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after aid judgment. But where a defendant is an infant, an idiot, a lunatic, an habitual drunkard, or imprisoned on a criminal charge or in execution upon conviction of a criminal offense for a term less than life, the said defendant shall have the right, within one year after his disability is terminated, to apply for and obtain a new trial of said action, and the representatives of such a defendant shall have the same right within one year after the death of said defendant, if such death occurs while the disability continues. Upon any new trial of an action, brought as prescribed in this article, the record of the evidence given upon the previous trial, may be again offered to the court by either party, and may be received in evidence, in case the same evidence cannot be again procured. The courts may make such rules and orders as to preserving the record of the evidence given in such actions and perpetuating the proofs produced therein, either with or without the awarding of any other relief to the party whose proofs are so perpetuated, as shall be necessary or proper, and may embrace such directions in the judgment. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1646.

§ 509. Action to determine widow's dower.

A person claiming, as owner, an estate in fee, for life, or for years, in real property, may maintain an action against a woman, who claims to have a right of dower in the whole or a part of the property, to compel the determination of her claim. But such an action cannot be commenced until after the expiration of four months after the death of defendant's husband. If the defendant is under any of the disabilities specified in the last section, the provisions of that section relating to new trials and to perpetuating proofs shall apply to her case. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1647.

§ 510. Proceedings, if plaintiff admits defendant's claim.

In an action brought as specified in the last section, if the complaint admits the defendant's right of dower in the property described therein, or any part thereof, it must demand judgment that her dower be admeasured. In that case, if the defendant does not, by her answer, set forth facts showing that she is entitled to a greater right of dower, or another estate or interest in the property, than is so admitted, and demand judgment therefor, as if she was the plaintiff in an action for dower, the court must render an intérlocutory judgment, directing her dower to be admeasured, with

or without damages for its detention, as in an action for dower. The subsequent proceedings are the same, as if the defendant had, as plaintiff, recovered an interlocutory judgment in an action for dower. (Added by L. 1920, ch. 930, in effect April 15, 1921.). Derivation: Code of Civil Procedure, § 1648.

§ 511. Proceedings when defendant's claim is denied.

Where the plaintiff insists, in his complaint, that the defendant has not a right of dower in the property, he must demand judgment that she be forever barred from such a claim. In that case, or where the plaintiff admits a right of dower in the defendant, and the defendant in her answer demands judgment for a greater right of dower, or another estate or interest in the property, than is so admitted, the provisions of this article, relating to an action to compel the determination of an adverse claim in fee, or for life, or for a term of years not less than ten, apply to all proceedings subsequent to the answer. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1649.

§ 512. This article applies to corporations.

An action may be maintained, as prescribed in this article, by or against a corporation, or by or against an unincorporated association, as if it was a natural person, or such an action may be maintained by or against the receiver or other successor of any such corporation or association. (Added by L. 1920, ch. 930, in effect

April 15, 1921.),

Derivation: Code of Civil Procedure, § 1650.

11

ARTICLE 16.

(Article added by L. 1920, ch. 930, in effect April 15, 1921.)
ACTION FOR WASTE; OTHER ACTIONS.

SECTION 520. Who liable to action for waste.

521. Action for waste by heir, devisee, or grantor of reversion.
522. Action for waste by ward against guardian.

523. Action for waste by grantee of real property sold under
execution.

524. Judgment in action for waste against tenant of particular

estate.

525. Action for waste against joint tenant or tenant in common.
526. Interlocutory judgment for partition in action for waste.
527. Damages in action for waste to be deducted from defendant's

share.

528. View in action for waste.

529. Action for nuisance.

530. Action against certain persons holding over as trespassers.
531. Action by reversioner or remainderman.

532. Action by joint tenant or tenant in common.

533. Action for cutting or carrying off trees or timber.

534. When treble damages may be recovered in such action.
535. Action for forcible entry or detainer; treble damages.
536. Actions relating to real property situate without the state.

§ 520. Who liable to action for waste.

An action for waste lies against a tenant by the curtesy, in dower, for life, or for years, or the assignee of such a tenant, who during his estate or term, commits waste upon the real property held by him, without a special and lawful written license so to do; or against such a tenant, who lets or grants his estate, and still retaining possession thereof, commits waste without a like license. (Added by L. 1920, ch. 930, in effect April 15, 1921.) Derivation: Code of Civil Procedure, § 1651.

§ 521. Action for waste by heir, devisee, or grantor of reversion.

An heir or devisee may maintain an action for waste, committed in the time of his ancestor or testator, as well as in his own time. The grantor of a reversion may maintain an action for waste, committed before he aliened the same. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1652.

§ 522. Action for waste by ward against guardian.

Such an action may also be maintained against a guardian by

his ward, either before or after the termination of the guardianship, for waste, committed upon the real property of the ward, during the guardianship. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1653.

§ 523. Action for waste by grantee of real property sold under execution Where real property is sold by virtue of an execution, the person, to whom a conveyance is executed pursuant to the sale, may manintain an action for waste, committed thereon after the sale, against the person, who was then in possession of the property. (Added by L. 1920, ch. 930, in effect April 15, 1921.) Derivation: Code of Civil Procedure, § 1654.

§ 524. Judgment in action for waste against tenant of particular estate. If the plaintiff recovers in an action for waste, other than an action brought as prescribed in the next section, the final judgment must award to him treble damages. Where the action is brought by the person next entitled to the reversion, and it appears, in like manner, that the injury to the estate in reversion is equal to the value of the tenant's estate or unexpired term, or that it was done maliciously, the final judgment must also award to the plaintiff the forfeiture of the defendant's estate, and the possession of the place wasted. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1655.

§ 525. Action for waste against joint tenant or tenant in common.

An action for waste may also be maintained, by a joint tenant or tenant in common, against his co-tenant, who commits waste upon the real property held in joint tenancy or in common. If the plaintiff recovers therein, he is entitled, at his election, either to a final judgment for treble damages, as specified in the last section, or to have partition of the property, as prescribed in the next two sections. (Added by L. 1920, ch. 930, in effect April 15, 1921.) Derivation: Code of Civil Procedure, § 1656.

§ 526 Interlocutory judgment for partition in action for waste.

Where the plaintiff elects to have partition, as prescribed in the last section, if the pleadings, verdict, report, or decision, do not determine the rights and interests of the several parties in the property so held in joint tenancy or in common, the court must ascertain them, by a reference or otherwise. If it appears that there are persons, not parties to the action, who must have been made parties to an action for the partition of the property, they must be brought in by supplemental summons, and, if necessary,

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supplemental pleadings must be made. When the rights and interests of all the parties are ascertained, an interlocutory judgment for the partition or sale of the property must be rendered, and the subsequent proceedings thereon must be the same, as in an action for the partition of the property, except as otherwise prescribed in the next section. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1657.

§ 527. Damages in action for waste to be deducted from defendant's share. The plaintiff may elect to take final judgment for the single damages awarded to him, or that, in making the partition, or in dividing the proceeds of a sale, so much of the share of the defendant in the real property, or the proceeds thereof, as will be sufficient to compensate the plaintiff for his single damages, and the costs of the action, other than the expenses of making the partition or sale, be laid off or paid, as the case may be, to the plaintiff. The residue of the property or proceeds, not laid off or distributed to the plaintiff or the defendant, must be laid off or paid to the persons entitled thereto, according to their respective rights and interests. (Added by L. 1920, ch. 930, in effect April 15, 1921.) Derivation: Code of Civil Procedure, § 1658.

§ 528. View in action for waste.

In an action for waste, it is not necessary, either upon the execution of a writ of inquiry, or upon the trial of an issue of fact, that the jury, the judge, or the referee, should view the property. Where the trial is by a referee, or by the court without a jury, the referee or the judge may, in his discretion, view the property, and direct the attorneys for the parties to attend accordingly. In any other case, the court may, in its discretion, by order direct a view by the jury. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, § 1659.

§ 529. Action for nuisance.

An action for a nuisance may be maintained in any case, where such an action might have been maintained under the laws in force, immediately before this section takes effect. A person by whom the nuisance has been erected, and a person to whom the real property has been transferred, may be joined as defendants in such an action. A final judgment in favor of the plaintiff, may award him damages, or direct the removal of the nuisance, or both. This section does not affect an action, wherein the complaint demands judgment for a sum of money only. (Added by L. 1920, ch. 930, in effect April 15, 1921.)

Derivation: Code of Civil Procedure, §§ 1660-1663.

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