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, Volume 2 |
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A Treatise on New Trial and Appellate Practice: Presenting and Illustrating ... Thomas Carl Spelling No preview available - 2015 |
Common terms and phrases
26 Mont action adverse party affidavits alleged amendment appeal taken appellate court appellate jurisdiction application attorney authority bill of exceptions bond California certificate cited Civil Procedure clerk Code Civ Code of Civil complaint constitution counsel decision decree defendant demurrer dismiss the appeal effect entered entry error Estate evidence fact filed final judgment findings ground held Idaho injunction insufficient issues judge judgment or order judgment-roll jury letters testamentary lower court matter ment motion to dismiss nonsuit notice of appeal objection order appealed order denying order granting order refusing peal plaintiff pleadings Practice Act presented probate probative facts Proc proceeding proper question record reference rendered rendition respondent right of appeal rule served settled settlement specification statute statutory stay stipulation sufficient superior court supreme court sureties thereof tion transcript trial court Utah vacate vacate judgment verdict waived Wash writ
Popular passages
Page 1531 - 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.
Page 1226 - 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.
Page 953 - 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.
Page 992 - 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...
Page 1087 - ... 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.
Page 1180 - ... 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...
Page 1006 - ... 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.
Page 1199 - 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...
Page 1574 - 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...
Page 993 - ... 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.