ADJOURNMENT-continued. when a justice may adjourn a cause, 83, when it may be made by the parties, 83, 84. ADMINISTRATOR, with the will annexed, to be appointed when, 44. to be appointed by court to settle estate, 45. who appointed, 45. who competent, 45. where there are several equally entitled, who to be preferred, 45, 46. wife by marriage, forfeits her right to administration, 46. who to administer, where one, of several administrators, becomes incom- petent or dies, 46. letters evidence of appointment, 46. court may suspend the powers of, 47. court may compel attendance of, 47. when special administrator appointed by the court, 44. requisites of the bond of, 48, 49. letters of, when revoked. 50. liabilities of, 70, 71. may be attached when, 70. acquires title to personal property of decedent, 148. ADULTERY, with wife, husband has right of action for, 119. AFFIDAVIT, Upon application for new trial, 26. AGENT, liability of, 69. AGREEMENT, complaint in action on, 13. for a reference, must be in writing, and filed with the court, 19. when it must be reduced to writing, 141. AMENDMENT, when to be awarded, 82. ANSWER, within what time to be filed, 16. must be made in good faith, 17. sham answer struck from the files, 17. must controvert every material allegation, 17. how it must state matter, 17. when to be verified, 17. allegation of new matter in, 17. what objections may be taken advantage of, by, 18. when to be in writing and to be verified, 79. what it should contain, 79, 80. when copy of account, may be used as, 80. from justices', recorders' and mayors' courts, 27. APPEAL-continued. from probate courts, 27, 28. from county courts, 28. from the district courts and superior court of San Francisco, 28. how brought, 28, 29. how perfected, 29, 30. proceedings where appellant wishes a stay of execution, 30. from trial judgments of probate court, 74. from final judgments of probate court, 74. from order made by probate court at special term, 74. from justices court to county court, 87, 88. in actions of forcible entry and detainer, 87. parties, how known, 87. judgments by courts of, 25. APPEARANCE, of parties in justices' courts, 78. APPELLANT, when security of, dispensed with, or limited, 73. APPRAISERS, duty in taking inventory of estate, 53. who to appoint, where the property is in another county, 54. ARREST, order of, against debtor, 176. when order of, can be procured, 99. what requisite to the issuing an order of, 99, 100. order of, to be indorsed on summons, 100. trial may be demanded after, 100. duty of sheriff in making, 178, 179. of debtor, when, 189, 190. proceedings subsequent to, 190, 191. ARTICLES OF ASSOCIATION, of turnpike and plank roads, when to be entered into, 208. of bridge companies, 210. ASSIGNMENT, of instruments in writing not negotiable, 114, 115. ATTACHMENT, when to be issued, 96. what essential in order to obtain, 96, 97. how issued, 97. how executed, 97. may be served on third party, when, 97, 98. duty of constable in executing, 98. how issued, 158. property exempt from, 158, 159. how executed, 159, 160. return of, 161. how contested, 161, 162. lien on real property acquired by, 169. ATTACHMENT-continued. against vessels and boats, 174. personal and real property of debtor may be taken under, 191, 192. BAIL, B plaintiff may examine on oath, 177, 178. allowance of, to be indorsed on undertaking, 178. when sheriff liable as, 179, 180. BANKRUPT, law relative to, 175. creditor's claim against property of, 175. BANKRUPT LAW, provisions of, 195. proceedings under, 195, 196, 197, 198, 199, 200. under provisions of, all obligations are alike, 200. effect of discharge of, 201. obligations created in foreign country, subject to, 201. BANKRUPTCY. proceedings in, 195, 196, 197, 198, 199, 200. BILLS OF EXCHANGE AND PROMISSORY NOTES, consideration of, 112. are in the nature of contracts, 112. liability of parties upon, 112, 113. three days of grace, 114. BOND, executor required to give, 34. from executor, when dispensed with, 35. each of several executors, required to give, 35. official, of sheriff, when it may be proceeded on, 180. BRIDGE COMPANIES, who to form, 209, 210. how formed, 210. BUILDINGS, lien on for labor or materials, 169, 170, 171. BUYER, must take possession of property bought, 141, 142. must pay or tender contract price, before he can sue, 142. when he buys at his own risk, 145. not bound to take anything put what he purchased, 146. when he may rescind the contract, 147. CERTIFICATE, of proof of will, 43. CHALLENGE, peremptory, of jury, 20. of jury, grounds of, 20, 85. who may be examined on the trial of, 20. CHARGE, of court, to jury, 21. CHEMICAL PURPOSES, corporations for, 212, et seq. CHILD, born after execution of will, how to take, 36, 37. of testator, when to have nothing from the estate, 37. parent not under legal obligation to educate, 128. duty and obligation of, 129. illegitimate, 129. who is the natural guardian of, 130. to what entitled, upon death of both parents, 139. CITATION, of parties in probate court, 34. service of, 34. when to issue against executor, 62, 63. of executor before probate judge, how to be served, 49. who may apply for, 49. executor may compel account by, 52. CIVIL ACTION, but one form of, 11. CLAIMS, against estate, settlement of, by executor, 55, 56, 57. CODE, criminal, of California, 226. COMMISSION, to take deposition of witnesses, justice may issue, 90. COMMON CARRIERS, who are, 166, 167.. COMMON LAW, how far it prevails in California, 2. COMPLAINT, when it must be sworn to, 13. what it must state, in actions for the recovery of real property, 13. what it must state, in actions on judgments, 13. in all actions on contracts, 13. where the plaintiff pleads a private statute, 13. what causes of action may be included in, 13, 14. material allegations are not controverted, to be taken as true, 14. COMPLAINT―continued. when to be in writing and to be verified, 76, 77. when it may be oral, 77. how served, 14, 15, 16. demurrer where there are several causes of action in, 18. CONFESSION, judgment by, 24. CONSIDERATION, contract must be founded upon, 109, 110, 111. when implied, 111. of negotiable notes, 112. CONSTABLE, duty in executing attachment, 98. duty in action for recovery of personal property, 101, 102. of United States, authority of, 1. CONTEMPT, justice may punish for, 90, 91. trial and punishment of, 91. CONTRACT, what essential to validity of, 107. who can enter into, 107. by married woman, 107, 108. of minor, how far binding, 107, 108. definition of, 108. form of, 109. dependent, 109. concurrent, 109. must be founded on a good consideration, 109, 110, 111. to pay the debt of another, 111. when under seal, implies consideration, 111. bills of exchange and promissory notes, are in the nature of, 112. when it must be reduced to writing, 141, 144. of sale when perfected, 142. when executed, 143. made in another state, validity and legality of, 181, 182. when against law or public policy, will not be enforced, 183. rule with regard to interest, 183, 184. rule with regard to damages, 184, 185. foreign, lien of, upon personal property within the state, 185. of marriage, parties to, 117. of marriage, when to be in writing, 117. |