A Treatise on New Trial and Appellate Practice: Presenting and Illustrating the Laws and Rules of Practice in Proceedings Subsequent to Decisions by Trial Courts, Including Final Disposition in Appellate Court, with Special Reference to the Code and Statutes of California, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming, and the Territories of Arizona and New Mexico, Том 2
Bancroft-Whitney, 1903 - 1754 страници
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26 Mont action adverse party affidavits affirmed alleged amendments appellate court application attorney authority bill of exceptions California cause certificate cited Civil Procedure clerk Code Civ Code of Civil complaint constitution counsel court of equity decision decree defendant demurrer effect entered entitled entry equity error Estate evidence failure filed final judgment ground hearing held Idaho insufficient issues judgment-roll jury justice lower court matter ment motion to dismiss North Dakota notice of appeal objection opinion order denying peal plaintiff pleadings Practice Act presented probative facts Proc proceeding proper proposed statement provision question reason record reference refusing rehearing relief remittitur rendered respondent reversal rule served settled settlement specification statement on motion statement or bill statute statutory stipulation sufficient superior court supreme court sureties taken thereof tion transcript trial court undertaking Utah verdict waived Wash writ
Страница 1547 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Страница 1242 - The verdict of a jury is either general or special. A general verdict, is that by which they pronounce generally upon all or any of the issues either in favor of the plaintiff or defendant. A special verdict is that "by which the jury find the facts only, leaving the judgment to the court.
Страница 969 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
Страница 1008 - The Superior Court shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine...
Страница 1103 - ... a memorandum of the items of his costs and necessary disbursements in the action or proceeding, which memorandum must be verified by the oath of the party, or his attorney or agent, or by the clerk of his attorney, stating that to the best of his knowledge and belief the items are correct, and that the disbursements have been necessarily incurred in the action or proceeding.
Страница 1196 - ... to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, not exceeding three hundred dollars...
Страница 1022 - ... jurisdiction, if the course of proceeding be not specifically pointed out by this code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.— Code amend.— 1880:43.
Страница 1215 - Whenever an appeal is perfected as provided in the preceding sections of this chapter, it stays all further proceedings in the court below upon the judgment or order appealed from...
Страница 1590 - The Chief Justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the Court to be heard and decided by the Court in bank. The order may be made before or after judgment pronounced by a department ; but where a cause has been allotted to one of the departments, and a judgment pronounced thereon, the order must be made within thirty days after such judgment...
Страница 1009 - ... from the time of filing such pleadings or transcript with the clerk, the superior court shall have over the action the same jurisdiction as if it had been commenced therein; provided, that in cases of forcible entry and detainer, of which justices' courts have jurisdiction, any evidence, otherwise competent, may be given, and any question properly involved therein may be determined.