A Treatise on Code Pleading and Practice: Also Containing 1900 Forms Adapted to Practice in California, Alaska, Arizona, Idaho, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Other Code States, Volume 1

William Angus Sutherland

Bancroft-Whitney, 1910

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Title Page

Table of Contents

Index

Tender	1

In general	4

Parties to Civil Actions	6

Cause of action necessary	10

IV	16

FORMS OF DEMURRER	17

Assignees and Devisees	20

For injuries to personal property 24 In ejectment	21

Enlarging Time to Plead	519

Arbitration and award	520

Wifes separate estate	521

Husband and wifeImpotence	522

FORMS FOR ENLARGING TIME TO PLEAD 869 Form 266 Affidavit for extension of time to plead pending delivery of copy of account 870 For...	523

Form 268 Notice of motion for extension of time to answer 872 Form 269 Affidavit on motion to enlarge time to plead	524

Form 270 Order enlarging time to plead	525

Notices Affidavits and Orders in General	526

For injuries to the person	22

Trustee 27 Injuries to married woman	23

Section 1124	24

Sole traders 29 For injuries to minor child or servant	27

For seduction	28

Parties Defendant	32

Actions against assessors 34 For breach of contract	33

Unnecessary parties 36 Objection to nonjoinder 37 Waiver of defects in parties defendant	34

Actions against executors and administrators	35

Foreclosure of mortgages and mechanics liens	36

Action for fraud	40

In ejectment	41

Married woman	42

Actions by or against infants 44 For infringement of patent	44

Mandamus 46 Water and watercourses 47 Injunction 48 Injuries caused by negligence	45

Action for legacy charged on land 50 Actions against partners	46

Actions against principal and agent	47

Actions for trespass 53 Actions against trustees	48

Persons severally liable on same obligation or instrument	49

On judgment 56 Joinder of parties not bound 57 Joinder of corporation	51

Substitution of Parties and Pleadings	53

Bankruptcy 60 Transfer of interest	54

Death effect of 62 Partition	55

Practice 64 Order conclusive 65 Substitution of partiesMatters of practice	56

Substituting true name 67 Substitution of papers 68 Lost pleading	57

FORMS IN SUBSTITUTIONS 69 Form 1 Petition by receiver to be substituted as a party to a pending action 70 Form 2 Notice of motion to substitut...	58

Form 3 Affidavit therefor 72 Form 4 Order thereon 73 Form 5 Affidavit for substitution by assignee of plaintiff	59

Form 6 Affidavit by husband after marriage of female plaintiff to continue cause in joint names of husband and wife 75 Form 7 Order by consent su...	60

Form 8 Affidavit by defendant to have plaintiffs executor substituted 77 Form 9 Notice of motion on behalf of defendant for substitu tion of plaintiff...	61

Form 10 Order of substitution 79 Form 11 Novation by substitution of new creditor 80 Form 12 The same in case of a promise to apply indebtedness...	62

Form 13 Order for revivor and continuance	63

Form 14 Affidavit for supplying the place of a lost pleading	64

General Rules of Pleadings	65

Object of pleadings 85 Construction of pleadings	66

Construction of verified pleadings	68

CHAPTER IX	70

Form of actions abolished 88 Mode of stating factsLogical order	72

Allegation of facts by direct averment	73

Certainty and clearness of allegations 91 Allegation of facts in ordinary and concise language 92 Language	74

Errors in writing grammar or spelling	76

Allegations	78

What are conclusions of lawExamples	79

Examples of conclusions of	80

What facts should be allegedEssential facts	82

Unnecessary averments	83

Immaterial irrelevant and redundant matter	85

Formal Parts of Pleadings	87

Venue 105 Names of parties	88

Mistakes in names	90

Fictitious names	91

Suits by or against corporations 109 Commencement 110 Prayer	92

Prayer for specific and general relief 112 Prayer for legal and equitable relief	93

Inconsistent prayer	94

FORMS OF PARTS OF PLEADINGS 114 Form 15 CaptionTitle of cause 115 Form 16 Title of cause where some of the parties are unknown 116 Fo...	95

Form 18 The state on the relation of an individual 118 Form 19 By guardian ad litem 119 Form 20 By assignee for creditors 120 Form 21 By and ag...	96

Form 22 By an officer of the state	97

Form 27 Caption of papers on habeas corpus 127 Form 28 Caption of papers on disbarment of an attorney 128 Form 29 Caption of papers used in ot...	98

Form 32 CommencementBy one suing for himself and others 132 Form 33 Conclusion of complaint 133 Form 34 Form of complaintComplete 134 ...	99

Form 36 Formal parts of defendants pleadingsCommence ment of demurrer 136 Form 37 Form of answer 137 Form 38 Commencement of answer b...	100

Form 39 Commencement of answer by an infant 139 Form 40 Commencement of answer by an insane person 140 Form 41 Commencement of answ...	101

Form 45 Order of a court in an action 145 Form 46 Caption commencement and conclusion of affidavits 146 Form 47 Jurat where deponent is blind...	102

Form 49 Clerks certificate to copy of complaint 149 Form 50 Certificate of clerk to affidavit	103

Verification of Pleadings	104

Written pleadings T 153 Authority to take 154 Verification of complaint	105

In disbarment proceedings 156 In actions and defenses on written instruments	106

Effect of verifying complaint	107

Verification of the answer 159 Answer in condemnation suit 160 Answer in tax suits	108

Sufficient and defective verification	109

By guardian 165 By attorney or agent	110

By one of several parties 167 By an officer of a corporation	111

On information and belief	112

Counter statements FORMS OF VERIFICATION OF PLEADINGS 170 Form 51 Verification by sole plaintiff or sole defendant 171 Form 52 On info...	113

Form 54 By two parties severally 174 Form 55 By officer of corporation 175 Form 56 By attorney or agent when the facts are within his personal kn...	114

Form 57 By agent when the party is absent from the county 177 Form 58 When the absent plaintiff is a corporation 178 Form 59 Verification of peti...	115

Form 60 Formal parts of affidavit in an action 180 Form 61 Jurat affiant blind or illiterate 181 Form 62 Jurat affiant a foreigner 182 Form 63 Authe...	116

Form 64 Jurat taken before commissioner without the state	117

The Complaint	118

CHAPTER XIV	120

Accrual of right and allegation thereof 188 Facts to be stated	121

ComplaintJoinder of Causes	124

Contract and tort	125

Meaning of term same transaction	126

Must affect all parties to the action	127

Separate statement of causes of action	128

Accounts 195 Causes of action may be united	130

Claims in two capacities	131

Classcommon counts Contracts 197 198	132

Contract of partners	133

Each cause complete 201 Injuries to the person 202 Injuries to person and property	134

Nuisance 204 Injuries to property	135

Jurisdiction 206 Money counts and warranty 207 Money had 208 Quantum meruit 209 Separate demands	136

Several counts 211 Single cause of action 212 Specific performance	137

Specific personal property 214 Specific real property	138

Specific relief 216 Trespass	139

Form 65 Cause of action under the money counts	140

ComplaintSplitting of Causes	142

Entire cause of action what is 220 Entirety of cause of action under contract	143

Entirety of cause of action for tort	145

Effect of splitting of cause of action	146

CHAPTER XVII	147

AssumpsitCommon counts	149

Allegations of promise	150

Allegations of consideration	151

Alleging performance or excusing nonperformance	152

Allegations as to performance where conditions are concurrent	154

Averment of breach	155

Allegations of special damages	157

Allegations in action for injuries resulting from negligence 233 Degrees of negligence 234 Contributory negligence	159

When verification may be made	161

Form and venue	162

The Demurrer	164

Grounds for demurrer	165

Effects of a demurrer	168

What a demurrer admits	169

Amendment of demurrer 242 When a demurrer lies	170

Form 66 Demurrer to some of several causes of action and to the whole complaint	171

When demurrer will not	173

The sameMotion to strike out 245 Demurrer will not	174

Objections to prayer for relief	176

General demurrer	177

Special demurrer	179

Joint demurrer 250 Causes or grounds for demurrer	180

XX	181

Other action pending 268 The same Foreclosure 269 Former adjudication	187

Other action pendingQuieting title 271 The sameJudgment 272 The same Ground 273 Defect of parties	188

Nonjoinder of parties	189

The sameObjection how and when taken	190

The sameStatement 277 Misjoinder of executor 278 MisjoinderForm of demurrer 279 Ground for demurrer	191

Too many plaintiffs	192

Actions improperly united 282 Actions not separately stated 283 The sameConversion	193

The sameWhen demurrer lies	194

The sameContinued 286 The same Waiver of objection	195

Fraudulent conveyance 287a Mandamus and injunction 288 Husband and wife	196

Injuries to person and property 290 Joint demurrer 1	197

Penalties 293 Recognizance 294 Sheriff action against	198

Trespass 296 Insufficient facts 297 The sameAttachment	199

Bill of exchange 299 Cloud on title 300 Date illegal 301 Insufficient facts 302 The sameDefective complaint	200

Defect of parties	201

Definition of terms 305 Insufficient factsDemurrer how taken	202

UncertaintyDivorce 307 The sameEffect	203

The sameLaches 309 The sameExhibits 310 Guaranty 311 Inferential statement 312 Liens	204

Res adjudicata 317 Securities	205

Services of physician 319 Specific relief 320 Stamp on note 321 Statement of grounds 322 Statue of frauds	206

Statute of limitations	207

Statutory penalty 325 Undertaking on attachment 326 Admissions by demurrer 327 What it admits	208

Written instrument 329 Foreclosure of mechanics lienConclusion of law 330 TrespassUnavailing demurrer 331 Action commenced in wrong county	209

Ambiguity	210

Ejectment	211

Official bond 335 Uncertainty of descriptionConjunctive demurrer 336 The same Agency 337 Defect must be apparent	212

Waiver of objectionsFailure to demur	213

Complaint and demurrer theretoMiscellaneous cases	214

DemurrerMiscellaneous decisions pertaining	216

Sufficiency of complaintMiscellaneous decisions 342 The same Alleging unilateral contract 343 The same Action for recovery of personal property	217

The sameFailure to aver demurrer 345 The sameAction for removing fixtures 346 The same Allegation of damages	218

The same Alleging mutual mistake 348 The same Preemption claimConclusion of law 349 The same Action to determine right to patent 350 The sam...	219

The same Action against garnishee 352 The sameSpecific performance 353 The sameAverments probate of willOwnership	220

The same Dismissal for want of parties 355 The same Allegation negativing presumption of payment 356 The sameMiningclaim contest	221

The sameAction to contest right to purchase state lands	222

Form 67 Demurrer based on statute of limitations 365 Form 68 On the ground of want of jurisdiction 366 Form 69 On the ground of want of capacit...	226

Form 71 On ground of defect of parties 369 Form 72 On ground of misjoinder of parties 370 Form 73 On ground of misjoinder of causes of action ...	227

Form 76 Several grounds of demurrer 374 Form 77 Demurrer to counterclaim or setoff	228

Form 78 Demurrer to defendants plea 376 Form 79 Demurrer to defense in answer 377 Form 80 General demurrer to petition in equity 378 Form 81...	229

Form 82 Demurrer to return to alternative writ of mandamus 380 Form 83 Order sustaining demurrer 381 Form 84 Order overruling demurrer 382 ...	230

Form 86 Order sustaining demurrer in part and overruling it in part 384 Form 87 Judgment for defendant after order sustaining de murrer	231

XXI	233

Answer under the codes	234

Objections not appearing on face of complaint	235

Time to answer	236

Mode of pleading defense	237

Denials in general	240

Statute or writing 392 Defense of insurance company	242

FORMS OF ANSWERS 393 Form 88 Formal parts of answerGeneral form 394 Form 89 Interposing both denial and new matter in defense	243

Form 90 Denial by assignee 396 Form 91 Specific denial 397 Form 92 General outline form of answer denial justification and mitigation Libel	244

Form 94 Commencement of answer by defendant appearing in person 400 Form 95 The sameBy defendant sued by wrong name 401 Form 96 The s...	245

Form 97 The sameBy lunatic 403 Form 98 The same By husband and wife answering jointly 404 Form 99 Answer alleging partial defense 405 Form...	246

XXII	247

Definition of general denial	248

What evidence is admissible	250

When general denial is allowable	251

Several causes of action	252

Time for plaintiff to demur	253

Plaintiffs grounds for demurrer	254

Want of jurisdictionDemurrer	255

The sameSeveral causes of action	256

Legal capacityCompanyMembership	257

The same	258

The same Corporation	259

The sameDefect apparent	260

The sameForeign state	261

The sameGuardian	262

Immaterial allegations	263

Insufficient denial	264

Sham matter	265

Contract 424 The sameDemand	266

Denial of fraud 426 Judgment on answer 427 Admissions in the answer	267

Admissions by failure to deny	269

Answer not evidence 430 Verification of answer	270

FORMS OF GENERAL DENIAL 431 Form 102 General denial 431a Form 103 General denial of one of several causes of action	271

Form 104 General denial in replevin 433 Form 105 General denialPositive 434 Form 106 General denial as to part of a pleading	272

Form 110 Another form 439 Form 111 Another form 440 Form 112 Controverting conditions precedent 441 Form 113 Denial of deed 442 Form 1...	273

Form 115 Denial of demand 444 Form 116 Denial of falsity 445 Form 117 Denial of fraud 446 Form 118 The sameAnother form 447 Form 119 Sp...	274

Form 120 Denial of partnership 449 Form 121 Denial of representations 450 Form 122 Denial of sale 451 Form 123 Denial of a trust 452 Form 124 ...	275

DENIALS RELATING TO CAPACITY TO SUE 453 Form 125 Denials of assignment 454 Form 126 Allegation of payment to assignor without noti...	276

Form 128 Denial of representative character	277

DefensesNew Matter	278

Examples of new matter	280

Pleas	281

Pleas in abatement	282

Joint plea as to one defendant 462 Waiver by pleading to merits	283

Pleas in	284

Effect of special pleas	285

Matter in avoidance	286

Joinder of defenses	287

Denial on information and belief 468 Colorado rule	291

Information and beliefDamages 470 The same Judgment 471 On information and beliefDeed	292

Presumption of knowledge	293

Form of denial for want of information or belief	294

FORMS OF DENIAL ON INFORMATION AND BELIEF 474 Form 129 Denial of knowledge explaining cause of ignorance 475 Form 130 Denial o...	296

DefensesSpecial Pleas	297

Another action pendingForeign suits 480 The sameIdentity of cause and parties	298

The sameWhat must be shown	299

Equitable defense and how pleaded 483 AnswerVariance	300

Another actionWhen defense does and does not	301

AwardPerformance	302

BankruptcyEssential averments	303

The samePresentation of papersVoluntary assignment	304

CompromisePleadings	305

Debt not due 490 AbatementWhen does not abate	306

AbatementDeath of sole plaintiff 492 Abatement Death of sole defendant	307

AbatementDeath of one of several defendants 494 AbatementDeath of husband 495 AbatementDeath of wife 496 AbatementDeath of appellant	308

AbatementDeath before trial 498 AbatementDeath before argument 499 AbatementDeath after verdict	309

AbatementDeath before or after judgment 501 Death pending supplementary proceedings 502 Death of party in equitable actions 503 AbatementPart...	310

AbatementSuggestion of death 505 Substitution of party and revivor 506 Duress what amounts	311

Dismissal of suit	312

Former judgment 509 Former judgmentEssential allegations	313

Former judgmentParties 511 Foreign adjudicationEssential allegations	315

Former judgmentOffer of testimony in 513 Former judgmentWhen a	316

Former judgmentWhen not a	317

Former judgmentWhen an estoppel 516 Fraudulent misrepresentations	318

FraudEssential allegations 518 Wife as plaintiffEffect of divorce	320

The samePromissory note 524 Misjoinder of parties	322

Misnomer must be pleaded 526 Nonjoinder	323

Tenants in common 528 Jointly liable	324

PaymentHow and when must be pleaded	325

Payment by note 531 PaymentAcceptance of negotiable paperCheck 532 ReleaseHow pleaded and effect	328

Statute of frauds	331

Ultra vires	332

Limitations of action 536 Statute of limitations	333

LimitationsConstruction of answer 538 Statute of limitationsConstrued	334

LimitationsEssential allegations	335

LimitationsStatutes of different states	337

LimitationsSuspension of remedy 542 When action commenced 543 When cause of action accrues 544 Statute of limitationsContinued	338

TenderHow made and effect	340

Tender Issue joined 547 Real party in interestAllegations	341

AssigneesSubstitution	342

Setoff 550 Consolidated corporation	343

Incorporation denial	344

Municipal corporations	345

Dissolution of corporation 554 CorporationsEstoppel 555 EstoppelHow pleaded	347

CorporationsStockholders answer 557 Nonjoinder of stockholders 558 Failure of considerationEssential and sufficient allegations	348

JurisdictionEssential allegations	350

JurisdictionAllegations effect of FORMS OF DEFENSES IN ABATEMENT 561 Form 132 No jurisdiction of the subject or person 562 Form 133 Th...	352

Form 134 That a court of the United States possesses exclusive jurisdiction 564 Form 135 Accord and satisfaction 565 Form 136 Alteration of contra...	353

Form 137 Another action pending	354

Form 140 The same By composition deed 570 Form 141 Compromise 571 Form 142 Credit unexpired 572 Form 143 Former judgment	355

Form 144 Death of defendant before suit 574 Form 145 Duress 575 Form 146 Fraud 576 Form 147 Infancy of plaintiff	356

Form 148 Infancy of defendant 578 Form 149 Marriage of plaintiff 579 Form 150 Marriage of defendant 580 Form 151 Defendant an Indian	357

The sameInjunctionInterference with franchise	358

The sameWill contest	359

The samePertaining to trusts	360

Defects in complaint cured by answer	361

Standing on demurrer	362

Form 172 Statute of limitations California Code of Civil Pro cedure section 458	363

Form 175 Assignment of cause of action by plaintiff to third person 605 Form 176 Tender 606 Form 177 Payment as to part and tender as to residue...	364

Form 179 Want of capacityAlien enemy 609 Form 180 Want of capacityAssignment 610 Form 181 Want of capacityDenial of plaintiffs corporation	365

Form 182 Want of capacityDenial of trusteeship 612 Form 183 Denial of subscription of stock	366

Form 187 Pendency of partnership cause in answer to partition suit 617 Form 188 Estoppel 618 Form 189 Estoppel by former judgmentPleading for...	367

Form 190 Want of capacityPartnership of the defendant 620 Form 191 Want of considerationCommon form 621 Form 192 The sameThat the debt ...	369

Form 194 Want of jurisdiction of the person 624 Form 195 The same By foreign corporation 625 Form 196 Want of jurisdiction of the subject	370

Counterclaim	371

Essential features of the counterclaim	372

Must be an existing claim	373

Assignment of ground of claim	374

Mutuality of demands	375

Unliquidated demands	376

Equitable defenses and setoff	377

Same transaction	378

Subject of the action	380

Tort as subject of counterclaim	381

Contracts and torts	383

Construction of statute	384

Counterclaims arising upon contract	385

Jurisdiction	386

Necessity to plead	387

Form of pleading	388

Designation of pleading 643 Answer or demurrer	390

FORMS OF COUNTERCLAIMS 644 Form 197 Counterclaim against carrier for negligence	391

Form 198 Defenses and counterclaims pleaded together 646 Form 199 Plaintiffs reply 647 Form 200 Counterclaim by way of setoff against plaintiffs...	392

Form 201 Another action pending 649 Form 202 Counterclaim for breach of warranty	393

Form 203 Equitable counterclaim for specific performance	394

Form 204 Counterclaim for breach of warranty 652 Form 205 Payment in part and deficiency in the goods exceed ing the balance with counterclaim...	395

Form 206 Statement admitting counterclaim	396

CrossComplaint	397

Against whom relief may be sought	398

Necessity for relation to original complaint	399

Dismissal of complaint 658 Allegations	401

Filing and service	403

FORMS OF CROSSCOMPLAINT 660 Form 207 By defendant outline form 661 Form 208 Crosscomplaint for divorce for plaintiffs adultery 662 Fo...	404

Several Defenses	405

What answer waives	406

Crosscomplaint and counterclaim 667 In an action for conversion	407

Commencement and conclusion 669 Each defense must be complete	408

Joint answer 671 Must be consistent	409

Inconsistent defenses	410

Prayer in answer 674 Separate answer	411

Several defenses FORMS SEVERAL DEFENSES 676 Form 210 Demurrer and answer 677 Form 211 Several defenses and a counterclaim	412

Form 212 Several defensesAnother form	413

XXVIII	414

Time to answer	417

CHAPTER XXIX	419

Petition 683 Appeal 684 Assignees	420

Attachment suits	421

Dismissal 687 Ejectment 688 Foreclosure	422

Interest of parties 690 Mechanics lien	423

Nonsuit 692 Ordering in necessary parties	424

Specific performance 694 Sureties	425

Tax 696 Who may intervene 697 InterventionMiscellaneous casesPleading	426

Interpleader	428

FORMS OF INTERVENTION AND INTERPLEADER 699 Form 213 Commencement of complaint by intervener 700 Form 214 Order allowing inte...	429

Form 215 Order to bring in necessary parties without motion 702 Form 216 Affidavit in action to recover money	430

Form 217 Affidavit where action is brought to recover specific personal property 704 Form 218 Notice of motion to allow party to interplead	431

Form 219 Order of interpleader 706 Form 220 Petition by landlord to be made defendant in action of ejectment	432

Form 221 Notice of motion to make party defendant 708 Form 222 Order making third person a party defendant	433

Form 223 Petition for intervention by third person whose prop erty is attached 710 Form 224 Petition for intervention in replevin	434

Form 225 Petition by owner of chattels to intervene in replevin 712 Form 226 Order to show cause why petition for intervention should not be grant...	435

Form 227 Petition of intervening creditor to set aside prior attachment	436

Form 228 Order of hearing of said petition 715 Form 229 Order vacating attachment	437

Form 230 Order awarding issues on said petition 717 Form 231 Garnishees answer by way of interpleader	438

Form 232 To obtain interpleader in equity	439

Form 233 Affidavit by defendant for interpleader of third per son in action of replevin	440

Form 234 The same where the third party claims a part only 721 Form 235 Order of interpleader of the property	441

Form 236 Delivery of specific property and appointing receiver therefor	442

Replication	444

FORMS IN REPLICATION Section 762 Form 237 Demurrer to answer 763 Form 238 Reply to counterclaim 764 Form 239 General denial of new ...	457

Form 240 Special denial 766 Form 241 Reply interposing both denial and new matter 767 Form 242 Reply of statute of limitations 768 Form 243 D...	458

Form 245 Order for judgment for want of reply	459

Form 246 Judgment thereon 772 Form 247 Order compelling reply	460

Supplemental Pleadings	461

When allowed	462

After reversal 776 Discharge of debt 777 Foreclosure 778 Judgment	463

Parties changed 780 Title acquired 781 Title lost 782 Answer to supplemental pleading 783 Amendment 784 Effect of supplemental pleading	464

FORMS OF SUPPLEMENTAL PLEADINGS 784a Form 247a Supplemental complaint 784b Form 247b Notice of motion for leave to continue acti...	465

XXXII	468

Amendment of pleadings	469

Changing form of action 789 When allowable	471

Amendments of course	473

Amendment by leave of court	475

Manner of amending 793 Amendments at trial 794 Amendments at trialContinued	478

Amendment to conform to proofs 796 Amendments after trial	482

Answer to the merits	485

Amendment of judgment or record	486

What amendments should be allowed	487

Amendment of complaint	489

The sameEffect of amended complaint 801 The sameIn particular actions	491

The same Objection to original complaint 803 The sameTime to answer 804 Verification of complaint	492

Amendment of answer	493

Amendment of demurrer 807 AmendmentRelief against mistake	494

Amendment of affidavit 809 Amendment on appeal from justices court 810 Practice on amendments	495

The sameTrustee	497

Right to answer amended pleadings 813 Statement in order 814 Statement in motion	498

Irrelevant pleading defined 816 Amendment of undertaking 817 What may be stricken	499

Election between counts 819 Statement in motion 820 Costbill 821 Ambiguous answer	501

FORMS FOR AMENDMENTS Section 842 Form 248 Notice of motion to amend complaint by striking out coplaintiffs and making them defendants...	512

Form 250 Order giving leave to amend 845 Form 251 Notice of motion to strike out irrelevant or redundant matter	513

Form 252 Order to strike out irrelevant or redundant matter 847 Form 253 Notice of motion to require plaintiff to elect between several counts of co...	514

Form 255 Notice of motion to strike out sham answer 850 Form 256 Notice of motion to strike out irrelevant answer 851 Form 257 Order striking o...	515

Form 258 Notice of motion for leave to correct fictitious name 853 Form 259 Affidavit to obtain leave to correct fictitious name 854 Form 260 Orde...	516

Form 261 Notice of motion to amend complaint by adding de fendant 856 Form 262 Order of court granting leave to amend 857 Form 263 The sa...	517

Form 265 Notice of motion to consolidate actions	518

The true practice	527

Service of notice 877 Appearance	528

Computation of time 879 Consolidation of actions	529

Construction 881 Discretion 882 Contents of notice	530

Objection waived 265 Receiver 265a Special administrator 266 Capacity to	531

Notice to attorney 886 Order of courtEntry nunc pro tunc	532

Order to show cause 888 Order when granted 889 Res adjudicata 890 Restitution of rights after reversal of judgment	533

Rule to show cause 892 Service how made	534

Proof of service 894 Service by mail	536

Service on nonresidents 896 MotionsKnowledge of judge 897 The sameRenewal	537

The sameDilatory not favored 899 The sameAbandonment of 900 The sameIn transcript when considered 901 Waiver of written notice	538

OrdersOrder made during vacation 903 The samePresumption in favor of 904 The sameEntry of in minutes 905 Title of action 906 Transfer of moti...	539

Denial of execution 908 Actions for real property 909 Service of order 910 Costs security	540

Costs security ofFrom whom required	541

FORMS OF NOTICES OF MOTIONS AFFIDAVITS ETC 912 Form 271 Form of notice 913 Form 272 Affidavit denying genuineness and due exec...	542

Form 274 Order allowing party to enter for survey 916 Form 275 Notice requiring security for costs	543

Form 276 Notice of application to perpetuate testimony 918 Form 277 Notice of perpetuation of testimony as against all persons to be given by com...	544

Form 278 Allegation of waiver of demand and notice before or at maturity 920 Form 279 Notice of acceptance of order to allow judgment 921 For...	545

Form 281 Judgment thereon 923 Form 282 Notice of acceptance of offer to liquidate damages 924 Form 283 Judgment after trial of appeal from aw...	546

Form 284 Notice of application for additional security	547

Form 285 Order on application for guardian ad litem	548

Form 286 Notice of hearing or trial by party 928 Form 287 Notice of bona fide purchaser	549

Form 288 Notice of ownership of attached property by third person 930 Form 289 Notice of taxation of costs accompanying bill 931 Form 290 Noti...	550

Form 291 Waiver of notice of subsequent proceedings 933 Form 292 Notice for special purpose only 934 Form 293 The same with motion to set asi...	551

Form 294 Notice of motion by plaintiff for judgment on the pleadings 936 Form 295 Notice of motion for dismissal	552

Form 296 Notice of motion to sue on judgment in the same court 938 Form 297 Notice of motion on petition for leave to sue a receiver 939 Form 2...	553

Form 299 Order granting leave to bring action upon the bond of an executor administrator or testamentary trustee 941 Form 300 Notice of motion o...	554

Form 301 Order granting motion to open default judgment 943 Form 302 Notice of motion to compel plaintiff to elect between several counts settin...	555

Form 303 Affidavit for same 945 Form 304 Order requiring election	556

Form 305 Notice of motion to strike out answer 947 Form 306 Affidavit to falsity of answer	557

Form 307 Corroborative affidavit 949 Form 308 Order thereon 950 Form 309 Notice of motion to strike out irrelevant redundant or scandalous matt...	558

Form 310 Notice of motion to substitute officers successor 952 Form 311 Affidavit therefor	559

Form 312 Order thereon 954 Form 313 Notice of motion by plaintiff to revive action against personal representatives of deceased defendant 955 For...	560

Form 315 Order thereon AFFIDAVITS IN ACTIONS 957 Form 316 Formal parts of affidavit	561

Form 317 The same by two or more affiants 959 Form 318 Affidavit on which to move for security of costs 960 Form 319 Affidavit to obtain securi...	562

Form 320 Afiidavit for security when plaintiff or sureties be come nonresident after action brought 962 Form 321 Affidavit to obtain stay of proceed...	563

Form 322 Order staying proceedings on foregoing affidavit 964 Form 323 Order allowing amended pleading	564

Form 324 Order for inspection and copies	565

Form 325 Order to furnish bill of particulars 967 Form 326 Order for further bill of particulars	566

XXXV	567

Form 139 Bankruptcy	568

Limited jurisdictionProbate 971 Limited jurisdiction 972 Powers of courts at chambers	569

Concurrent jurisdiction	570

Appellate jurisdiction	571

Jurisdiction of state courts	572

Extraterritorial jurisdiction of state courts	574

Jurisdiction determined by amount in controversy	576

In justices courts	579

real property	580

Justice courtAmount in controversy	581

Venue	582

Transitory actions 985 Actions affecting lands	584

Actions against counties 987 Place where cause of action arose	586

Change of Venue	592

Grounds for change	593

Application for change	594

Demand for change	595

Joinder of defendants	596

Affidavit of merits	597

Contents of affidavit stating grounds	598

Affidavit on ground of disqualification of judge 998 Affidavit resisting motion for change	600

Hearing of motion	601

Effect of motion on courts power 1001 Mandamus to compel hearing 1002 Appeal from order	603

FORMS FOR CHANGE OF VENUE 1003 Form 327 Demand for change 1004 Form 328 Consent to change	604

Form 329 Demand for change by defendants attorney com bined with notice of retainer 1006 Form 330 Notice of motion for change 1007 Form 33...	605

Form 332 Statement of groundnot the proper county from situation of subjectmatter	606

Form 333 The sameNot the county where cause of action arose 1010 Form 334 Affidavit on the ground of nonresidence 1011 Form 335 Affidavit o...	607

Form 337 Affidavit on the ground of disqualification of the judge 1014 Form 338 Affidavit resisting motion for change	608

Form 339 Order to show cause with stay of proceedings 1016 Form 340 Order changing venue on judges own motion 1017 Form 341 Order denyin...	609

Form 342 Order granting change of place of trial 1019 Form 343 Order to transfer cause to another court on account of disability of judge	610

XXXVIII	611

Right of removal 1023 Party entitled to removal	612

What causes are removable	615

Local prejudice or denial of civil rights as ground for removal	616

Removal where federal question involved	617

Right of removalHow determined	619

Waiver of right to remove 1029 Petition for removal	620

Record to show jurisdiction	621

PetitionsWhen to be made	622

Notice of application 1033 Bond and order	623

FORMS FOR CHANGE TO FEDERAL COURT 1034 Form 344 Entry of appearance 1035 Form 345 Petition for transfer from state court to a circuit...	624

Form 346 The same On ground of prejudice or local influence under act of 1887	625

Form 347 Affidavit of prejudice or local influence to accompany the foregoing petition 1038 Form 348 Bond on removal under act of 1887	626

Form 349 Petition for removal on ground of citizenship under act of 1887	627

Form 350 The same 1041 Form 351 Notice of motion for removal	628

Form 352 Order to show cause 1043 Form 353 Order for removal of cause to United States court	629

Form 354 Writ of certiorari under section 7 of the act of March 3 1875	630

XXXIX	631

Requisites of the writ	632

Notice to appear	634

In action on contract for money or damages	635

Time for appearance	636

Amendment of summons	637

Form of summons	638

Summary proceedings for obtaining possession of real property	639

Action in justices court 1054 Justices courtService of summons	640

Alias or additional writs	641

Service of summons	643

Mode of service in general 1058 Redelivery and service after return 1059 Service by sheriff effect	644

Service by deputy 1061 On a minor 1062 On corporations	646

On partners 1064 Abuse of process 1065 Service by whom made 1066 Husband and wife defendants	647

Personal serviceMode	648

Time for service 1069 Substituted service	651

FORMS OF SUMMONS 1070 Form 355 Summons in action on contract for payment of money only	652

Form 356 The sameSummons in justices court	653

Form 357 Summons in action to foreclose mortgage	654

Service of Summons by Publication	655

Affidavit for order	657

Amendment of affidavit 1076 Order for publication	659

Mailing copy to defendant	661

Sufficiency of publication	662

Time to appear	664

Proof of publicationBy whom made and what to contain 1081 Service by publication when conclusive	665

FORMS FOR PUBLICATION OF SUMMONS 1082 Form 358 Affidavit for publication of summons	666

Form 359 Order for publication of summons	667

Form 360 Affidavit of publication	668

Form 361 Affidavit of service by mail of summons and copy of complaint	669

XLI	670

Form and sufficiency of return	671

Amendments of summons and return	674

Defects in summons	675

Construction and operation of return	676

Conclusiveness or return or certificate 1092 Evidence and presumptions	677

Acknowledgment of service	678

FORMS FOR PROOF OF SERVICE Section 1094 Form 362 Return of sheriff on summonsGeneral form 1095 Form 363 Where one defendant was n...	679

Form 365 Affidavit of service of summonsAnother form 1098 Form 366 Admission of due service 1099 Form 367 Simple admission not conceding ...	680

Appearance	681

Appearance by attorney	683

Authority of attorney	684

Form 368 Notice of appearance	686

Lis Pendens	687

Operation and effect of notice	688

Necessity for filing	690

Actions and property to which statute is applicable	691

New notice necessary when 1111 Diligence in prosecution required	692

Effect of dismissal FORMS OF LIS PENDENS 1113 Form 369 In an action to foreclose a mechanics lien	693

Form 370 In an action to establish a trust 1115 Form 371 In an action for specific performance 1116 Form 372 Notice of pendency of action of eject...	694

Form 373 Lis pendens in an action in which a warrant of attachment affecting real property has been issued S Dakota 1118 Form 374 Notice of suit ...	695

Form 375 NoticeForeclosureTendency of action 1120 Form 376 Notice of suit in partition 1121 Form 377 Notice of pendency of action to quiet title	696

Form 378 Complaint for maliciously filing a lis pendens	697

Form 379 In application for laying out widening vacating or extending street alley waterchannel park highway or other public place	698

XLIV	699

Mixed issues of law and fact	710

Trial in General	712

Necessity for replication	724

Chancery practice	725

Conclusion	726

Counterclaim of defendant	727

Form	728

When not permitted	729

Sufficient reply	730

Departure from complaint	731

Trial by the Court	732

Performance	733

To plea in	734

To plea in avoidance	735

To plea of former recovery	736

To plea of fraud	737

To plea of judgment	738

To plea of justification	739

To plea of payment	740

To plea of performance	741

To a plea of privilege by an attorney	742

To a plea of usury	743

Facts must be alleged	744

Facts must be traversed	745

Fraud as a reply	746

Insufficient reply	747

Promissory note	748

ReplyWhen unnecessary	749

ReplySufficiency	750

ReplyTime of filing	751

RejoinderIts office	752

Breach of agreement	753

Conversion	754

Demurrer to reply	755

Departure	756

Trial by Jury	757

Goods sold	758

Insurance policy	759

Obstructing highway	760

Withdrawal and substitution of plea	761

Challenge to juror	762

Grounds of challenge	763

Challenge how tried	765

Jury sworn	766

Evidence adduced 1204a Matters of judicial notice	767

Privileged communicationsAttorney and client	768

Husband and wife 1207 Physician	770

Priest 1209 Public officer 1210 Witnesses in general 1211 Who may be witnesses	771

Children 1213 Parties to suits	772

Partner surviving	773

Religious belief 1216 Practice on evidenceContradictory statements	774

Crossexamination	775

Discretion of court 1218 1219 Books of account 1220 Historical books	776

Deeds and contracts 1222 Letters correspondence 1223 Public documents	777

Court records	778

Impeachment of witness	779

Party not bound by statements 1227 Recalling witness	780

Order of proof 1229 Limiting number of witnesses 1230 Refreshing memory of witness	781

Argument of counsel	783

Opening statement 1233 Reading law to jury 1234 Instructions to jury	784

Taking case from jury 1236 Instructions how given	787

Form and sufficiency of instructionsGenerally	788

1237a Instructions in writing	791

Misleading and erroneous instructions	792

Instructions refused	794

Refusal of instructionsContinued	796

InstructionsHow construed 1242 The sameModification or amendment	798

The samePresumptions 1244 The sameDuty of jury to follow	799

The sameError when cured 1246 Conduct of the jury	800

Misconduct of jury	802

View of property or premises by jury 1249 Withdrawal of case from jury	803

1249a Excusing juror 1250 Fees of jury 1251 Amendment of verdict	804

Chance verdict	805

Character and form of verdict 1254 Claim and delivery form of verdict in actions	806

Conclusiveness of verdict	807

Directing verdict	808

Entry of verdict	809

Errors cured 1259 General verdict	810

How authenticated 1261 Informal verdict	811

Joint verdict 1263 Mining claims verdict in actions for 1264 Setting aside verdict	812

Presentation of claim 315 Quo warranto	813

Impeachment of verdict by oaths of jurors	814

Special verdict	816

1268a Construction of special verdict 1269 Verdict by stipulation	817

Verdict sustained 1271 Declaring verdict 1272 Validity and construction of verdictGenerally	818

Interpretation of verdict	820

TRIAL BY JURYFORMS 1274 Form 399 General verdict 1275 Form 400 Verdict for defendant on plaintiffs claim and on counterclaim 1276 Form ...	821

Answer with denials only	822

Tardy answerDiscretion of court	823

Informal answers	824

Proceedings on motion to strike	825

Sham answers defined	826

Sham defense how tested	827

Sham answers may be stricken	828

Unverified answers	829

What may be sticken out of answer	830

When motion should be made	831

Order not appealable	832

Mistakes in names how corrected	833

Adding or striking out parties	834

Discretion	835

Motion when made	836

Special cases	837

Striking out parties	838

Striking out demurrerGrounds	839

ComplaintStriking out evidentiary matter	840

Striking outMiscellaneous points of practice	841

May be set aside	842

FORMS IN TRIAL BY REFEREE 1316 Form 413 Affidavit by defendant to move for reference of an action involving a long account 1317 Form 4...	843

Form 415 Affidavit to oppose motion denying account 1319 Form 416 Affidavit to oppose motion where fraud is set	844

Form 418 Stipulation to refer 1322 Form 419 Order referring the cause without motion	845

Form 420 Order of reference to take an account as to damages 1324 Form 421 Order of reference to take an account between par ties to a mortgage i...	846

Form 422 Order of reference for accounting in partnership cause 1326 Form 423 Order of reference to determine priority among creditors	847

Form 424 Order of reference to take all testimony and report to the court 1328 Form 425 Plaintiffs account to be presented on reference	848

Form 426 Order that books and papers be deposited with ref eree before accounting	849

Form 427 Oath of referee 1331 Form 428 Appointment of first meeting by referee 1332 Form 429 Notice of hearing or trial by party 1333 Form 43...	850

Form 431 Report of referee 1335 Form 432 Referees report on accounting in partnership cause	852

Form 433 Referees report as to priority of creditors	853

Form 434 Notice of motion for reference to obtain surplus moneys on foreclosure sale	854

Form 435 Order of reference of claims to surplus moneys 1339 Form 436 Referees report thereon	855

Form 437 Notice of filing report of referee 1341 Form 438 Exceptions to report 1342 Form 439 Motion for further report	856

Form 440 Motion to set aside report and for a new trial 1344 Form 441 Order confirming setting aside or amending ref erees report	857

Exceptions	859

Error in	862

Exceptions to evidenceAdmission of evidence 1348 Documentary evidence	864

Irrelevant testimony 1350 Insufficiency of evidence 1351 Proving exceptions	865

Special exception necessary 1353 When exception lies	866

ExceptionsRelative to matters of evidenceGenerally 1355 Exceptions to findingsDefective findings	867

Form time for filing	868

Exceptions to instructionsException must be taken	869

Must be specific	870

CHAPTER L	872

Final judgment	875

Judgment must follow allegations and proofs	876

Joint and several judgment	877

Entering judgment	878

Judgment nunc pro tune	879

The sameContinued	880

Judgmentroll 1370 Judgmentroll what constitutes	883

Docketing judgment	885

Entry by clerk	886

Goldcoin judgment 1374 Costs and interest in gold coin	887

Ejectment 1376 Goods sold 1377 Lien of judgment	888

Priorities of judgments	890

Extinguishment of lien	891

Effect of judgment lienDeath of party to judgment 1381 Equitable liens 1382 Extension of lien	892

Property subject to the lien	893

Release of lien 1385 Satisfaction of judgmentBy levy under execution 1386 Satisfaction by part payment	894

Revival of judgment	895

Form 442	896

Form 443	897

Decree of foreclosure and sale	898

Judgment enjoining maintenance of dam Decree in actions to quiet title	901

Judgment on verdict Judgment for double or treble damages	902

Judgment for specific performance of land contract against vendorShort form 1397 Form 451 Interlocutory judgment denying specific perform ance...	903

Form 452 Judgment of strict foreclosure against junior incum brancer who was not a party to original fore closure action 1399 Form 453 Judgment ...	904

Form 454 Judgment annulling corporation for violation of its charter	905

Form 455 Judgment of reformation of a deed on ground of mistake	906

Form 456 Judgment of contribution between sureties 1403 Form 457 Judgment adopting advisory verdict of jury and reversing judgment of county ...	907

Form 459 Judgment in action to enforce lien on logs or timber after jury trial 1406 Form 460 Judgment dismissing appeal from justice court for failu...	908

Form 461 Judgment on appeal from justice court after trial de novo 1408 Form 462 Satisfaction of judgment	909

Judgment by Default	910

Order of court required	911

Process to sustain default judgment 1413 Pleadings to sustain default judgment	912

Proof required on default 1415 Against whom entered	913

Default against one not personally served 1417 Effect	914

Entry of 1419 Clerks duty 1420 Errors how reviewed	915

Proof when required 1422 Relief granted	916

Waiver of default 1424 When to be entered	917

Setting aside judgment grounds of 1426 California procedure	918

Form of motion to set aside default 1428 Jurisdiction 1429 Motion when to be made	919

Parties not concluded by the record	921

Discretion of court 1433 Motion when to be made 1434 Motion will be refused	922

On terms 1436 AffidavitBy whom made	923

Counteraffidavits	924

Default by fraud 1439 Diligence must be shown 1440 Form of affidavit and notice	925

Excuse for default	926

FORMS IN JUDGMENT BY DEFAULT 1442 Form 463 Judgment by defaultEntry of default by clerk 1443 Form 464 Judgment by default	928

Form 465 Judgment against joint debtor not originally served 1445 Form 466 Notice of motion to set aside a judgment by default	929

Form 467 Affidavit to set aside judgment by default	930

Judgment on Pleadings	931

Denial	932

Two causes of action 1451 Demurrer must be disposed of 1452 Discretion	933

Admission in answer 1454 Frivolous answer	934

Election	935

Verified answer 1457 Form 468 Notice of motion for judgment on the pleadings	936

Judgment by Confession	937

Who may confess judgment 1460 Confession by attorney 1461 Collateral attack	938

Insufficient statements	939

Joint debtor 1464 Judgment creditor proceedings by 1465 On award 1466 Promissory note 1467 Setting aside confessions	940

Several judgments	941

Void judgments 1471 Judgment by confessionMiscellaneous	942

Judgment by consent FORMS OF JUDGMENT BY CONFESSION 1473 Form 469 Statement and confession of judgment	943

Form 470 Judgment by confession in open court	944

Judgment on Dismissal and Nonsuit	945

A dismissal 1477 Dismissal by consent 1478 Dismissal by the court	946

Rights of interveners	947

By plaintiff	948

Dismissal of actionContinued 1482 Dismissal effect	949

The sameContinued	950

Ejectment 1485 Judgment on nonsuit 1486 NonsuitNature	951

Motion	952

When and when not granted	953

Effect of motion for nonsuit 1490 NonsuitMiscellaneous	954

The sameRelief against stipulation	955

The samePayment of jury 1493 The sameReview on appeal	956

Judgment for Costs	958

Attorneys fees 1497 Retaxing costs	959

Costs when allowedAllowance when discretionary	960

In particular casesClaim and delivery 1500 Clerks duty 1501 Costs are part of judgment 1502 Ejectment 1503 In partition	961

In equity 1505 Injunction 1506 Money or damages	962

On appeal 1508 On judgment affirmed in part and reversed in part	963

On new trial awarded 1510 On judgment reversed	964

On remittitur 1512 Right of use of water 1513 CostsIn particular cases	965

The sameSecurity	966

The same Vacating judgment for 1516 Form 471 Memorandum of costs and disbursements	967

LVI	968

In equity 1519 Res adjudicata	970

Stare decisisLaw of case	971

Pleading res adjudicata 1522 Evidence of res adjudicata	972

In partition 1524 Replevin	974

On the merits 1526 On report of referee 1527 Decree must contain what 1528 Personal judgmentRelief from erroneous decree	975

Effect of decree 1530 Judgment of divorceWhen operative	976

Judgment in ejectmentEffect 1532 Judgment in action against an estate	977

Judgment in action on bond 1534 JudgmentProper on sustaining plea	978

CHAPTER LVII	979

Equitable relief 1537 JudgmentsDefense	980

JudgmentsImpeachmentRelief against	981

Erroneous judgmentRemedy 1540 Vacating or setting aside	982

JudgmentCollateral attack	984

Grounds for collateral attack	985

Examples of collateral attack	986

FORMS FOR REVIEW AND AMENDMENTS 1544 Form 472 Petition to amend judgment to accord with the find ings or decision	987

Residence of defendants as determining venue	988

Waiver of objections	989

Copyright

Other editions - View all

A Treatise on Code Pleading and Practice: Also Containing 1900 ..., Volume 1
William Angus Sutherland
Full view - 1917

A Treatise on Code Pleading and Practice, Vol. 1 of 4: Also Containing 1900 ...
William Angus Sutherland
No preview available - 2017

Common terms and phrases

15 Colo 9 Cal affidavit alleged allowed amended appear attorney averment Bank Barb California cause of action Civil Procedure claim clerk Code Civ Colo commencement complaint constitute contract copy corporation costs counsel counterclaim creditor cross-complaint damages default defect defendant defendant answers defendant's demand demurrer denial denies dollars Duer duly entitled equity error evidence facts filed findings Form ground held Idaho issue joinder joined judge judgment JURAT jurisdiction jury lien matter ment misjoinder Mont motion necessary notice objection Okla party payment person petition plaint plaintiff plea plea in abatement pleading Proc proceedings question recover reference relief rendered replevin reply rule served statute statute of limitations sued sufficient suit summons Superior Court therein thereof tion TITLE trial Utah verdict verified waived Wash Wend

Popular passages

Page 701 - In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due upon contract, or as damages for breach of contract, or for injuries, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code.‎

Appears in 325 books from 1851-1994

Page 52 - 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.‎

Appears in 342 books from 1777-1998

Page 875 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.‎

Appears in 412 books from 1819-2004

Page 590 - When the convenience of witnesses and the ends of justice would be promoted by the change.‎

Appears in 245 books from 1851-2004

Page 769 - All persons, without exception, otherwise than is specified in the next two sections, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses. Therefore, neither parties nor other persons who have an interest in the event of an action or proceeding are excluded...‎

Appears in 124 books from 1850-2007

Page 921 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...‎

Appears in 292 books from 1849-2004

Page 164 - That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties for the same cause; or, 4.‎

Appears in 108 books from 1842-1998

Page 369 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.‎

Appears in 560 books from 1846-2004

Page 426 - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount claimed on the contract, or delivering the property or its value to such person as the court may direct; and the court may, in its discretion, make the order.‎

Appears in 173 books from 1850-2004

Page 587 - A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the Court to change the place of trial as in other cases.‎

Appears in 282 books from 1829-2007

Bibliographic information

Title	A Treatise on Code Pleading and Practice: Also Containing 1900 Forms Adapted to Practice in California, Alaska, Arizona, Idaho, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Other Code States, Volume 1 A Treatise on Code Pleading and Practice: Also Containing 1900 Forms Adapted to Practice in California, Alaska, Arizona, Idaho, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Other Code States, William Angus Sutherland
Author	William Angus Sutherland
Publisher	Bancroft-Whitney, 1910

Export Citation	BiBTeX EndNote RefMan

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