William A. (William Angus) Sutherland.

A treatise on code pleading and practice; also containing 1900 forms adapted to practice in California, Alaska, Arizona, Idaho, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and other code states; (Volume Supplement 1917) online

. (page 1 of 87)
Online LibraryWilliam A. (William Angus) SutherlandA treatise on code pleading and practice; also containing 1900 forms adapted to practice in California, Alaska, Arizona, Idaho, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and other code states; (Volume Supplement 1917) → online text (page 1 of 87)
Font size
QR-code for this ebook


\

5















iiiilii




UNIVERSITY

OF CALIFORNIA

LOS ANGELES



SCHOOL OF LAW
LIBRARY



M. J. OT^A .
925 SO. FAIR^AA -^
. OS ANGELES. CAU^^









ii



'fA/,^



ku



925 so f f ^.'t^Jo.t^^^
LOS ANGELtS,



M-.-?-.vrwV>^^^^'




925 SO. f^"'(^L^fORN\^



I



SUPPLEMENT



TO



SUTHERLAND'S

CODE PLEADING AND PRACTICE

CONTAINING

MANY NEW FOKMS

ADAPTED TO PRACTICE IN

CALIFORNIA, ALASKA, ARIZONA, COLORADO, IDAHO, MONTANA,

NEVADA, NEW MEXICO, NORTH DAKOTA, OKLAHOMA,

OREGON, SOUTH DAKOTA, UTAH, WASHINGTON,

WYOMING AND OTHER CODE STATES

INCLUDING

FORMS FOR USE BEFORE THE CALIFORNIA RAILROAD
COMMISSION AND SIMILAR BODIES

BY

WILLIAM A. SUTHERLAND

Of the California Bar



SAN FRANCISCO

BANCROFT-WHITNEY COMPANY
1917



T.



Copyright, 1917,

BY

BANCEOFT-WHITNEY COMPANY



San FRANasco
The Filmer Brothers Electrotype Company

T\TOGRAPHERS AND StEREOTYPERS



PREFACE.



Since the publication of tlie author's original work
on ''Code Pleading and Practice" there have been so
many changes in the code provisions of the western
states governing the subjects embraced therein, that it
has become necessary, if any of the value of that work
is to be preserved, to supplement it with a volume
presenting the statutory changes as well as the later
decisions of the courts.

In the preparation of this supplement the author has
adhered strictly to the arrangement of the matter in
the work published in 1910, using the same paragraph
headings and section numbers in every instance where
new matter was found which could be treated under a
heading already used, and adding new headings and
section numbers in appropriate places to cover matter
not included in the original work. It is believed that the
plan followed will add greatly to the value of the new
volume, since by the use of the original index the prac-
titioner may determine in a moment what new matter
has been added to any subject previously considered.
A comprehensive index is also included in the supple-
ment, which not only augments the original index but
covers the new subjects and the new section numbers.
Old forms have been omitted and many new forms

added.

(iii)



n '1 ^ I



IV PEEFACE.

During the past few years boards and commissions
authorized to supervise and control public service cor-
porations have been vested with broad powers, to such
an extent that practice before those bodies has become
very important. The California Eailroad Commission
recreated by constitutional amendment in 1911, and
given a wide jurisdiction by the Public Utilities Act ap-
proved immediately thereafter, furnished a model for
similar commissions later created or reorganized in the
Pacific States, and the procedure adopted by the Cali-
fornia Commission has also been largely followed. In
the belief that it will be useful to practitioners called
upon to appear before such bodies, there has been added
to the work a chapter setting out the rules of the Cali-
fornia Commission now in force and including many
forms which have become familiar in commission
practice.

Presno, California, December, 1917.

WILLIAM A. SUTHERLAND.



TABLE OF CONTENTS.



CHAPTER I.

INTRODUCTORY— EIGHTS AND REMEDIES.
§ 1. Rights.
§ 2. Remedies.
§ 3. Actions.

§ 3a. Action, commenceinent of,
§ 4. The division of actions.
§ 5. Special proceeding.

CHAPTER II.

PARTIES TO CIVIL ACTIONS.

§ 7. Who are parties.

§ 8. Formal and necessary parties.

§ 9. Parties to code actions.



CHAPTER III.

REAL PARTY IN INTEREST.



11. Code provisions.

12. Who is real party in interest.



CHAPTER IV.

PARTIES PLAINTIFF— ACTIONS EX CONTRACTU,

§ 17. Persons who may join as plaintiffs.
§ 18. Persons who must join as plaintiffs.
§ 19. Severable interest.

CHAPTTR y.
PARTIES PLAINTIFF— ACTIONS ES DELICTO.
§ 21. In general.

(V)



VI TABLE OF CONTENTS.

CHAPTER VI.

PARTIES DEPENDANT.

§ 31. At common law all persons who are jointly liable.

§ 34. For breach of contract.

§ 35. Unnecessary parties.

§ 36. Objection to nonjoinder.

§ 42. Married woman.

§ 43. Actions by or against infants.

§ 55. On judgment.

§ 56. Misjoinder of parties not bound.

CHAPTER VII.

SUBSTITUTION OF PARTIES AND PLEADINGS.

§ 58. Intervention.
§ 61. Death, effect of.

§ 65. Substitution of parties — Matters of practice.
§ 66. Substituting true name.

§ 77. Form 9. Notice of motion on behalf of defendant for substitution of
plaintiff's executor.

CHAPTER VIII.

GENERAL RULES OF PLEADING.

§ 83. Pleadings defined.

§ 85. Construction of pleadings.

CHAPTER IX.

FORMS OF ACTIONS.

§ 87. Form of actions abolished.

§ 87a. Commencement of actions.

§ 89. Allegations of facts by direct averment.

§ 90. Certainty and clearness of allegations.

§ 91. Allegations of facts in ordinary and concise language.

CHAPTER X.

ALLEGATIONS.
§ 94. Allegations of facts.
§ 95. Legal conclusions not to be alleged.

§ 97. E'xamples of conclusions of law. ,

§ 98. What facts should be alleged — Essential facts.



TABLE OF CONTENTS. VU



CHAPTER XI.
FORMAL PAETS OF PLEADING.
§ 102. Caption.
§ 106. Mistakes in names.
§ 110. Prayer.

CHAPTER XII.

VERIFICATION OF PLE'A DINGS.

§ 156. Verification in actions on written instruments.

§ 157. Effect of verifying complaint.

§ 158. Verification of the answer.

§ 163. Suflicient and defective verifications.

§ 165. By attorney or agent.

§ 168. Verification on information and belief.



CHAPTER XV.

COMPLAINT, JOINDER OF CAUSES, AND CONSOLIDATION OF

ACTIONS.

§ 189. Provisions of the codes as to joinder.

§ 189a. In Idaho, the plaintiff may unite several causes of action in the same

complaint.
§ 190. Contract and tort.
§ 191. Same transaction defined.
§ 192. Must affect all parties to the action.
§ 195. Consolidation of actions.
§ 195a. Consolidation of actions, effect of.
§ 202. Injuries to person and property.



CHAPTER XVI.

COMPLAINT— SPLITTING OF CAUSES.

§ 218. Splitting causes, in general.

§ 220. Entirety of cause of action under contract.

§ 221. Entirety of cause of action for tort.

CHAPTER XVIII.
COMPLAINT— ANTICIPATING DEFENSE.

§ 235. In general.



Vlll TABLE OF CONTENTS,

CHAPTER XIX.

THE DEMUERER.
§ 236. Introductory.
§ 238. Grounds for demurrer.
§ 239. Effect of demurrer.
§ 239a. Hearing on demurrer.

§ 239b. Hearing on demurrer — Scope of inquiry,
§ 240. What a demurrer admits.
§ 240a. SuflBciency of demurrer.
§ 247. General demurrer.
§ 248. Special demurrer.
§ 249. Joint demurrer.

§ 370a. Form 73a. On ground of causes of action not separately stated.
§ 373. Form 76. Several grounds of demurrer.



CHAPTER XXI.

DEFENSE— ANSWER IN GENERAL.

§ 385. Nature of answer.

§ 386. Answer under the codes.

§ 387. Objections not appearing on face of complaint.

§ 388. Time to answer.

§ 389. Mode of pleading — Inconsistent defense.

§ 406. Form 101. Denial because of lack of information or belief.



CHAPTER XXII.

DEFENSES— GENERAL DENIAL.

§ 407. Sufficiency of the general deniaL

§ 412. Denial by articles.

§ 416. Denial of legal conclusions.

§ 417. Negative pregnant.

§ 427. Admissions in the answer.

§ 428. Admissions by failure to deny.



CHAPTER XXIII.

DEFENSES— NEW MATTER.

400. Pleas in abatement.

461. Joint plea as to one defendant.



TABLE OF CONTENTS. J^



§ 462. Waiver hj pleading to merits.

§ 463. Pleas in bar.

§ 465. Matters in avoidance.

§ 467. Denial on information and belief.

§ 473. Denial for want of information or belief.



CHAPTER XXIV.

FORMS OF DEFENSES IN ABATEMENT.
§ 602. Form 173. Foreign statute of limitations in tort action.
§ 623. Form 194. Want of jurisdiction of the person.



CHAPTER XXV.

COUNTEECLAIM.

§ 626. Distinction between counterclaim and cross-complaint.

§ 627. Counterclaim— Setoff— Recoupment distinguished.

§ 628. Must be an existing claim.

§ 629. Assignment of ground of claim.

§ 630. Mutuality of demand.

§ 631. Unliquidated demand.



CHAPTER XXVI.

CROSS-COMPLAINT.
§ 656. Relation of cross-complaint to original complaint.

CHAPTER XXIX.

INTERVENTION, INTERPLEADER, ETC.
§ 698. Interpleader.

CHAPTER XXX.

REPLICATION.

§ 723. Replication in general.

§ 724. Necessity for replication.

§ 727. Counterclaim of defendant.

§ 730. Sufficient reply.

§ 731. Departure from complaint.



TABLE OF CONTENTS,



§ 731a. Practice in Nevada.
§ 744. Facts must be alleged.
§ 747. Insufficient reply.
§ 749. Reply, when unnecessary.
§ 751. Eeply— Time of filing.



CHAPTER XXXI.

SUPPLEMENTAL PLEADINGS.

774. When allowed.

780. Newly acquired title.

782. Answer to supplemental pleading.



CHAPTER XXXII.

AMENDMENTS.

§ 785. In general.

§ 788a. Changing cause of action.

§ 791. Amendments by leave of court.

§ 792.. Manner of amending.

§ 793. Amendments at trial.

§ 795. Amendments to conform to proofs.

§ 796. Amendment after trial.

§ 799. Amendment of complaint.

§ 800. Effect of amended complaint.

§ 803. Amended complaint — Time to answer.

§ 804. Amendment of verification.

§ 805. Amendment to answer.

§ 807. Relief from mistake.

§ 812. Eight to answer amended pleadings.

§ 815. Irrelevant pleading defined.

§ 817. What pleadings may be stricken out.

§ 818. Election between counts.

§ 819. Statement in motion.

§ 821. Ambiguous answer.

§ 824. Informal answers.

§ 827. Sham defenses, how tested.

§ 830. What may be stricken out of answer.

§ 842. Form 248. Notice of motion to amend complaint by striking out

coplaintiffs and making them defendants.

§ 843. Form 249. Notice of motion for leave to amend.

§ 845. Form 251. Notice of motion to strike out irrelevant or redundant

matter.



TABLE OF CONTENTS.



XI



§ 847. Form 253. Notice of motion to require plaintiff to elect between

several counts of complaint, in certain cases.
§ 852. Form 258. Notice of motion for leave to correct fictitious name.

Form 261. Notice of motion to amend complaint by adding a de-



3oO.



fendant.
§ 859. Form 265. Notice of motion to consolidate actions.



CHAPTER XXXIII.

FOEMS FOR ENLARGING TIME TO PLEAD.
§ 871. Form 268. Notice of motion for extension of time to answer.

CHAPTER XXXIV.

FORMS OF NOTICES, ETC.

§ 914. Form 273. Notice of motion for order allowing party to enter on
land and make survey, efc, in actions concerning real property.

§ 935. Form 294. Notice of motion by plaintiff for judgment on tlie plead-
ings.

§ 936, Form 295. Notice of motion for dismissal.

§ 937 Form 296. Notice of motion to sue on judgment in the same court.

§ 938 Form 297. Notice of motion on petition for leave to sue a receiver.

§ 941. Form 300. Notice of motion on affidavit to open default judgment
and for leave to answer.

§ 943. Form 302. Notice of motion to compel plaintiff to elect between
several counts setting forth the same cause of action.

§ 951 Form 310. Notice of motion to substitute officer's successor.

§ 954. Form 313. Notice of motion by plaintiff to revive action against per-
Bonal representatives of deceased defendant.



CHAPTER XXXV.

JURISDICTION.

§ 968. Jurisdiction defined.

§ 968a. Jurisdiction of the person.

§ 968b. Jurisdiction of subject matter.

§ 969. General versus limited jurisdiction.

§ 970. Limited jurisdiction — Probate.

§ 973. Concurrent jurisdiction.

§ 974. Appellate jurisdiction.

§ 975. Jurisdiction of state courts.

§ 976. Extraterritorial jurisdiction of state courts.



Xll TABLE OF CONTENTS.

§ 977. Jurisdiction determined by amount in controversy,

§ 980. Justice court — Action affecting real property.

§ 9Sla. Justice court — Statutory provisions.



CHAPTER XXXVI.

VENUE.

§ 982. Definition of term.

§ 984. Transitory actions.

§ 985. Actions affecting land.

§ 987. Place wliere cause of action arose.

§ 9SS. Eesidence of defendant as detei mining venue.

§ 9S9. Waiver of objections.



CHAPTER XXXVII.

CHANGE OP VENUE.

§ 990. Power of the court.

§ 992. Application for change.

§ 995. Affidavit of merits.

§ 997. Affidavit on ground of disqualification of judge.

§ 997a. Venue — Change of in Washington.

§ 997b. Venue — Change of in Wyoming.

§ 997c. Venue — Change of in Utah.

§ 998. Affidavit resisting motion for change.

§ 999. Hearing of motion.

§ 1000. Effect of motion on court's power.

§ 10G2a. Remand.

§ 1006. Form 330. Notice of motion for change.

§ 1010. Form 334. Affidavit on the ground of nonresirlence.

§ 1010a. Form 334a. Affidavit by attorney on the ground of nonresidencQ.



CHAPTER XXXVin.

REMOVAL OP CAUSES TO FEDERAL COURTS— FORMS FOR CHANGE
TO FEDERAL COURT.

§ 1034. Form 344. Entry of appearance.

§ 1035. Form 345. Petition for transfer from the state court to a district

court of the United States.
§ 1036. Form 346. The same — On ground of prejudice or local influence,

under the Judicial Code.
§ 1037. Form 347. Affidavit of prejudice or local influence to accompany

the foregoing petition.



TABLE OF C0:NTENTS.



Xlll



§ 1038. Form 348. Bond on removal under Judicial Code.

§ 1039. Form 349. Another form of petition for removal on ground of

diverse citizenship under Judicial Code.
§ 1042. Form 352. Notice of petition and bond for removal of cause.
§ 1043. Form 353. Order for removal of cause to United States court.
§ 1044. Form 354. "Writ of certiorari under section 39 of the Ju-dieial Code,



CHAPTER XXXIX.

SUMMONS.

§ 1046. Requisites of the writ.

§ 1049. Time for appearance.

§ 1053. Action in justice court.

§ 1064. Abuse of process.

§ 1069. Substituted service.

§ 1069a. Summons — Nevada practice,

§ 1069b. Summons — Alaska practice.

§ 1069c. Summons — Idaho practice.

§ 1070. Form 355. Summons in superior court (all actions except for un-
lawful entry and detainer and partition, and to determine adverse
claims to real property).

§ 1071. Form 356. Summ_ons in justice's court.

§ 1072. Form 357. Summons in action for forcible entry and detainer.

§ 1072a. Form 357a. Summons in action for partition.

§ 1072b. Form 357b. Summons in action to determine adverse claims to real
property.



CHAPTER XL.

SERVICE OF SUMMONS BY PUBLICATION.

§ 1073. "When permitted.

§ 1074. Affidavit for order.

§ 1076. Order for publication.

§ 1077. Mailing a copy to defendant.

§ 1078. Sufficiency of publication.

§ 1078a. Service substituted for publication — "Wyoming practice.

§ 1080. Proof of publication.

§ 1081. Service by publication, when conclusive.

§ 10S5a. Affidavit for publication of summons in action to determine adverse
claims to real property.

§ 1085b. Form 361b. Order for publication of summons in action to deter-
mine adverse claims to real property.



Xiy TABLE OF CONTENTS.

CHAPTER XLI.

SUMMONS, RETURN AND PROOF OF SERVICE.

§ 10S6. Return of summons — Nevada practice.
§ 1087. Form and suflBciency of return.
§ 1088. Amendments of summons or return.
§ 1091. Conclusiveness of return of service.
§ 1092. Affidavits and presumptions.
I

CHAPTER XLII.

APPEARANCE.

§ 1101. What constitutes appearance.

§ 1101a. Special appearance.

§ 1102. Appearance by attorney.

§ 1103. Authority of attorney.

CHAPTER XLIII.

LIS PENDENS.

§ 1107. Operation and effect of notice.
§ 1108. Necessity for filing.

CHAPTER XLIV.

ISSUES.
§ 1124. General issue,
§ 1125. Joinder of issues.

CHAPTER XLV.
TRIAL IN GENEEAL.
§ 1131. Time of trial,
§ 1132, Notice of trial.
§ 1133. Continuance.
§ 1134. Contents of affidavit.
§ 1137a. Death or di^^ability of party or attorney.
§ 1137b. Absence of party or attorney,
§ 1141. Preventing continuance.

CHAPTER XLVT.

TRIAL BY THE COURT.
§1157. Equity cnses.
§ 1158. Argument by couusel.



TABLE OF CONTENTS. 3CV

§ 1159. E\ndGnce.

§ 1160. Findings by the court — Time to file.

§ 1160a. Notice of findings in California.

§ 1164. Facts, how found.

§ 1167. Findings contrary to admissions in the pleadings.

§ 1169. Findings not necessary.

§ 1169a. Where to be signed.

§ 1179. Inconsistent findings.

§ 1183. Sufficiency, test of.

§ 1186. Amendment of findings.

§ 1187. landings, how construed.

§ 1190. Form 393. Findings in action for divorce.

§ 1190a. Form 393a. Findings in action for divorce— Another form.

§ 1195a. Form 398a. Notice of presentation of findings.

CHAPTER XLVII.
TRIAL BY JUKY.

§ 1197. Impaneling jury.

§ 1199. Objections to the paneL

§ 1200. Challenge to jurors.

§ 1202. Challenge, how tried.

§ 1210. "Witnesses in general.

§ 1226. Party not bound by statements.

§ 1227. Recalling witnesses.

§ 1231. Argument of counsel.

§ 1233. Reading law to jury.

§ 1234. Instructions to jury.

§ 1236. Instructions, how given.

§ 1237. Form and sufiiciency of instructions.

§ 1237a. Instructions in writing.

§ 1238. Misleading and erroneous instructions.

§ 1241. Instructions, how construed.

§ 1242. The same — Modification and amendment of.

§ 1245. The same — Errors, when cured.

§ 1246. Conduct of the jury.

§ 1240. View of property or premises by jury.

§ 1251. Amendment of verdict.

§ 1252. Chance verdict.

§ 1256. Directing verdict.

§ 1262. Joint verdict.

§ 1264. Trial by jury — Verdict, when set aside.

§ 1268. Special verdict.

§ 1268a. In Nevada.

§ 1268b. Construction of special verdict.

§ 1273. Interpretation of verdict.



Xvi TABLE OF CONTENTS.

CHAPTER XLVIII.

TRIAL BY KEFEREE.

§ 1288. Reference in general.

§ 1298. Objections to referees.

§ 1300. Power of referee.

§ 1303. Conduct of the trial.

§ 1304. Findings of referee.

§ 1306. Conclusiveness of findings,

§ 1308. Setting aside report of referee.

§ 1309. Grounds of objection.

§ 1312. Power of court.

§ 1313. Judgment on report.

CHAPTER XLIX.

EXCEPTIONS.

§ 1345. In general.

§ 1347. Exceptions to admission of evidence.

§ 134S. Documentary evidence.

§ 1349. Irrelevant testimony.

§ 1350. Insufficiency of evidence.

§ 1352. Special exception necessary.

§ 1353. When objection lies.

§ 1359. Objection to instructions.

§ 1360. Exceptiona to instructions must be specific.

CHAPTER L.
JUDGMENT IN GENERAL.

§ 1361. Judgment defined.

§ 1362. Jurisdiction of court.

§ 1363. Final judgment.

§ 1364. Judgment must follow allegations and proofs.

§ 1365. Joint and several judgment.

§ 1366. Entering judgment.

§ 1367. Judgment nunc pro tunc.

§ 1369. Judgment-roll.

§ 1371. Docketing judgment.

§ 1372. Entry by clerk.

§ 1377. Lien of judgment.

§ 1378. Priorities of judgment.

§ 1383. Property subject to lien.



TABLE OF CONTENTS. XVll



§ 1384. Judgment — Eelease of.

§ 1385. Satisfaction of judgment by lien under execution.

§ 1386. Satisfaction by part payment.

§ 1387. Kevival of judgment.

§ 1389. Form 443. Final decree of divorce.

S 1390. Form 444. Interlocutory decree of divorce.



CHAPTER LI.

JUDGMENT BY DEFAULT.

§ 1409. Default— When authorized.

§ 1410. Default — What admits and cures.

§ 1412. Process to sustain default judgment.

§ 1413. Pleadings to sustain default judgment.

§ 1414. Proof required on default.

§ 1415. Against whom entered.

§ 1417. Effect of default.

§ 1418. Entry of default.

§ 1420. Errors, how reviewed.

§ 1422. Belief granted.

§ 1425. Setting aside judgment — Grounds of.

§ 1428. Jurisdiction.

§ 1429. Motion, when to be made.

§ 1431. Answer to the merits.

§ 1434. Motion, hearing oa.

§ 1435. On terms.

§ 1437. Counter-aflfidavits.

§ 1441, Excuse for default.

CHAPTER LII.

JUDGMENT ON PLEADINGS.
§ 1447. In general.
§ 1447a. Motion for judgment.
§ 1448. Defective pleading.
§ 1456. Verified answer.

CHAPTER LIII.

JUDGMENT BY CONFESSION.

§ 1458. In general.

§ 1467. Setting aside confep/^ions.

§ 1472. Judgment by consent.



Xviii TABLE OF CONTENTS.

CHAPTER LIV.

JUDGMENT OF DISMISSAL AND NONSUIT.

§ 1476. Dismissal.

§ 1486. Nonsuit, nature of.

§ 1487, Motion.

§ 1488. Nonsuit, when granted.

§ 1489. Effect of motion for nonsuit.

§ 1493. Nonsuit — Eeview on appeal.



CHAPTER LV.

JUDGMENT FOR COSTa

§ 1494. In general.

§ 1495. Costs— Affidavit.

§ 1496. Attorney fees.

§ 1496a. Witness fees.

§ 1497. Eetaxing costs.

§ 1498. Costs, -when allowed — Discretion of court.

§ 1501. Costs are part of judgment.

§ 1507. Costs on appeal.

§ 1507a. Appeal from justice court.

§ 1508. On judgment affirmed in part and reversed in part.

§ 1509. New trial awarded.

§ 1510. Judgment reversed.

§ 1514. Costs — Security for.

CHAPTER LVI.

CONCLUSIVENESS OF JUDGME'NT.

§ 1517. Conclusiveness of adjudication in general.
§ 1517a. Conclusiveness as to persons.
§ 1521. Pleading res adjudicnta.
§ 1522. Evidence of res adjudicata.



CHAPTER LVII.

VACATING AND AMENDING JUDGMENT.

§ 1535. Judgments — Validity of.

§ 1536. Equitable relief.

§ 1538. Judgments — Impeachment — Relief against.

§ 1539. Erroneous judgment — Eemedy,



TABLE OF CONTENTS. XIX



§ 1540. Vacating or setting aside.
§ 1541. .rudgment — Collateral attack.
§ 1542. Grounds for collateral attack.



CHAPTER LVIII.
NEW TEIAL IN GENERAL.

§ 1546. In general.

§ 1547. Court's own motion.

§ 1548. Statutory new trial — Oregon — Idaho.

§ 1549. Power of court to grant.

§ 1551. Granting motion discretionary.

CHAPTER LIX.

PEOCEEDINGS ON MOTION FOR NEW TRIAL.

§ 1553. Steps requisite.

§ 1554. Application — How made — California practice.

§ 1554a. Application, how made.

§ 1555. Notice of intention — Time within which it must be given,

§ 1556. Notice, how given.

§ 1565. Application — Grounds of irregularity.

§ 1567. Adverse party, misconduct of.

§ 1576. Misconduct of jury.

§ 1577. Impeaching verdict.

§ 1578. Surprise.

§ 1585. Evidence — Newly discovered must not be cumulative.

§ 1586. Must not be impeaching.

§ 1587. Must be material.

§ 1588. Must be subsequently discovered.

§ 1590. Motion on statement.

§ 1591. Bill of exceptions.

§ 1592. Minutes of the court.

§ 1608. Exceptions must be taken at the triaL

§ 1609. Excessive damages.

§ 1613. Inadequate damages,

§ 1620. Specification of errors.

§ 1621. Verdict against law.

§ 1622. Weight of evidence.

§ 1623. Amendments, how made.

§ 1631. Motion — Hearing.

§ 1640. New trial — Modification of judgmpnt.

§ 1650. Form 474. Notice of intt-ution to move for new trial.



XX TABLE OF CONTENTS.

CHAPTER LXI.

APPEALS PROM THE SUPERIOR COURT TO THE SUPREME COURT.

§ 1675. Grounds for appeal.

§ 1680. Successive appeals— Cross-appeals.

§ 1681. Appeal vs. writ of error.

§ 1682. On appeal from the intermediate courts.

§ 1683. Decisions of intermediate courts.

§ 1684. Appealable judgments— California practice-

§ 16S4a. Appealable judgments in Nevada.

§ 1684b. Appealable judgments in Idaho.

§ 16S4e. Appealable judgments in Oregon.

§ 1684d. New Mexico practice.

§ 1687. Consent.

§ 168S. Costs.

§ 1692. Special proceedings.

§ 1694. Appealable decrees.

§ 1695. Nonappealable decrees.

§ 1696. Appealable orders before and after judgment.

§ 1698. Attachment.

§ 1701. Decree, setting aside.

§ 1707. New trial.

§ 1710. Special orders after judgment.

§ 1725. Void order.

§ 1726. Amount or value in controversy.

§ 1730. Time within which to appeaL

§ 1735. Who may appeal.

§ 1736. Parties or persons injured.

§ 1738. Parties to the record.

§ 1739. Substituted party.

CHAPTER LXIIT.

PERFECTING AN APPEAL,

§ 1747. Perfecting appeals.

§ 1747a. The same — Oregon practice.

§ 1747b. The same — New Mexico.

§ 1750. Supersedeas or stay of proceedings.

§ 1751. Effect of appeal.

§ 1 754. Filing notice — Alternative method.

§ 1755. Filing and serving notice.

§ ] 757. Service, how and when made.

§ 1760. Service on adverse party.



TABLE OF CONTENTS. XXl

§ 1761. Service on coparties.

§ 1762. Time for service.

§ 1764. Proof of service.

§ 1765. Filing of notice.

§ 1766a. Waiver of irregularity.

§ 1767. The sufficiency of notice.

§ 1770. Contents of notice.

§ 1772. Amount of undertaking.

§ 1774, Deposit in court.

§ 1775. Delivery of bond.

§ 1779, Filing new undertaking.

§ 178S. Who exempt from undertaking.

§ 1794a. Form 493a. Notice of appeal under alternative method



CHAPTER LXIV.



Online LibraryWilliam A. (William Angus) SutherlandA treatise on code pleading and practice; also containing 1900 forms adapted to practice in California, Alaska, Arizona, Idaho, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and other code states; (Volume Supplement 1917) → online text (page 1 of 87)