.
841. Property concealed.
842. Sheriff to keep property.
868. Proceedings when execution is returned unsatisfied.
869. Proceedings where defendant recovers judgment. 870. Discharge of attachment, when may be made.
871. Undertaking of defendant.
872. Motion to discharge as improperly issued.
875. Return of sheriff.
876. When court may order property to be sold.
Deposit in Court
877. Court may order subject matter of action to be deposited in court.
843. Proceedings where property claimed by third party. 878. Appointment of receiver.
902. Proceeding when jury discharged without ver- 922. Report of referees.
903. Court may adjourn during absence of jury; sealed verdict may be directed; final adjournment, dis
904. Verdict, how given.
905. Verdict may be corrected.
923. Exception, defined. 924. How taken.
926. When implied.
927. New trial, defined.
928. For what causes granted.
906. Verdict, how recorded; juror disagreeing to, jury 929. When application to be made on affidavit.
943. Execution may issue on judgment any time with- 961. Certificate of sale, etc.
959. Proceedings to enforce payment of loss on resale. 978. Court may order cross action in certain case. 900. Amount for which officer liable,
979. Penalty for disobedience of order of referee.
Action for usurpation of office
1044. Action to be brought by attorney-general.
1017. Proceeds of sale of encumbered property, how 1045. Complaint, what to state; defendant may be ar
1018. Where there are other securities for lien.
1019. Proceeds of sale and securities to be distributed under direction of court.
1020. Determination of conflicting claims of parties. 1021. Sales, how made.
1046. Judgment, how rendered.
1047. When person alleged to be entitled may enter
1048. Damages recoverable.
1049. Rights of several may be tried in one action. 1050. Judgment when defendant has intruded into office Action against vessels, etc.
1024. How tenant for life or years may receive satisfac- 1051. Vessels, etc. for what liable. tion for estates sold.
1027. Contingent future right or estate, how settled. 1028. Terms and mode of sale.
1029. Certain parties not to be interested in purchase. 1030. Report of sale.
1031. Order to execute conveyances, etc.
1052. Action against.
1056. Requisites to issuance.
1058. How executed.
1059. Answer of defendant.
1032. Where party entitled to share in property be- 1060. Proceedings how conducted.
comes a purchaser.
1033. Conveyances, where recorded and effect.
1061. Discharge of attachment.
1062. Sale of vessel, etc. and application of proceeds.
1034. Disposition of proceeds of sale where an un- 1063. Seaman's wages, how secured. known owner is interested.
1065. Notice of sale, what to contain.
1087. Appeal perfected, stays all further proceedings. 1088. Undertaking may be in one or several instru
1089. Justification of sureties necessary.
1090. Appeal, how perfected in other cases not provided for..
1072. Statement, how annexed to record; what to con- 1091. Hearing of appeal.
1073. Waiver of.
1074. Time may be enlarged.
1075. How certified.
1076. To be annexed to judgment roll.
1092. Judgment on appeal.
1094. Decisions on appeal to be in writing.
Appeal to supreme court from county court1095. In what cases taken.
1077. Certain provisions not applicable to appeals from 1096. Security, how given.