Estee's Pleadings, Practice and Forms: In Actions Both Legal and Equitable Under Codes of Civil Procedure. Forms in Actions ; in Special Proceedings ; in Provisional Remedies ; and of Affidavits, Notices, Etc., Etc, Volum 1

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Infringement of patent
101
Parties in actions for torts
107
Of wbat pleadings consist
115
Material averments
122
Mode of stating facts
129
PleadingsContinued Page What a demurrer admits
138
What a want of verification admits
139
Effect of admissions
140
Between pleadings and proof
141
FORMAL PARTS OF PLEADINGS Of complaint
144
Where some of the parties are unknown
146
By and against corporations
147
Titlo and commencement
148
Clerks certificate to copy of complaint
149
Answer
150
CommencementDefendant sued hy a wrong name
151
By husband and wife
152
Caption of papers used in probate courts
153
Certificate of clerk to affidavit
155
Jurat where deponent is blind or illiterate
156
Verification by solo plaintiff or sole defendant
159
By one of several plaintiffs or defendants
160
By officer of corporation
161
Where the facts are within his personal knowledge
162
CHAPTER VII
165
Third subdivision Demand for relief
199
Fonsi PAGE
209
Aguinst corporation formed under act relative to roads
216
By a county
222
Individual creditor against individual stockholder
228
CHAPTER IV
234
Against husband for necessaries furnished family
242
Against a married woman as sole trader
249
Fokm page No GO By guardian of an insane person
253
Against the same
254
CHAPTER VIII
255
Against partnersAverring partnership
258
CHAPTER IX
260
By sheriff suing in aid of attachment
261
For neglecting to return executions
263
For neglecting to pay over moneys
265
For false return
267
For seizing a vessel
268
For an escape
269
By a receiver appointed pending litigation
272
The sameAppointed in supplementary proceedings
276
Tho sameSetting out proceedings at length ft
277
By receiver of dissolved corporation
279
For money due on an account
282
By an assignee
284
8G On an account stated
285
For a general balance of account
287
Upon an account for services
288
Fobm Account for ServicesContinued page No 91 By carrier against consignor for freight
289
By editor for services
290
For services and materials furnished
291
COMPLAINTS ON AWARDS 97 On an award of arbitratorsCommon form
292
On an award of an umpire
296
COMPLAINTS ON EXPRESS PROMISES 99 On an express promise in consideration of a precedent debt
297
Upon compromise of action
298
On promise of third person to pay money to plaintiff
299
On a promise to pay for the surrender of a lease
300
For the purchasemoney of lands conveyed
301
Common formOn account
303
The sameShort form
304
For goods sold and dflivered at a fixed price
305
At a reasonable price
306
By asifgnee for stock fixtures and good will
307
For goods delivered to a third partyPrice fixed
308
For goods sold but not deliveredPrice fixed
309
On an agreement to be answerable for the price of goods sold
312
Against guarantor of mortgage for deficiency after foreclosure
313
On a guaranty of precedent debt
316
On fire policyBy the insured
318
Where plaintiff purchased the property after insurance
321
On agreement to insurePolicy not delivered
322
On life policyBy executor 824
325
By assignee in trust for wife of insured
326
Accidental insuranceInsured against insurer
327
Marine insuranceOn an open policy
328
On cargo lost by fireValued policy
330
On freightValued policy
332
For a partial loss and contribution
333
CHAPTER VII
334
By leave of court
337
On a foreign judgment of a court of general jurisdiction
338
Of an inferior tribunal
340
CHAPTER VIII
341
Penalties under the statureGeneral form 841
346
Against a witness for disobeying subpoena
347
For violation of ordinance of board of supervisors
348
COMPLAINTS FOR MONEY HAD AND RECEIVED TO PLAINTTFts USE 139 Common form
349
Against attorney or agent with demand
351
The sameAnother form
353
For money received by defendant through mistake
354
Against factor for price of goods sold on credit
356
Lender against borrower
357
The sameNo time for payment agreed on
359
Partners lenders against partners borrowers
360
FOrM PAgE No 150 For money paid to a third party at defendants request
361
By one having paid the debt of another to be repaid on demand
362
For repayment of money on a reversed judgment
363
By broker for money advanced on account of his principal
364
For repayment of deposit on purchase of real estate
365
To recover back a wager
367
By landlord against tenant for repayment of tax
368
Against carrier to recover money paid in excess for freight
369
To recover back freight on failure of carriage
370
By surety against principal
371
For repayment of advances on services
372
For services at a fixed price
373
At a reasonable price
375
By carriers for freight
376
By parent for services of minor son
377
By an attorney for services and disbursements
378
For services and materials at a reasonable price
379
By publisher and proprietor for advertising
380
Special contract completely fulfilled
381
COMPLAINTS FOR USE AND OCCUPATION 175 On an express contract
382
For rent reserved in a lease
383
For deficiency after a reentry
384
Grantee of reversion against lessee
386
Assignee of devisee against assignee of lessee
387
For use and occupation of pasture
388
Bill returned and taken up 4Q9 197 Acceptor without funds against drawer
410
The sameCopartnership firm against copartnership firm
411
The sameBill payable at specific date
412
Partners payees against partners acceptors
413
Payee against acceptorShort form
414
Pleading the legal effect
415
Where drawer is also acceptor on bill drawn on himself
416
Payee against drawer and acceptor
417
IndorseeFirst indorsee against acceptor
418
Against first indorser
419
Against all prior parties
420
Against first indorser
421
Against all prior parties
422
Fobm rA0E No 219 ChecksPayee against drawer
423
Indorsee or bearer against drawer
425
Against bank drawee having certified
426
COMPLAINTS ON PROMISSORY NOTES AND CERTIFICATES OF DEPOSIT 223 Maker of accommodation note having paid it
427
Joint maker of a note against tho other for contribution
428
Payee against maker
429
On two notes ono partly paid
435
On a note signed by an agent
436
On a note made by partners
437
On a note wrongly dated
438
Against surviving maker
439
Against maker and indorser
440
IndorseeFirst indorsee against maker
441
Against first indorser
442
Against maker and first indorser
446
Against maker on note drawn to makers order
447
Against first indorser
448
Against all prior parties
449
By treasurer of unincorporated company on note payable to former treasurer
451
On a note payable on a contingency
452
On a note payablo in chattels
453
On guarantiesAgainst maker and guarantor of note
454
By contractor on special contract modified with olaim for extra work
457
Against builder for defective workmanship
461
COMPLAINTS ON CHARTER PARTIES Fobm page No 253 Owner against freighter tor not loading
463
Charterer against owner for deviation from contract and aban donment of voyage
466
Ship owner against charterer for freight
467
The sameAnother form
471
By assignee of grantee against previous grantor
472
By devisee of covenantee against the same
473
Warranty as to quantity
474
The sameWhere deed expressed specific incumbrance
477
On a covenant of seisin or of power to convey
478
2G5 Grantees covenant to build
480
26G On covenant against nuisancesGrantor against grantee
481
On a continuing covenant to maintain a fence
482
Lessee against lessor for not keeping premises in repair
485
For not completing building according to agreement
486
For breach of contract to employ
488
Where employment never took effect
489
By the master against father of apprentice
490
By the apprentice against the master
491
For refusal to accept manufactured goods
492
CHAPTER V
493
Against sureties on partners bond of indemnity
497
Surety against principal on indemnity against liability
498
Subtenant against immediate lessor
500
Fobm page No 285 For refusal to marry
502
For marriage with another
504
The same on contract made by broker
509
The same for not returning goods or paying for them in a reasonable time
510
The same for not giving security according to conditions of sale at auction
511
By manufacturer for goods made at defendants request and not accepted
513
For breach of promise by purchaser of good will not to carry on rival trade
514
Buyer against seller for not delivering goods sold
515
For not delivering within a specified time
516
Allegation of part payment
518
Against seller of stock for nondelivery
519
CHAPTEE VIII
520
The same for damage for not executing conveyance
522
Vendor against purchaser for breach of agreement to purchase
523
The sameFor not fulfilling agreement and for deficiency on resale
524
Vendor against executor of purchaser
525
CHAPTER IX
526
For costs of appeal
529
For costs and damages on an arrest
531
For costs and damages on attachment
533
To procure discharge of an attachment
534
In claim and delivery
536
In injunction
538
On a bond or undertaking condition only set forth
539
FOEM PAQE
540
Warranty of title
548
On a warranty of a note
554
Assault and false imprisonment
560
The words not being libelous in themselves
569
Fobm LibelContinued paoe No 334 By a physician
573
Charge of dishonesty eto in business
574
Accusing plaintiff of perjury in his answer to a complaint
575
For a libel not directly accusing the plaintiff of larceny
576
For libel by signs
577
Words spoken in a foreign language
581
The words not being actionable in themselves
582
Bespecting plaintiffs trade
583
Charging a criminal offense
585
Actionable language
586
SlanderFor words directly charging perjury
587
The same containing special inducements
588
CHAPTEE IV
589
The same fuller form
593
For procuring plaintiff to be indicted
594
Where judgment of acquital was rendered
596
For malicious arrest in a civil action
597
FOR PERSONAL INJURY CAUSED BY NEGLIGENCE 355 For injuries caused by collision of vehicle driven by servant
599
Against common carriers for overturning stagecoach 6OO 357 Against a railroad for injuries by collision
602
The sameBy car running off track
604
For injuries caused by negligence on a railroad in omit ting to give signal
605
By a steamboat explosion 6O6 361 For injuries to an engineer of a railroad company caused by a collision
607
Said company having used a condemned locomotive
609
By executor or administrator against a railroad company for injuries causing death
611
Against a municipal corporation for injuries caused by leav ing the street in an insecure state
614
For injuries caused by rubbish in the street whereby plaintiff was thrown from his carriuge
617
Another form
618
For injuries caused by vicious dog
619
Against physician for maltreatment
620
Against surgeon for malpractioe
621
FOE VIOLATION OF PERSONAL RIGHTS 371 Against officers of an election for refusing plaintiffs vote
622
For criminal conversation
623
For debauching a daughter
624
For seduction of plaintiffs daughter or servant
626
For seduction by female seduced
627

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Side 67 - A father, or in case of his death or desertion of his family, the mother, may maintain...
Side 192 - Negligence" has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Side 612 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Side 94 - Actions for the recovery of any property, real or personal, or for the possession thereof, or to quiet title thereto, or to determine any adverse claim "thereon, and all actions founded upon contracts, may be maintained by and against executors and administrators in all cases in which the same might have been maintained by or against their respective testators or intestates.
Side 394 - ... and for money received by the defendant for the use of the plaintiff...
Side 59 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Side 240 - No holder of any claim against an estate shall maintain any action thereon unless the claim is first presented to the executor or administrator, except in the following case: An action may be brought by any holder of a mortgage or lien to enforce the same against the property of the estate subject thereto, where all recourse against any other property of the estate is expressly waived in the complaint, but no counsel fees shall be recovered in such action unless such claim be so presented.
Side 156 - ... or from some cause unable to verify it, or the facts are within the knowledge of his attorney or other person verifying the same. When the pleading is verified by the attorney, or any other person except one of the parties, he must set forth in the affidavit the reasons why it is not made by one of the parties.
Side 564 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Side 80 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.

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