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§ 469.

Citations. Cal. 155/210. App. 10/646; 18/654; 14/299.

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§ 473.

Citations. Cal. 155/105, 491; 156/509, 576, 577, 579, 580; 157/194, 196, 492, 705, 706, 707, 708, 709; 158/110, 115, 116, 352, 353, 354, 355, 699, 701. App. 8/4, 261, 326, 327, 328, 433; 9/169, 170, 171, 190, 191, 754; 10/8, 306 (cited as 427), 475, 476; 11/260, 292; 12/6, 447, 448, 449; 13/61, 62, 63, 221, 223; 14/369, 720, 726.

§ 475.

Citations. Cal. 156/37. App. 8/224, 707; 9/863; 11/198, 293, 443; 12/375, 460; 13/207.

§ 476.

Citations. Cal. 158/114. App. 8/486.

§ 479.

Citations. App. 11/559.

§ 481.

Citations. App. 11/371, 559, 560.

§ 512.

Citations. App. 10/727, 729.

§ 525.

Citations. Cal. 157/794.

§ 526.

Citations. App. 9/778; 11/184.

Actions against officers.

§ 526a. An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to, the estate, funds, or other property of a county, town, city or city and county of the state, may be maintained against any officer thereof, or any agent, or other person, acting in its behalf, either by a citizen resident therein, or by a corporation, who is assessed for and is liable to pay, or, within

one year before the commencement of the action, has paid, a tax therein. This section does not affect any right of action in favor of a county, eity, town, or city and county, or any public officer; provided, that no injunction shall be granted restraining the offering for sale, sale, or issuance of any municipal bonds for public improvements or public utilities. [New section approved February 27, 1911; Stats. 1911, p. 87.] Citations. App. 14/664, 665.

Injunction. Notice. Party obtaining order must be ready. Defendant entitled to continuance. Precedence.

§ 527. An injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. A copy of the complaint or of the affidavits, upon which the injunction was granted, must, if not previously served, be served therewith. No preliminary injunction shall be granted without notice to the opposite party; nor shall any temporary restraining order be granted without notice to the opposite party, unless it shall appear from facts shown by affidavit or by the verified complaint that great or irreparable injury would result to the applicant before the matter can be heard on notice. In case a temporary restraining order shall be granted without notice, in the contingency above specified, the matter shall be made returnable on an order requiring cause to be shown why the injunction should not be granted, on the earliest day that the business of the court will admit of, but not later than ten days from the date of such order. When the matter first comes up for hearing the party who obtained the temporary restraining order must be ready to proceed and must have served upon the opposite party at least two days prior to such hearing, a copy of the complaint and of all affidavits to be used in such application and a copy of his points and authorities in support of such application; if he be not ready, or if he shall fail to serve a copy of his complaint, affidavits and points and authorities, as herein required, the court shall dissolve the temporary restraining order. The defendant, however, shall be entitled, as of course, to one continuance for a reasonable period, if he desire it, to enable him to meet the application for the preliminary injunction. The defendant may, in response to such order to show cause, present affidavits relating to the granting of the preliminary injunction, and if such affidavits are served on the applicant at least two days prior to the hearing. the applicant shall not be entitled to any continuance on account thereof. On the day upon which such order is made returnable, such hearing shall take precedence of all other matters on the calendar of said day, except older matters of the same character, and matters to which special precedence may be given by law. When the cause is at issue it shall be set for trial at the earliest possible date and shall take precedence of all other cases, except older matters of the same

character, and matters to which special precedence may be given by law. [Amendment approved February 15, 1911; Stats. 1911, p. 59.]

Citations. App. 11/4.

When injunction for use of water may be refused upon defendant giving bond.

§ 530. In all actions which may be hereafter brought when an injunction or restraining order may be applied for to prevent the diversion, diminution or increase of the flow of water in its natural channels, to the ordinary flow of which the plaintiff claims to be entitled, the court shall first require due notice of the application to be served upon the defendant, unless it shall appear from the verified complaint or affidavits upon which the application therefor is made, that, within ten days prior to the time of such application, the plaintiff has been in the peaceable possession of the flow of such water, and that, within such time, said plaintiff has been deprived of the flow thereof by the wrongful diversion of such flow by the defendant, or that the plaintiff, at the time of such application, is, and for ten days prior thereto, has been, in possession of the flow of said water, and that the defendant threatens to divert the flow of such water; and if such notice of such application be given and upon the hearing thereof, it be made to appear to the court that plaintiff is entitled to the injunction, but that the issuance thereof pending the litigation will entail great damage upon defendant, and that plaintiff will not be greatly damaged by the acts complained of pending the litigation, and can be fully compensated for such damage as he may suffer, the court may refuse the injunction upon the defendant giving a bond such as is provided for in section 532; and upon the trial the same proceedings shall be had, and with the same effect as in said section provided. [Amendment approved May 1, 1911; Stats. 1911, p. 1421.]

§ 532.

Citations. App. 10/169.

§ 537.

Citations. Cal. 155/212; 157/439; (subd. 1) 157/439, 440. App. 10/699; 12/191.

§ 538.

Citations. Cal. 157/438, 439. App. 12/501, 696; 13/460.

$539.

Citations. Cal. 157/240. App. 11/308; 13/398.

§ 540.

Citations. Cal. 157/438, 441. App. 11/671, 672, 673, 697, 699. § 541.

Citations. Cal. 157/576.

§ 542.

Citations. Cal. (subd. 4) 157/576. App. (subd. 5) 10/159.

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Citations. Cal. 158/480. App. 8/707, 771; 9/366; 18/32. § 581.

Citations. Cal. 156/260, 656. App. 9/167, 168, 169, 170, 171 § 581a.

Citations.

App. 11/160.

§ 583.

Citations. Cal. 156/719. App. 11/160.

§ 585.

Citations. Cal. 156/447. App. 12/4.

Motion to postpone a trial. Involving title to mining claim.

§ 595. A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. A trial shall be postponed when it appears to the court that the attorney of record, party, or principal witness is actually engaged in attendance upon a session of the legislature of this state as a member thereof. The court may require the moving party, where application is made on account of the absence of a material witness, to state upon affidavit the evidence which he expects to obtain; and if the adverse party thereupon admits that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial must not be postponed. In actions involving the title to mining claims, or involving trespass for damage upon mining claims, if it be made to appear to the satisfaction of the court that, in order that justice may be done and the action fairly tried on its merits, it is necessary that further developments should be made, underground or upon the surface of the mining claims involved in said action, the court shall grant the postponement of the trial of the action, giving the party a reasonable time in which to prepare for trial and to do said development work. [Amendment approved May 1, 1911; Stats. 1911, p. 1448.]

§ 604.

Citations. App. 13/661.

§ 610.

Citations. App. 14/489.

§ 611.

Citations. Cal. 158/367.

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§ 625.

Citations. Cal. 156/696. App. 8/228, 229; 9/444, 731; 10/323; 12/214, 221, 222, 532.

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