Code of Law, Practice and Forms: For Justices' and Other Inferior Courts in the Western States, Volume 1

Capa
Bender-Moss, 1912 - 1932 páginas
 

Índice

ColoradoGarnishee refusing delivery may be attachedJudgment Execution
cxxvii
Failure of affidavit to state amount of indebtedness ground
cxxix
Debts attachment
cxxx
CHAPTER LXXIV
cxxxvi
Assignment is without prejudice to existing defense
cxxxvii
ORIGIN AND DEVELOPMENT 1 Origin of justices courts 2 Development of justices courts in the United States
1
CHAPTER II
3
SUPERIOR COURT PROVISIONS
7
Number how determined 27 Number in cities and counties 28 Number in cities of first and onehalf second second and onehalf third and fourth clas...
13
3165 Defendant to be discharged when judgment givenIn what cases 3166 OregonJudgment of acquittalDischargeEntry 3167 OregonCertified cop...
16
WashingtonCity prisoners sentenced by justice of peace to work When
17
CHAPTER IV
19
CHAPTER V
29
CHAPTER VI
32
CHAPTER VII
33
CHAPTER VIII
35
UtahMagistrate may admit to bailForm 3309 OregonUndertaking on bailForm 3310 Undertaking on appealBail fixed by magistrateForm 3311 Affi...
41
CHAPTER IX
42
WashingtonBuying demand or promising reward by justice or con stable 148 WashingtonSolemnizing unlawful marriage 149 ColoradoBribery of j...
43
Duty to communicate information to client
48
RULE OF DECISION 1665 Rule of decision
68
CHAPTER X
69
CHAPTER XI
73
CHAPTER XII
76
Jurisdiction of justices courts
78
ARTICLE II
80
History of claim and delivery in replevin
84
WHERE TITLE RIGHT TO POSSESSION OR ILLEGALITY OF TAX INVOLVED 225 Jurisdiction involving title 226 SameMining claim 227 A...
87
ARTICLE IV
94
Same 252 Objection to jurisdictionHow made 253 Objecting to jurisdictionOrder of trial
95
ARTICLE V
96
Criminal jurisdictionJustices courts
98
ARTICLE VII
99
ARTICLE VIII
102
Misdemeanor defined
103
ARTICLE IX
107
PURPOSE OF ATTACHMENT
108
ARTICLE X
110
CHAPTER XIII
111
CHAPTER XIV
113
Duty of officer on payment of fine 3176 Disposition of fines 3177 Disposition of fines 3178 Fines and forfeitures where paid
117
Writ of restitutionForm
122
CHAPTER XV
123
CHAPTER XVI
133
SamePowers and duties of recorder 380 SameCompensation 381 SameDisqualification
134
Attachment of property standing on the records in the name
145
CHAPTER XVII
149
CHAPTER XVIII
153
CHAPTER XIX
156
SameDisabilities 440 SameAuthority of judge 441 SameClerk 442 SameProsecuting attorney 443 SameFines and moneys collected 444 SameOffic...
157
NevadaWrit of restitutionForm 2938 WashingtonWrit of restitution in forcible entry and detainer Form
169
CHAPTER LXXIII
180
CHAPTER XX
185
CHAPTER XXI
193
CHAPTER XXII
195
Return of money deposited on surrender of defendant 3325 Forfeiture of bail 3326 Action against bail on forfeiture 3327 Deposit of moneyWhen f...
197
CHAPTER XXIII
199
CHAPTER XXIV
200
Within six months 528 Within six monthsActions against county on rejected claims 529 Actions for relief not otherwise provided for 530 Action o...
203
Money or property deposited 533 Thirty daysActions under local improvement act of 1901
204
CHAPTER XXV
207
CHAPTER XXVI
210
2644
211
CHAPTER XXVII
214
ARTICLE II
220
Same
224
ARTICLE III
227
CHAPTER XXVIII
230
Complaint must accompany summons 647 When summons served outside of county 648 Where service outside of county certificate required 649 ...
231
WAIVER OF ISSUANCE OF SUMMONS 715 Issuance of summons how waived 716 Waiver of issuance of summons when may be made 717 Iss...
232
Court may withdraw summons instead of issuing alias summons 733 When court acquires jurisdiction 734 WashingtonJurisdiction when acquired
233
OregonSummons how issued signed and directed what to contain 625 OregonSummonsForm
239
UtahSummonsForm 627 WashingtonAction by summons how commencedForm
240
Service of papersIn general
252
CHAPTER XXIX
278
CHAPTER XXX
283
CHAPTER XXXI
285
CHAPTER XXXII
287
CHAPTER XXXIII
290
Manner of pleading
297
VOLUME II
302
OregonPleadings forms and sufficiency of rules in courts of record apply
303
CHAPTER XXXIV
304
CHAPTER XXXV
306
CHAPTER XXXVI
308
SameJustices clerkOath and bond
311
SameJustices clerkDeputies for whose acts he shall be responsible
312
CHAPTER XXXVIII
315
ComplaintFor breach of promise by purchaser of goodwill not to carry on rival tradeForm 872 ComplaintOn an express contract for rentForm 873 ...
316
ComplaintOn a foreign judgment of a court of general jurisdiction Form 909 ComplaintOn a foreign judgment of an inferior tribunalForm 910 Co...
317
ComplaintAgainst a railroad for killing cattleForm 945 ComplaintAgainst a municipal corporation for injuries caused by leaving the street in an inse...
318
Complaint on promissory note by executorForm 983 Complaint on promissory note against administratorForm 984 Complaint by guardian of insan...
319
Arrest in civil action when not allowed 2376 OregonProvisional remedies as in courts of record 2377 OregonProvisions of Code of Civil Procedure ...
351
What property liable to attachment
355
CHAPTER XXXIX
401
Demurrer for misjoinder of causes of action when insufficient 1028 Causes not separately stated 1029 Objection to uncertainty goes to what 1030 G...
402
ARTICLE II
415
PROCEEDINGS ON DEMURRER 1046 Proceedings on demurrer 1047 Notice of sustaining demurrerForm 1048 Order overruling demurrerForm
418
ARTICLE IV
419
CHAPTER XL
420
SameProsecuting attorney
425
CHAPTER XLII
430
CHAPTER XLIII
432
CHAPTER XLIV
433
New matterDeemed controverted 1112 New matterBurden of proof 1113 New matterBurden of proof where allegation negative 1114 Answer by i...
434
Police courts in cities of the third class
451
SameJurisdiction
452
SameRules of practice
453
SamePowers and duties of police judge
454
SameDisqualification
455
SameClerk
456
Police court in cities of the fourth class
457
SameJurisdiction
458
SamePowers of judge
459
SameDocket
460
SameAppeals
461
SameDuties of city attorney and district attorney
462
SamePower in relation to sentences
463
SameSeal
464
SameReport to council
465
Same Salaries
466
SameDuty of police
467
468 SamePolice jurisdiction of justices of the peace
468
SameDisqualification of jurors
469
WashingtonDesignation of police justiceCities of first class
470
WashingtonJurisdiction of police judgeCities of the first class Appeals
471
WashingtonPolice courtCities of the second classEstablishment
472
CHAPTER XLIX
476
CHAPTER L
477
CHAPTER LI
479
CHAPTER LII
484
Notice of transfer of causeForm
491
ColoradoChange of venueDefendants 1258 ColoradoChange of venuePlaintiffs 1259 OregonHow transfer of cause is made
492
OregonPlace of trial may be changed when cause at issue on what showing 1261 OregonDisbursements of change to be paid by party applying there...
493
OregonChange of venue when deemed complete
494
CHAPTER LIII
495
Occupant of real property defined 2889 Demand for surrender 2890 Question of title does not arise 2891 Forcible entryWhat questions may be inv...
496
CHAPTER LIV
498
What powers in general
501
Power to issue subpoenas and process
502
Issuance of papers without blanks
503
Acknowledgment of instruments
504
CHAPTER LVIII
506
CHAPTER LIX
513
Exemption affidavit claimingForm
516
OregonJury list what number to contain and when filed 1365 OregonIf two justices in precinct by whom list made 1366 OregonJury list may be ma...
538
WashingtonJuryNumberQualificationsFees 1369 WashingtonTime of jury trial 1370 WashingtonSelection of jury 1371 WashingtonSummons for j...
539
WashingtonSwearing jury 1373 WashingtonDelivery of verdict 1374 WashingtonJustice may discharge jury when 1375 WashingtonFailure to app...
540
ColoradoJury trial had on demandFees 1377 ColoradoIncreasing juryFees 1378 ColoradoJury must be sworn 1379 ColoradoAttachment for defaul...
541
Proof defined CHAPTER LX
542
Degree of proof required 1383 Kinds of evidence 1384 Degrees of evidence
543
Primary evidence defined 1386 Secondary evidence defined
544
ARTICLE II
547
ARTICLE III
556
Manner of proving other official documents 1456 Public record of private writing evidence 1457 Entries in official books prima facie evidence 14...
557
CONTESTING ELECTIONS FOR MEMBERS OF
560
Fines and forfeitures where paid 3181 Refusal or neglect to pay over fines or forfeitures a misdemeanor 3182 OregonPayment of fine and costs 318...
572
WashingtonWarrant of commitment
573
Comparison of handwriting
577
Ancient writings 1482 Entries of decedents 1483 Entries repeated in usual course
578
Private writings how proved 1485 Removal of public records 1486 Acknowledged instruments affecting real property
579
ARTICLE IV
581
ARTICLE V
584
Defendant may bring in necessary parties
591
Parties how brought in on order of court
592
Suit against the state
593
Suit by state on bond to county
594
ARTICLE VIII
595
ARTICLE IX
597
3238
600
ARTICLE XII
602
ARTICLE XIII
603
Testimony to be transmitted to secretary of stateDuties
614
ARTICLE XIV
615
ARTICLE XV
618
ARTICLE XVI
620
ARTICLE XVII
621
Judgment must be in alternative form
622
ARTICLE XVIII
624
WashingtonSummonsForcible entry and detainerForm
628
WashingtonAction by complaint and noticeForm
629
ARTICLE XX
630
ARTICLE XXI
632
CHAPTER LXXVIII
645
ARTICLE XXII
650
CHAPTER LXI
651
Trial by juryHow waived
653
VERDICT OF JURY 1634 VerdictHow rendered 1635 Informal verdictHow corrected 1636 Judgment on verdictWhen entered 1637 General and ...
655
ARTICLE III
661
ARTICLE IV
663
Principles of lawHow stated to jury 1667 Court should state what the law is 1668 Where no evidence upon a point judge may state that fact to jury ...
667
ARTICLE VI
671
What affidavit must show when defendant cannot be found
672
ATTACHMENT OF PERSONAL PROPERTY
675
ARTICLE II
680
Verbal stipulation
681
ARTICLE III
685
ISSUANCE OF ATTACHMENT
688
Proof of service of summons
689
Certificate of service by an officerForm
690
Certificate of serviceTwo defendantsOne not foundForm
691
Certificate of constable when sufficient
692
Certificate by undersheriffWhen insufficient
693
Certificate of service of summons on corporationForm
694
Certificate of service on foreign corporationForm
695
Certificate of service on minor under fourteen yearsForm
696
Certificate of service on guardianForm
697
Certificate of service on countyForm
698
Affidavit of service on individualForm
699
Affidavit of service on individualShorter form
700
Affidavit of service of summons on infantForm
701
Affidavit of service on corporationForm
702
Affidavit of service on cities and municipalitiesForm
703
Admission of serviceForm
704
WashingtonWritten admission equivalent to proof of service
705
Verbal acknowledgment of service insufficient
706
Return not servedForm
707
Docket as evidence of service of summons
708
Summons may be amended
709
Amendment of clerical error
710
Order amending summons and complaintForm
711
Service proof of may be amended
712
Officer may amend certificate
713
Affidavit of service may be amended
714
ARTICLE XIII
715
ARTICLE XIV
718
ARTICLE XV
721
ARTICLE XVI
728
ARTICLE XVII
733
EQUITABLE RELIEF FROM JUDGMENT 1837 Equitable relief against judgment by fraud 1838 Province of court of equity 1839 Relief against j...
735
Issues of fraud must be raised to justify execution against person 2404 Intention to procure goods without payment 2405 Where facts constituting fr...
738
On collateral attack nonresidence of defendant in township cannot be shown
742
Special appearanceWhat
743
WashingtonTime for appearance
744
Infants or lunaticsAppearance by guardian
745
Guardian ad litemHow appointed when ward is plaintiff
746
SameHow appointed when ward is defendant
747
ARTICLE II
750
OregonExecution not to be levied on real property until judgment docketed
753
ColoradoReal and personal property bound by execution 1901 ColoradoLevy of execution on real estateCosts 1902 ColoradoConstable to indorse ti...
754
INSTRUCTIONS TO LEVY 1903 Instructions to sheriff to levy writForm 1904 Instructions to the officer accompanying writForm 1905 Instruction...
755
ARTICLE IV
757
on his official bond
759
ExecutionForm ARTICLE V
761
ARTICLE VI
767
ColoradoDebts credits etc how attachedNotice to garnishee
771
ARTICLE VII
772
ARTICLE VIII
774
CRIMINAL JURISDICTIONWASHINGTON OREGON AND COLORADO
775
ARTICLE IX
790
Duty of officers to execute certificate of sale of property not subject to manual delivery 2025 Right of purchaser on sale of real property 2026 Effe...
791
2919
795
LIEN OF ATTACHMENT
805
Pleadings must state cause of action relied
806
Pleading to be construed as a whole
807
Pleadings construed against the pleader
808
ARTICLE XI
815
ARTICLE XII
822
ARTICLE XIII
825
ARTICLE XIV
834
ColoradoMisfeasance or nonfeasance of constableLiability
836
ARTICLE XV
837
CHAPTER LXV
845
CHAPTER LXVI
857
CHAPTER LXVII
861
Who may appeal
862
ARTICLE II
869
ARTICLE III
870
ARTICLE IV
871
ARTICLE V
876
Undertaking
877
Actions on appeal bondsPleading 2216 Action on appeal bondPleading 2217 Action on appeal bond 2218 AppealAction on appeal bond 2219 Ac...
878
Action on appeal bondEvidence 2221 Action on appeal bondEvidence 2222 Action on appeal bondAssignment 2223 Bond on appeal from judgm...
879
JudgmentAppeal bondMisprision 2225 JudgmentMisnomerValidity of appeal bond
880
Surety on appeal substituted to rights of judgment creditor
881
ARTICLE VI
882
2722
883
Power of constable to release governed by what
891
Qualification of sureties
892
ARTICLE VII
898
ComplaintFor goods wrongfully taken from possession of bailee Form
903
ComplaintAgainst one in possession innocentlyForm
904
2288 ARTICLE IX
907
AppealFees ARTICLE X
912
ARTICLE XI
914
ARTICLE XII
919
ARTICLE XIII
921
Plaintiff the actor in superior court 2368 Proceeding with trial as waiver of defects 2369 Order of procedure 2370 Rules of superior court 2371 Pr...
922
Manner of trial by jury
926
Direitos de autor

Outras edições - Ver tudo

Palavras e frases frequentes

Passagens conhecidas

Página 216 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 219 - A father, or in case of his death or desertion of his family, the mother, may maintain...
Página 582 - ... during the marriage or afterwards, 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, nor to a criminal action or proceeding for a crime committed by one against the other; 2.
Página 559 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases : 1.
Página 218 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Página 592 - A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section twentyseven hundred and ninety-four of the Civil Code; 3.
Página 622 - 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.
Página 550 - When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by the other...
Página 190 - ... the ninth day of September, the first Monday in September, the twenty-fifth day of December, every day on which an election is held throughout the state, and every day appointed by the president of the United States or by the governor of this state for a public fast, thanksgiving or holiday.
Página 479 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information and belief, and as to those matters that he believes it to be true...

Informação bibliográfica