Excerpt from Practice, Pleading, and Evidence in the Courts of the State of California in General Civil Suits and Proceedings: Being the Code of Civil Procedure of California, as Amended Up to the Close of the Twenty-First Session of the Legislature (1876); With Full Cross-References, and Annotations From the Reports of the Various Courts in the United States

I bespeak for this work the same kind and courteous consider ation from my professional brethren, which they, whether on the Bench or at the Bar, have invariably accorded to me personally; and which I take this opportunity of most heartily acknowledging.

The notes are the result of an entirely independent perusal of the California Reports, the Codes, etc., etc. The decisions quoted from other States and countries are chiefly such as have been relied on by the Supreme Court of California. The references to these decisions have been checked as far as possible.

The practice, etc., in Divorce proceedings, and on applications for Writs of Habeas Corpus and of Error, is not provided for by the text of the Code of Civil Procedure. To supply the deficiency I have added a. Note on Divorce, etc., at the end of Part II, Title X (after S. And one on Habeas Corpus and Writ of Error, at the end of Part III, Title I, Chap. III (after S. To which portions of this Code the subjects respectively seem to belong. Immediately before S. 607 will be found a summary of all the sections to which reference is likely to be wanted in a hurry at nisi prius, which, it is hoped, will be found useful.

The numbers at the outer upper corner of each page refer to the sections on that page; the pages are numbered at the foot.

The Index has been so constructed that its divisions and sub divisions are alphabetically arranged. It refers primarily to the sections; but the page is added where necessary for convenient reference.

Insuperable difficulties have prevented the insertion of the rules of different District and County Courts, kindly forwarded to me by the County Clerks for that purpose.

I am indebted to the publishers of Mr. Olney's edition of this Code for permission to make use of their Tables showing the terms of the Courts, and the sections of the Practice and Probate Acts corresponding with those of this Code.

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