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, Volumen1

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Parties DefendantContinued PAGE
95
Different parties in one action 05
105
Of what pleadings consist
114
Defendants pretenses or facts anticipating a defense
120
Facts constituting the cause of action or defense only must be stated
126
TORM
128
Pleadings how construed
134
CHAPTER II
144
Owner against freighter for not loading
163
PLEADINGS OF PLAINTIFF
165
Third subdivisionDemand for relief
199
153
201
FORM
207
COMPLAINTS BY TENANTS IN COMMON
209
FORM PAGE
213
Against corporation formed under act relative to roads
216
By a county
222
Individual creditor against individual stockholder
228
156
230
CHAPTER IV
234
CHAPTER V
242
Against a married woman as sole trader
249
CHAPTER VI
250
By guardian of an insane person
253
Against the same 254
254
CHAPTER III
255
Against partnersAverring partnership 70 By a surviving partner
258
CHAPTER IX
260
By sheriff suing in aid of attachment
261
Against sheriff for not executing process 74 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 261 263 265 267 268
269
CHAPTER X
272
In general
275
The sameAppointed in supplementary proceedings
276
The sameSetting out proceedings at length 3
277
By receiver of dissolved corporation 83 By receiver of insurance company on premium note 279
279
FORMS OF COMPLAINTS SUBDIVISION SECOND IN ACTIONS FOR DEBT 282 284 CHAPTER I
282
By an assignee
284
On an account stated
285
For a general balance of account
287
Upon an account for services 89 By an architect 90 By broker for commissions
288
FORM Account for ServicesContinued
289
On an award of arbitratorsCommon form
296
CHAPTER IV
303
By assignee for stock fixtures and good will
309
On a guaranty of precedent debt
316
CHAPTER VII
334
Of an inferior tribunal
340
Penalties under the statureGeneral form
347
The sameAnother form
353
The sameNo time for payment agreed on
359
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 01
367
By landlord against tenant for repayment of tax of tax
368
Against carrier to recover money paid in excess for freight
369
Where the facts are within his personal knowledge
370
By surety against principal
371
For repayment of advances on services
372
CHAPTER XII
373
At a reasonable price
375
By carriers for freight
376
By parent for services of minor son 377 166 By parent for services of minor son 167 For services and materials at a fixed price
377
By an attorney for services and disbursements
378
For services and materials at a reasonable price 79
380
Special contract completely fulfilled
381
CHAPTER XIII
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 182 On an implied contract
388
For lodging and board
390
Of piano forte
391
Against maker
398
Payee against acceptor
407
The sameBill payable at specific date
413
Against first indorser
419
ChecksPayee against drawer
423
Indorsee or bearer against drawer
424
Against drawer and indorser
425
Against bank drawee having certified
426
CHAPTER III
427
Joint maker of a note against the other for contribution 225 Indorser of note having paid a part
428
Payee against maker
429
On two notes one partly paid 228 On several notes given as security
435
On a note signed by an agent
436
230 On a note made by partners 22
437
206
449
By treasurer of unincorporated company on note payable to former treasurer
451
On a note payable on a contingency
452
On a note payable in chattels
453
On guarantiesAgainst maker and guarantor of note
454
208
455
FORMS OF COMPLAINTSSUBDIVISION FOURTH FOR DAMAGES ON BREACH OF CONTRACT CHAPTER I
457
Against builder for defective workmanship
461
214
464
Ship owner against charterer for freight
467
CHAPTER III
468
The sameAnother form 171
471
By assignee of grantee against previous grantor 172
472
By devisee of covenantee against the same 173
474
The same Where deed expressed specific incumbrance 177
478
Grantees covenant to build 180
480
On covenant against nuisancesGrantor against grantee 267 On a continuing covenant to maintain a fence 268 Lessor against lessee on covenant to ke...
482
Lessee against lessor for not keeping premises in repair
485
For not completing building according to agreement 456
486
For breach of covenant of quiet enjoyment
487
CHAPTER IV
488
Where employment never took effect 274 For breach of contract to serve
489
By the master against father of apprentice 276 By the apprentice against the master 277 For breach of contract to manufacture goods
491
For refusal to accept manufactured goods 279 On promise to manufacture raw material into merchantable 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
FORM PAGE No 285 For refusal to marry
502
For marriage with another
504
The same on contract made by broker broker
509
reasonable time
510
The same for not giving security according to conditions of sale at auction
511
215
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
CHAPTER 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 311 In elaim and delivery
536
In injunction 14JULIUVVU
538
On a bond or undertaking condition only set forth
539
FORM PAGE
540
CHAPTER X
548
On a warranty of a note
554
Assault and false imprisonment 60
560
The words not being libelous in themselves elves
569
FORM LibelContinued PAGE No 334 By a physician
573
Charge of dishonesty eto in business
574
337 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 341 For slander the words being actionable in themselves
577
Words spoken in a foreign language
581
The words not being actionable in themselves
582
Respecting plaintiffs trade
583
Charging a criminal offense
585
Actionable language
586
The sameSeveral causes of action 347 SlanderFor words directly charging perjury
587
CHAPTER IV
589
217
591
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
CHAPTER V
599
Against common carriers for overturning stage coach
600
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
606
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 carriage
617
Another form
618
For injuries caused by vicious dog
619
Against physician for maltreatment
620
Against surgeon for malpractice
621
CHAPTER VI
622
For criminal conversation
623
For debauching a daughter
624
For seduction of plaintiffs daughter or servant
626
For seduction by female seduced 377 For refusal to permit passengers to ride in a car
627

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Página 67 - A father, or in case of his death or desertion of his family, the mother, may maintain...
Página 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.
Página 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...
Página 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.
Página 394 - ... and for money received by the defendant for the use of the plaintiff...
Página 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...
Página 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.
Página 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.
Página 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.
Página 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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