ing, shall move, before the Hon.

...

.. judge, in the courtroom of

Department No. . . . in the courthouse in the city of . . ., state of . . ., on the . . day of., ., 19.., at ... o'clock in the noon, or as soon thereafter as counsel can be heard, that the service of the summons in this action be set aside and vacated, and the action be dismissed, with costs, for the reason that [here state reason, irregularities, etc.], with costs of motion.

Dated,

19. .

G. H., Attorney for C. D., for the purposes of this motion only.

To E. F., Plaintiff's Attorney.

935. Notice of motion by plaintiff for judgment on the pleadings.

[TITLE.]

Form No. 294.

Sir: Please take notice, that upon the complaint and answer in this action, the undersigned will move the court at the next regular [or, special] term thereof, to be held at the courthouse in the . . . of . . ., county of . . ., on the . . . day of . . ., 19 at the opening of court on that day, or as soon thereafter as counsel can be heard, for the judgment demanded in the complaint, and such other order or relief as the court may grant. [DATE.]

E. F., Plaintiff's Attorney.

§ 936. Notice of motion for dismissal.

[TITLE.]

Form No. 295.

Take notice, that on the affidavit of J. K., a copy of which is annexed, the undersigned will move the court, at the courtroom thereof on the . . . day of . . . 19. ., at . . . o'clock in the . . . noon, or as soon thereafter as counsel can be heard, that the plaintiff's complaint in this action be dismissed [as against the defendant Y. Z.], with costs, in favor of the said defendant; and that judgment of dismissal of the action be entered accordingly, with costs; and that the plaintiff may be ordered to pay the costs of this motion, and for such other or further relief as may be just. [DATE.] J. K., Defendant's Attorney.

§ 937. Notice of motion to sue on judgment in the same court.

Form No. 296.

[TITLE OF COURT AND CAUSE.]

To C. D., the above-named defendant:

Take notice, that upon the affidavit of A. B., a copy of which is herewith served upon you, and upon the judgment-roll in this action, the plaintiff will move the above-named court at a regular term thereof, to be held in the courthouse in the city of . . ., in said county, on the . . . day of . . ., 19. ., at the opening of court on that day, or as soon thereafter as counsel can be heard, for an order granting him leave to bring an action against you on such judgment and for such other relief as may be just. Dated,

... "

19 ..

A. B.

§ 938. Notice of motion on petition for leave to sue a receiver. Form No. 297.

[TITLE.]

To C. D., Receiver:

Take notice, that upon the petition of A. B., a copy of which is herewith served upon you, the said A. B. will move the court, at a regular term thereof, to be held in the courthouse in the city. of ..., in said county, on the . . . day of . . ., 19. ., the opening of court on that day, or as soon thereafter as counsel can be heard, for an order granting him leave to sue as demanded in said petition.

Dated, . . ., 19 ..

L. M., Attorney for Petitioner.

§ 939. Order granting leave to receiver to sue.

[TITLE.]

Form No. 298.

at

On reading and filing the verified petition of the receiver in the above-entitled action, praying leave to bring an action as such receiver against E. F., no one appearing to oppose said motion, it appearing to the court now here that reasonable grounds exist for such action; upon motion of said receiver [or, L. M., Esq., counsel for said receiver];

It is ordered, that the said C. D., as such receiver, be and is hereby authorized to commence and prosecute an action in the

proper court against the said E. F. [here state any conditions. which may be imposed by the court].

[DATE.]

By the court:

I. K., Judge.

§ 940. Order granting leave to bring action upon the bond of an executor, administrator, or testamentary trustee.

[TITLE.]

Form No. 299.

Upon reading and filing the petition of A. B. praying for permission to bring action in his own behalf upon the bond of O. P., executor of the last will and testament [or, administrator of the estate] of X. Y., deceased; it appearing from said petition that good ground exists for the commencement of such action;

It is ordered, that permission be and is hereby given to bring an action on said bond against the said executor [or, administrator] and the sureties upon such bond, in the name of the said petitioner as plaintiff, according to the prayer of said petition. [DATE.]

By the court:

I. K., Judge.

§ 941. Notice of motion on affidavit to open default judgment and for leave to answer.

...

Please take notice that upon the affidavits of G. H. and J. K., and the proposed answer of the defendant G. H., of all of which copies are herewith served upon you, the defendant C. D., by his counsel G. H., will move the court at the next term thereof, to be held at the courthouse in the . . . of . . . , in . . . county, at the opening of court on that day, or as soon thereafter as counsel can be heard, to set aside the judgment entered in this action, and all subsequent proceedings thereon, and to allow this defendant to file and serve his said answer, and defend said action on such terms as may be just, and for such other order or relief as may be proper.

To L. M., Attorney for Plaintiff.

G. H., Defendant's Attorney.

$942. Order granting motion to open default judgment. Form No. 301.

[TITLE.]

The motion of the defendant, C. D., to set aside the judgment herein and allow him to defend said action, coming on to be heard at said term on the affidavits of C. D., defendant, and J. K., and the proposed verified answer of said C. D., and it satisfactorily appearing therefrom that said judgment was rendered through the mistake [or, surprise or excusable neglect] of the said C. D., and it appearing by said proposed answer that said, defendant has a valid and substantial defense to said action upon the merits, and is so advised by his counsel, to whom he has fully stated the case; after hearing G. H. for the motion, and L. M. in opposition thereto, and after reading the opposing affidavits of O. P. and J. K., on motion of G. H., defendant's attorney:

..

It is ordered, that said judgment entered in this action on the day of..., 19. ., in favor of the plaintiff and against the defendant, for the sum of . . . dollars damages, and .. dollars costs, be and the same is hereby vacated upon condition that said defendant pay forthwith to plaintiff's attorney the costs of entering said judgment, to-wit, the sum of . . . dollars, and that the issues in said action shall stand for trial at the present term and without other notice be placed upon and at the foot of the calendar.

Upon the payment of said costs, let the proposed answer already served with the motion papers herein stand as the answer herein without further service.

[If it be deemed advisable to let the judgment stand as security to the plaintiff, add:] Nothwithstanding this order, let the said judgment [and the execution issued thereon] stand as security for the plaintiff's claim to abide the event of the action. By the court: R. S., Judge.

§ 943. Notice of motion to compel plaintiff to elect between several counts setting forth the same cause of actions

[TITLE.]

Form No. 302.

Please take notice, that upon the summons and complaint in this action [and on an affidavit, of which a copy is herewith served], the undersigned will move the court, at the courtroom

...

...

thereof at . . . on the . . . day of . . ., 19.., 19. ., at . . . o'clock in the noon, or as soon thereafter as counsel can be heard, that the plaintiff be required to elect between the first-stated cause of action and the second-stated cause of action in the complaint, and state which he will rely on; and that on such election the other be stricken out; or in default of so electing, then that the second stated cause of action be stricken out as redundant; and for such other or further relief as may be just [and for the costs of this motion].

I. That he is the defendant in the above-entitled action. [Or, if otherwise, show in some way deponent's knowledge of the circumstances involved.]

II. That the plaintiff's complaint herein purports to set forth two causes of action, but that only one transaction of the nature mentioned in either of the supposed causes of action set up in the complaint ever occurred between the defendant and the plaintiff, and that the transactions mentioned in both of the said supposed causes of action are in reality one and the same. [JURAT.]

C. D.

The motion of the defendant that the plaintiff be required to elect as to which cause of action alleged in his complaint he will rely upon on the trial, coming on to be heard on the . . . day of 19. . ; and on reading the complaint and the affidavit of C. D., now filed herein, and after hearing G. H. for the motion, and E. F. opposing, and being advised in the premises:

Ordered, that the plaintiff be required to elect, within . . . days after service of a copy of this order on his attorney, upon which of the several causes of action stated in his complaint he