mentioned in the complaint, upon this defendant's paying into court the sum of . . . dollars, the amount claimed in the summons herein [or if the action is for specific property, say, concerning the property mentioned in the complaint, upon said defendant's transferring the same to such person as the court may direct]; or for such other relief as may be just. [DATE.] [SIGNATURE.] On reading and filing the affidavit of C. D., and upon proof of due service of notice of this motion, and on motion of G. H., for C. D., and after hearing E. F. in opposition: It is ordered that on payment by the defendant to the clerk of the county of . . . of the amount claimed in the summons herein, principal and interest, within five days from the date of this order, Q. R. be substituted as defendant in this action in place of C. D., the defendant above named, and that said C. D. thereupon be discharged from liability to either the plaintiff above named or said Q. R. And it is further ordered that if the said Q. R. does not appear and defend this action within. days after service upon him of a copy of this order, together with a copy of the summons and complaint herein, the plaintiff may apply for an order that the money so deposited be paid over to him. [DATE.] § 706. Petition by landlord to be made defendant in action of ejectment. [TITLE.] Form No. 220. The petition of M. N. respectfully shows to this court: I. That an action is now pending in this court by A. B., plaintiff, against C. D., defendant, for the recovery of the possession of certain real property, situated in the county of . . ., and more particularly described in the complaint in said action; which action your petitioner is informed and believes is at issue and upon the calendar of this court, awaiting trial. II. That said C. D. occupies said premises as tenant of your petitioner, and not otherwise. That your petitioner claims in good faith to be the owner in fee simple of said premises [here briefly indicate title]. Wherefore your petitioner prays that he may be made a party defendant in said action, and may be allowed to defend the same, and that he may have such other relief as may be just. [DATE.] [SIGNATURE.] § 707. Notice of motion to make party defendant. Please take notice that on the annexed petition, and on the papers on file in this action, the undersigned will move the court, at the courtroom thereof, at ..., on the . . . day of . . . 19.., at . . . o'clock in the . . . noon, or as soon thereafter as counsel can be heard, for an order directing M. N., the petitioner above named, to be made a party defendant in the action now pending in this court between A. B., plaintiff, and C. D., defendant, and for such other relief as may be just. [DATE.] [SIGNATURE.] § 708. Order making third person a party defendant. [TITLE] Form No. 222. On reading and filing the petition [or affidavit] of S. T., dated the . . . day of . . ., 19 . ., and proof of due service of notice of this motion, and on motion of E. F. for said S. T., and after hearing G. H. in opposition. It is ordered that S. T. be made a party defendant in said. action, and that the summons and complaint be amended accordingly; and that S. T. cause notice of appearance for himself herein to be given to plaintiff's attorney within . . . days from the entry of this order, and a copy of the complaint as amended served upon his attorney, and that the cause thereupon proceed as if said S. T. had been originally a party defendant therein. P. P. F. Vol. I-28 § 709. Petition for intervention by third person whose property is attached. Form No. 223. [TITLE OF ORIGINAL ACTION.] The petition of L. M. respectfully shows that on the . . . day of . . ., 19 . ., the above-entitled action was commenced and a writ of attachment issued therein, by virtue of which the sheriff of . . . county seized and attached the following described property as the property of the defendant [insert description of property]; that in truth and in fact the said property so attached was and is not the property of the defendant, nor has he any interest therein, but was and is the property of this petitioner, and the same is unlawfully held by the said sheriff upon the said writ of attachment. Wherefore, your petitioner prays that the alleged lien upon the said property under the said writ of attachment be removed and discharged, and for such further or other relief as shall seem just. L. M., Petitioner. The petition of L. M. respectfully shows to the court: [Here state facts showing nature of the action, and its present condition, as well as the facts showing the interest or ownership of the petitioner, as would be done in a complaint.] Wherefore, your petitioner asks leave to intervene in this action as against both plaintiff and defendant therein [or, as the case may be], and he demands judgment against both plaintiff and defendant [or, as the case may be], for the property described in this petition of intervention and in the petition of the plaintiff in said action [or, for the possession of the same, as the case may be], or for the value thereof, if the same cannot be found, and for his damages and costs. O. P., Attorney for Intervener. § 711. Petition by owner of chattels to intervene in replevin. [TITLE.] Form No. 225. To the... court of . . . county. The petition of L. M. respectfully represents: I. That the above-entitled action is now pending in this court for the recovery of the possession of certain personal property, to-wit, [description of property]; which action has not, as deponent is informed and believes, proceeded to judgment. II. That the defendant received the said [property] from this deponent for storage, and this deponent is the sole owner thereof. III. That the claim of the plaintiff in this action is made adversely to deponent's title, and deponent desires to litigate the question directly with him. Wherefore, your petitioner prays that he be allowed to come in as a party defendant to defend this action; and that all proceedings be stayed in said action [on the part of either party] until a hearing can be had upon this petition. L. M., Petitioner. § 712. Order to show cause why petition for intervention should not be granted. [TITLE] Form No. 226. On reading and filing the petition of L. M., of . . ., praying to be let in as a party defendant in this action. It is ordered that the plaintiff [and defendant] herein show cause, on the . . . day of . .., 19.., at the opening of court on that day, or as soon thereafter as counsel can be heard, why the prayer of said petitioner should not be granted. Further ordered that until the determination of this motion all proceedings herein on the part of the plaintiff [and defendant] be stayed. And let copies of this order and said petition be served on the attorneys for the plaintiff and defendant, respectively, at least ... days before the hearing of such motion. § 713. Petition of intervening creditor to set aside prior attachment. Form No. 227. [TITLE OF ORIGINAL ACTION.] ... The petition of E. F. respectfully shows that on the . . . day of . 19. ., the above-entitled action was commenced and a writ of attachment issued therein; that by virtue of such writ the sheriff of . . . county thereafter seized upon and attached certain property of the defendant described as follows: [insert description of property attached]; that thereafter, and on the day of..., 19. ., your petitioner, who is a creditor of the said defendant, commenced an action against the said defendant in said court, and duly sued out a writ of attachment in his said action, whereby the said sheriff duly attached the property of the said defendant hereinbefore described, subject, however, to the prior attachment in favor of the plaintiff in this action. Petitioner further states that on the . . . day of . . ., 19. . judgment was duly rendered in the aforesaid action brought by your petitioner against said defendant for the sum of dollars, damages and costs, and that thereafter, on the . day of . . ., 19. ., an execution was duly issued out of said court upon said last-named judgment and delivered to the said sheriff, by virtue of which he levied upon the same property above described. Your petitioner further alleges that, as he is informed and verily believes, the writ of attachment issued in the action first above set forth, and all proceedings thereon, are illegal and void, and that the said levy of the said sheriff thereunder constitutes no lien upon the said property and against the lien of your petitioner, for the reason that [here set forth the defect or illegality relied upon, by showing that the first attachment is void]. [Or, if the first attachment is attacked on the ground of fraud:] Your petitioner further alleges that the said first writ of attachment is illegal, fraudulent, and void, and constitutes no lien upon the said property as against the lien of your petitioner, for the reason that [here state the facts showing that the claim is collusive or fraudulent]. Wherefore, your petitioner prays that the said first-named writ of attachment be set aside and vacated, and that petitioner's lien upon the property above described be declared and estab |