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HARVARD LAW LIBRARY

Received

307 2 0 1927

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i:

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FORMS

OF

CODE PLEADING

t^

FOR

NEBRASKA, KANSAS AND OKLAHOMA FULLY ANNOTATED

BY

WILUAM S. CAMPBELL

OP THB ST. jJSSm BAB AOTBOB OP POBW OP OODB PLBADINO POR mSaOURI AND ARKANSAS

IN TWO VOLUMES

VOL. II

FORMS 549 TO 1074 PAGES 809 TO 1472

O

1912

THE F. H. THOMAS LAW BOOK CO.

ST. LOUIS

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TABLE OF CONTENTS.

BY CHAPTERS. VOLUME L

CKAFTKB FOEli N08.

1. Formal Parts of Pleading 1-17

L The Petition 1-13

IL The Answer 14-15

IIL The Demurrer 16

IV. The Reply 17

2. Verification of Pleadings 18-27

3. Captions designating parties and particu-

lar classes of persons And allegations showing official character or capacity to

sue and be sued 28-85

L Assignees 28-30

II. Corporations 31-48

III. Devisees 49

IV. Executors and Administrators . . 50-59 V. Infants 60-61

VI. Insane Persons 62-63

VII. Partners 64-67

VIII. Company or Association of Per- sons 68-69

IX. Receivers 70

X. Public Officers 71-72

XL Ex Parte Petitions 73-74

XIL Trustees 75-78

XIIL Miscellaneous 79-83

XIV. Unknown Defendants 84-85

4. Various Allegations common to all plead-

ings 86-96

5. Allegations to obtain service on defendant

by publication 97-101

PETITIONS IN PARTICULAR ACTIONS ALPHABETICALLY CLASSIFIED

6. Account 102-106

7. Account stated 107-109

V

PAGES 1-20 1-18

18-19

20

20

21-26

26-56

29-30

30-37

37

37-41

41-42

42-43

43-45

45-47

47

48

49

50-51

52-63

54-55

56-63

64-70

71-75 76-77

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CONTEXTS

VOLUME 11.

CHAPTER FORM N08.

45. Municipal corporations 549-579

46. Negligence 580-625

47. Nuisance 626-634

48. Partition 635-638

49. Partnership 639-643

50. Physician and patient 644-649

51. Principal and agent 650-653

62. Principal and surety 654-657

53. Quieting title 658-665

54. Railroads 666-683

65. Receivers 684-690

66. Reformation and cancellation of instru-

ments 691-698

57. Replevin 699-706

58. Specific performance 707-7 1 1

59. Trespass 712-719

60. Vendor's Lien 720-721

61. Warranty 722-728

62. Wills 729-733

63. Work and labor 734-735

64. Demurrer 736-751

65. Answer Forms applicable to various ac-

tions 752-787

ANSWERS IN PARTICULAR ACTIONS ALPHABETICALLY CLASSIFIED. . . .

66. Account 787a-789

67. Account stated 790

68. Assault and battery 791-793

69. Banks and Banking 794

70. Bills and notes 795-812

71. Bonds 813-814

72. Carriers of freight 815-816

73. Carriers of passengers 817-820

74. Contract 821-823

76. Conversion 824

76. Covenant 825

77. Creditor's bills 826

78. Damages 827

79. Divorce 828

80. Ejectment 829-830

81. Fraud and deceit 830a

82. Guaranty 831

83. Injunction 832

vii

FAGES

809-853 854-921 922-938 939-944 945-953 954-904 965-90!) 970-975 976-986 987-1011 1012-1027

1028-1041 1042-1057 1058-1071 1072-1079 1086-1086 1087-1098 1099-1108 1109-1112 1113-1122

1123-1142

1143-1149

1150

1151-1152

1153

1154-1172

1173-1177

1178-1180

1181-1183

1184-1189

1190-1191

1192-1193

1194-1195

1196-1197

1198-1200

1201-1204

1205

1206-1207

1208-1209

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TABLE OF CONTENTS.

BY FORM NUMBERS AND HEADINGS.

VOL. I,

CHAPS. I to XLIV; FORMS NO. 1 to 548.

CHAPTER I.

FOBMAL PARTS OP PLEADING.

I. THE PETITION.

1. Form of petition.

2. Various forms for commencement of statement constituting the

cause of action.

3. Commencement of statement where there is more than one cause

of action.

4. Embracing allegations in another cause of action by reference.

5. Same Another form.

6. Same Another form.

7. Commencement of statement where amended petition is filed.

8. Same Where amended petition is filed by leave of court.

9. Same Another form.

10. Commencement of supplementary petition.

11. Same Another form.

12. Commencement of petition of intervenor.

13. AIl^(ation of reason for making a party a defendant, instead of

one of the plaintiffs.

II. THE ANSWER.

i4. Form of answer.

15. Answer to several counts of petition.

III. THE DEHURREB.

16. Form of demurrer.

rV. THE BEFLT.

17. Form of reply.

CHAPTER II.

VERIFICATION OP PLEADINGS.

18. Verification by party.

19. Same Another form.

ix

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vera idan

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k.

any. ilroa

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do 1

er t inesi

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CONTENTS.

III. DEVISEES.

49. Action by devisee.

IV. EXBCUTOBS AND ADMIKI8TRAT0BS.

50. Action by executor.

51. Allegation of appointment of executor.

52. Action by an administrator.

53. Same ^Another form. 64. Same ^Another form.

55. Action by an administrator (Nebraska).

56. Action against an administrator.

57. Action against an administratrix (Nebraska).

58. Allegation of appointment as trustee by will.

59. Allegation of appointment of executors under a will.

V. INFANTS.

60. Action by an infant, suing by general guardian.

61. Suit by an infant, suing by next friend.

VI. INSANE PEBSONS.

62. Acticm by guardian of an insane person.

63. Action against the guardian of an insane person.

VU. PABTNEBS.

64. Action by or against partners.

65. Action by or against a surviving partner.

66. Action by surviving partner.

67. Allegations of partnership in action by partners.

Vm. COMPANY OB ASSOCIATION OF PERSONS.

68. Action by company in firm name (Nebraska).

69. Allegation where defendant is sued in firm name.

IX. RECEIVEBS.

70. Action by a receiver appointed pending litigation.

X. PUBLIC OFFICERS.

71. Suit for taxes.

72. Action against treasurer of bounty and a school district.

XL EX PASTE PETITIONS.

73. Petition to a judge.

74. Petition to the court.

XII.. TBUSTEES.

75. Action by trustee in bankruptcy.

76. Action hy trustee for creditors appointed by trust deed.

77. Action by trustee of estate of convict.

78. Action by trustees of unincorporated society.

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CONTENTS.

. MISCELLANEOUS.

untiff in his own behalf a: tiffs.

n behalf of himself and 01 ight by one taxpayer in

y alleging its organization

NKNOWN DEFENDANTS.

defendants are unknown, defendant is unknown.

HAPTER IV.

)NS COMMON TO ALL PLI a private statute or a rig]

itute and laws of foreign itute of foreign state and

linance by averring substai

itten instrument with plea

exhibits attached to plead

, founded on a written insi int.

alternative, tion and belief, relief.

:)HAPTER V.

ERVICE ON DEPENDANT B^

>n in an action on a not<

int.

y publication.

Y publication in divorce ca:

publication in case of sal

Xll

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CONTENTS.

PETITIONS IN PARTICULAR ACTIONS ALPHABETICALLY CLASSIFIED.

CHAPTER VI.

ACCOUNT.

102. Action for goods sold and delivered.

103. Action bj corporation against a corporation for balance due for

goods sold and delivered.

104. Action for balance due on account for goods sold and delivered,

setting up certain credits By corporation.

105. Action by partnership against partnership for goods sold and

delivered.

106. Action on assigned account for goods sold and delivered and

money loaned Assignee against debtor.

CHAPTER VII.

ACCOUNT STATED.

107. Common form.

108. Account stated for goods, wares and merchandise sold.

109. Action on by assignee.

CHAPTER VIII.

ASSAULT AND BATTERY.

110. Action for assault and battery.

111. Action for damages for assault and battery.

112. Action for assault and battery alleging damages caused by shoot-

ing and wounding plaintiff.

113. Action for assault and battery alleging damages by reason of

wounding and loss of time from business.

114. Action for damages for an alleged assault with intent to have

unlawful intercourse.

115. Action for assault alleging special damages.

116. Action for assault by being shot by defendant.

117. Action for damages by a passenger against a street railway com-

pany alleging assault by the conductor.

118. Allegations in action by passenger against carrier for assault.

119. Action against a railroad company for damages alleging assault

in negligently pulling plaintiff from his position on a freight car where plaintiff was stealing a ride.

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ENT.

)le value of leg^l services

ages for negligence in the

fee out of fund.

for the value of money and y for safe keeping, which

ty placed in the possession

irvant at the door of dining

lorse hired to the defendant, iced in the care of a trainer, value of baggage lost while

or failing to return goods

>r damages for failure to defendant's elevator.

)ank against depositor for

for amount of a check paid

check.

[ bank against a stockholder

ide by comptroller of cur-

er against a subscriber of r transfer of stock to avoid »cription.

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CONTENTS.

138. Action against a bank for damages for failure to make collection of a note placed in the bank for collection, alleging negligence in failure to present for payment when due, etc. 130. Action against stockholders and directors of a state bank for money received as deposit when bank was insolvent.

140. Action against a bank for refusal to honor checks drawn by

plaintiff or to pay plaintiff amount deposited with the bank.

141. Action against national bank to recover penalty for charging and

receiving usurious interest.

142. Action by administrator of deceased against bank for money paid

on a certificate of deposit to the widow and children of the deceased.

143. Allegations of special damagcfis sustained in action against one

who by fraudulent representations* caused a draft to be issued to him.

144. Action against the receiver of a bank, for the amount of a collec-

tion made on a draft placed with the bank for collection.

CHAPTER XII.

BILLS AND NOTES.

145. Action by payee against maker.

146. Same Allegation where part of note has been paid.

147. .\ction by payee against maker of a note made in foreign state,

with allegation as to statute of limitations of the foreign state.

148. Action by payee against maker alleging cancellation and delivery

to maker by mistake.

149. Action by payee against makers of note, husband and wife, alleging

intention to charge separate estate of wife.

150. Action against the maker on a lost note.

151. Action by indorsee against ^maker.

152. Action by indorsee against maker alleging protest.

153. Action by first indorsee a corporation against makers.

154. Action by indorsee against maker on note providing for payment

of attorney's fee.

155. Action by first indorsee against maker on two notes, and for

foreclosure of mortgage given to secure same.

156. Action by subsequent indorsee against maker where payment has

been made.

157. Action by indorsee against inOorser.

158. Action by indorsee against maker and indorser.

159. Action by holder against maker and indorsers alleging protest.

160. Allegations of waiver of notice of nonpayment and protest.

161. Action on note made by joint makers, subject to the conditions

of a contract.

162. Action by one of two assignees of payee, against maker and

indorsers who sign before delivery as guarantors. XV

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[its.

i maker a partnership firm.

I condition that a railroad

I by a certain date.

ount for services.

r of a check on which pay-

of bill of exchange, honor.

nonacceptance. bill has been countermanded. . indorser, for nonacceptance.

acceptor for honor, ier agreement to accept, acceptor, ool district, ty for the construction of

ere payment was refused. II.

s for the benefit of a sub- he principal contractor for 1 men.

terial for a public building, )orers and material men. ic work by party furnishing

by one who sustained dam- from liquors sold by saloon-

i sureties on his bond for [ between the wagon of one lor and the wagon in which

rs by the widow and minor }on of the husband commit-

widow alleging damages by from delirium tremens, be plaintiff where the goods rd party, o sheriff by plaintiffs in an

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CONTENTS.

189. Action upon a retaining bond given by the defendant in a replevin

suit.

190. Action on replevin bond by the defendant in the replevin suit,

where property was taken out of possession of the defendant and the replevin suit was dismissed for want of prosecution.

191. Action on a bond given in a replevin suit.

192. Action to recover on a supersedeas bond.

193. Action on a bond given under the provisions of section 513 of

the Code of Civil Procedure (sec. 6108 Gen. Stat, of Kan. 1909).

194. Action on bond given on appeal in a forcible detention case.

195. Same ^Another form.

196. Action on notary's bond for false certificate.

197. Action on the official bond of a county judge, for damages by

reason of certain money converted to his own use.

198. Action on the bond of a contractor for building a bridge for dam-

ages for failure to keep the work in repair.

199. Action on an injunction bond for damages where injunction pro-

ceeding was dismissed.

200. Action upon the bond of an abstractor given under section 1312

general statutes Kansas 1905, for damages for furnishing an erroneous abstract.

201. Action on the bond of a county treasurer for breach in failing to

turn over taxes collected.

202. Action on bond of an administrator to recovier money not accounted

for.

203. Action on an attachment bond for damages, alleging wrongful

suing out of attachment.

204. Action on bond given by defendant to discharge attachment.

205. Action on a forfeited recognizance.

206. Action on bond of sheriff to recover excess fees paid the sheriff

and for penalty provided by statute (Nebraska).

207. Action on sheriff^s bond for damage resulting from wrongful

release of levy.

208. Action on official bond of a sheriff for damages for failure to

record within the statutory time a deed of assignment.

209. Action on the bond of a sheriff for failure to pay over money

collected on an execution.

210. Action on a constable's bond for damages for the wrongful seizure

and sale of property in attachment, which did not belong to the defendant.

211. Action on official bond of a constable for damages resulting from

constable taking insufficient security on bond given in replevin.

212. Action on a constable's bond for failure to make levy.

213. Action on constable's bond for damages arising out of a levy

upon property of another than the execution defendant.

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568

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i

CONTENTS.

233. Action against carrier of freight for delay in shipment, of fat cattle, alleging damages in decline of market and shrinkage of cattle.

234. Same Another form.

235. Action for damages for failure to deliver cars for shipping cattle.

236. Action against carrier of freight for failure to properly provide

for watering sheep while in transit and for delay in delivery at destination.

237. Action against carrier of freight to recover overcharge and for

treble judgment under the statute (Kansas).

238. Action against carrier of freight for statutory penalty for failure

to furnish freight cars for transporting freight.

239. Allegations in action to recover unreasonable charges for trans-

portation of freight (Oklahoma).

CHAPTER XVI.

CARRIERS OF PASSENGERS.

240. Action against railroad company for damages arising from being

ejected from train.

241. Action for damages against a railroad for refusing to accept ticket

presented by the plaintiff and abusive and insulting language used by the servant of the defendant and expelling plaintifT from its car.

242. Action for damages for ejecting passenger from car of steam rail-

way company.

243. Action for assault and expulsion from train, alleging special dam-

ages because of humiliation.

244. Acstion against a railroad company by a passenger, alleging negli-

gence in failing to stop at station platform to allow plaintiff to alight safely. 245- Allegations of negligence in action for damages resulting from failure of carrier to call station and to assist plaintiff in getting off the train.

246. Action by passenger for damages for injuries alleged to have been

caused by defendant negligently stopping the train suddenly, throwing plaintiff violently against the seats.

247. Action by wife for death of her husband alleging negligence in

inducing deceased to leave the train while in motion.

248. Allegations of negligence in action for damages alleged to have

resulted from carrying plaintiff beyond regular stopping places and in sudden starting of the car while plaintiff was alighting.

249. Allegations charging negligence in starting train before plaintifT

had time to alight. a50. Allegations of defendant's negligence in action for damages due to injuries received while attempting to board street car which started suddenly, etc.

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CONTENTS.

269. Allegations of negligence in action for damages for personal in* juries by husband who was injured by falling on depot platform while going to purchase a ticket for his wife.

270. Allegations of negligence in an action for damagen for injuries received while riding on a sleeping car, alleging negligence in stopping on a crossing of another railroad and being run into by train on the other road.

271. Allegations of negligence in an action by a passenger against a

railroad company for damages for an injury received in a wreck alleging unsafe and dangerous road bed.

272. Action by passenger for damages for loss of baggage.

273. Action for damages for injuries sustained while riding on a pas-

senger elevator, alleging defective and dangerous condition of the elevator shaft.

274. Same ^Alleging negligence in the operator of the elevator.

275. Same Allegations of negligence where plaintiff was hurt in a

passenger elevator.

CHAPTER XVII.

CONTRACTS.

276. Action by real estate broker for commission due under a con-

tract to sell real estate.

277. Action for damages for breach of a contract to make a lease.

278. Action for breach of a contract to purchase real estate.

279. Action on a contract for rent.

280- Allegations in action for breach of contract.

281- A€»tion to recover damages for the breach of a contract to pay the

debts of a certain partnership.

282. Action upon a contract made for the benefit of a third person.

283. Action on a contract of a third person to pay for professional

services rendered to another.

284. Action for breach of an alleged contract to exterminate a certain

lot of prairie dogs.

285. Action on building contract for consideration for building bourse

and extra work.

286. Action for damages for breach of building contract.

287. Action on contract to pay for labor and hire of teams used in

construction work on a railroad. 2S8. Action for breach of a contract for subscription to the capital

stock of a bank. 289. Action for unpaid subscription to capital stock of plaintiff cor- poration. ZOO* Action on contract of employment as manager praying for an.

accounting. 2291 J^ction for damages for breach of contract of employment.

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CONTENTS.

307. Action for damages for breach of covenant of warranty in deed

alleging title in U. S. government and not the defendant who conveyed.

308. Action against the heirs of the covenantor for breadi of covenant

in warranty deed alleging dispossession.

309. Action by the grantor for breach of a covenant not to use the

property sold for hotel purposes within a certain period.

CHAPTER XXI. creditor's bills.

310. Creditor's bill to set aside certain conveyances of land alleged to have been made to defraud plaintiffs and hinder the collection of a judgment.

.'ill. Action to set aside conveyances alleged to have been made without consideration for purpose of defrauding creditors.

312. Action to set aside conveyance of real estate and personal prop-

erty alleged to have been made for the purpose of hindering^ delaying and defrauding creditors.

313. Suit in the nature of a creditor's bill.

CHAPTER XXII. damages.

314. Allegation of capacity to sue in action by parents for damages

for death of infant son.

315. Allegations of capacity to sue where action is brougfht by the

parents of deceased son.

316. Action for damages under the Missouri statute whore death re-

sulted from negligence in the State of Missouri.

317. Action against railroad company for damages alleged to have been

sustained by reason of laying tracks in the street.

318. Action for damages resulting from the constructing of a railroad

track in the street in front of plaintiff's property.

319. Action against railroad company for damages resulting from fail-

ure to construct sufficient culverts to carry water in its natural course through embankment.

320. Action against railroad company for damages arising from the

changing of the course of a creek by its embankment and making new channel.

321. Allegations in action to recover damages resulting from the alleged

wrongful construction by a railroad company of an embankment across a ravine so that the water was diverted upon plaintiff's premises.

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CONTENTS.

r obstructing a public i ' entering and searching n property.

on which notice of garni ure to make answer. »nkeeper for damages fo ler of plaintiffs, lulting from bringing dii ation of the statute and 1 cattle (section 9126 C

r the destruction of a q

linst a furniture dealer, iving therefrom a stove ^

d company for damagei cattle which escaped in g control the steers.

PTER XXIII.

LONY AND MAINTENAj

of the marriage on gro at time of supposed ma d living at that time fr

lent.

ent (Oklahoma).

lleging that the wife ai nt by another than her ' prior to marriage. L contract. ?ruelty, gross neglect of

lect of duty, of felony. ?t aside a decree of di^ rendering >ame and for ground of abandonment, ( Nebraska ) . leging defendant abandc

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CONTENTS.

345.

346. 347. 348.

349. 350. 351.

Petition for divorce alleging habitual drunkenness and extreme cruelty, and praying for an order enjoining defendant from selling or disposing of his property. Petition for divorce on the ground of extreme cruelty ( Nebraska ) .

Same Another form.

Allegations of extreme cruelty consisting of unjustifiable conduct although no physical or personal violence was inflicted.

Action by wife for divorce alleging a common law marriage.

Action to modify former decree for alimony.

Application for temporary alimony and restraining order.

CHAPTER XXIV

EJECTMENT

352. Action in ejectment setting out facts upon which plaintiffs base

right to recover.

353. Action in ejectment.

354. Petition in ejectment.

355. Petition in ejectment for possession and rents and profits (Ne-

braska ) .

CHAPTER XXV.

EMINENT DOMAIN.

356. Action for damages for lands taken for highway.

357. Action by railroad company to condemn land for right of way.

358. Application by railroad for appointment of commissioners to ap-

praise damages.

359. Action to condemn land for highway purposes by municipal cor-

poration.

CHAPTER XXVI.

EQUITY.

360. Action to set aside conveyances alleged to have been secured by

fraud practiced on plaintiff. 361* Action to set aside and cancel a deed made to one who took title for the purpose of reconveying to husband and wife separately.

362. Action to set aside and oancel deeds obtained by fraud.

363. Prayer for relief in equitable action where defendant was in

possession of land under an alleged forged deed. 3^4. Action against the assignee of a bank to have certain money paid to the bank declared a trust fund for the purpose for which it was paid.

XXV

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CONTENTS.

392. Action to remove a cloud from the title to real estate alleged to have been conveyed to hinder and defraud creditors.

383. Action to set aside conveyance alleged to have been made for the purpose of hindering, delaying or defrauding creditors.

CHAPTER XXX.

GUARANTY.

384. Action on written guaranty to pay for nursery stock sold to a

corporation, and for statutory damages for failure to honor drafts drawn for Amount due.

385. Action on a written guaranty guaranteeing the payment of goods

purchased from plaintiff. 386.* Same Another form. 387. Action for damages growing out of a breach of guaranty of title

of real estate.

CHAPTER XXXI.

HIGHWAYS.

388. Action against a county for damages resulting from allowing a

bridge across a stream to become and remain in defective con- dition.

389. Action by one county against an adjoining county for one- half

of the expense of repairing a bridge over a stream between the counties.

3fM>. Action by one county against another for amount found due by county board.

391. Action against a township for damages caused by a defective high- way.

CHAPTER XXXII.

HUSBAND AND WIPE.

3P2. Action by husband for damages for alienation of affections of

wife. 393. Action for damages for alienating husband's affections. 3^4. Allegations in action for damages for criminal conversation with

plaintiff's wife. 395. Action by wife for separate maintenance for herself and children.

(Nebraska.) 390. Action against the wife for professional services rendered by a

physician to the husband under the provisions of section 5317

Cob. Ann. Stat. 1911 Nebraska, xxvii

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CONTENTS.

wiie to have marriage which had not 1 declared to be legal, entitling plaintil % wife.

CHAPTER XXXIII.

INJUNCTION.

•strain the enforcement of a void judgme njoin defendant from proceeding to enf< ued on a dormant judgment, ijoin the enforcement of a void judgment in action for injunction to restrain defe >wn plaintiff's fence and passing over his ring for a restraining order, and for upon plaintiff's real estate and carrying

ing that defendant be restrained from ei al estate alleged to belong to plaintiff. Dst the tenants of a hotel praying an ii them from erecting an electric sign on 1 ttorney general on behalf of the state fc efendants who were alleged to be runni 3n of prohibitory law. eiilroad company against county treasure] tion of certain taxes alleged to be illegal njoin the trustees and clerk of a villaj special assessment levied to defray the a concrete sidewalk adjacent to plaintif restrain the defendant from operating ging that it was a nuisance, 'cstrain defendant from blasting rock i ►laintiff's house as to damage her prop( r life.

injoin the defendant from working at 1 in a certain town, in violation of a contrt njoin the defendant from obstructing a i intiff asserts over the defendant's real a private citizen to enjoin the defenda a public highway.

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CHAPTER XXXIV.

INSURANCE.

FIRE.

413. Action on a fire insurance policy for loss of dwelling and con-

tents.

414. Action on a fire insurance policy for damages caused by fire.

415. Action on a fire insurance policy by the assignee of the claim

under the policy.

416. Action on policy where property is totally destroyed.

417. Action on a fire insurance policy where mutual mistake was

made in original application and loss occurred before policy was issued.

418. Action against the agents of a fire insurance company for amount

of loss under a policy in an insolvent company.

419. Allegations in action on policy of fire insurance where agent

did not properly describe real estate on which dwelling was located.

420. Allegations in action on policy of fire insurance of waiver of

proof of loss within 30 days.

421. Action on fire insurance policy for loss occasioned by fire; allega-

tion of attempt to arbitrate.

422. Action by the mortgagee on an insurance policy for loss oc-

casioned by fire.

MABINE.

423. Action for loss under an insurance policy insuring a river barge.

424. 425. 426.

427.

428.

420. 430.

Action on a life insurance policy. Action on a policy of life insurance.

Suit on a life insurance policy by the assignee of the policy. Vexatious refusal to pay.

FBATEBNAL. BENEFIT.

Action on a beneficiary certificate where defendant through its agent secured possession of the certificate by false' and fraudu- lent representations, paying only a part of the amount of the certificate.

Action on a benefit certificate where the insured had been absent for seven years.

Allegations in action for the recovery of a disability claim.

Allegations in an action on a benefit certificate where new cer- tificate had been issued and beneficiary changed.

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448. 449.

450.

451.

452.

453.

Action by lessor by attachment for rent due on leased premises. Action by tenant against landlord for damages for breach of

covenant to make repairs. Action by a lessee of pasture lands for damages resulting from the

lessor's failure to repair fences according to his agreement. Action by the tenant against the landlord for damages by reason of premises being flooded with water from a water closet and basins located in the parts of the premises under control of the landlord. Action by landlord against tenant for damages for converting to his own use certain fences and buildings contrary to the terms of the lease. Action by tenant against the landlord for damages for injuries to plaintiff's child caused by falling into an unguarded hatch- way.

CHAPTER XXXVII.

UBEL AND SLANDER.

454. Action for damages for slander.

455. Same another form.

456. Action for damages for slander, charging theft and forgery.

457. Allegation charging slander.

458. Action for slander perjury.

459. Allegations in action for damages for slander.

460. Allegations of slander, charging attempt to blackmail.

461. Action for libel against the publisher of newspaper.

462. Action against the publisher of a newspaper for damages for

libelous article concerning plaintiff.

463. Action for damages against a newspaper for libel, averring

injury to business.

464. Allegation of libel in action for damages against a mercantile

agency for a false and untrue report on.

465. Petition for damages for libel by one participating in public

affairs, alleging charge of corruption, trickery, etc.

466.

CHAPTER XXXVIII.

LIEN UNDER PROHIBITORY LIQUOR LAW.

Action to establish a lien under the prohibitory liquor law, against the owner of the premises occupied by parties who had been con- victed of selling intoxicating liquors and a fine assessed.

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481. Allegations of negligence in action for damages for injuries re-

ceived while performing duty as switchman, alleging negligence in allowing excavations to be made along side of track.

482. Action for damages resulting from injuries received while work-

ing in a coal mine, alleging negligence in not bracing, casing and timbering the shaft.

483. Allegations in action for damages for personal injuries.

484. Allegation of negligence in an action for damages where servant

was directed to work in dangerous place and sustained in- juries.

485. Action by administratrix of deceased brakeman against railway

company for damages for death of employee alleged to have been caused by defective construction of track.

486. Allegations of negligence in action by parents to recover dam-

ages for loss of services of son killed by falling through mine shaft.

487. Allegations of negligence in an action by minor for damages,

alleging injury because of unsafe place to work in mine.

488. Allegation of negligence and injury in an action for damages

for injuries received while working in a coal mine, due to dangerous roof.

489. Allegation as to putting servant in unsafe place to work, with

knowledge of master and lack of knowledge of servant.

490. Allegations of negligence due to unguarded shaft causing inji /y

to plaintiff.

491. Allegations of master's negligence in action for personal in-

juries to common laborer due to falling from upper story of building in course of construction because of the absence of boards to protect workmen as expressly required by ordinance. 492- Allegations of negligence in an action by an employee for dam- ages resulting from an injury received while at work on a freight elevator.

493. Allegations of negligence in permitting railroad track to be

out of repair and in a dangerous and unsafe condition.

494. Allegation of negligence in action for damages, alleging negligence

in providing unsafe place to work.

495. Allegations of negligence in failure to provide a safe place to

work Injury caused by foot being caught in a switch frog. 490. Allegation of negligence in action by inexperienced youth in- jured while employed at a sawmill plant.

497. Allegations of negligence in action for damages by brakeman

injured while performing duty.

498. Action by section man against railroad company for damages

alleged to have been caused by a coemployee.

499. Allegations of negligence where a track repairer was killed

vrhile in the performance of his duties.

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tions of negligence in action founded upon

loying an unfit foreman.

tion of negligence in an action for dam

1 the negligence of a coemployee.

I for damages by lineman injured by the

ctive pole, upon which he and foreman

tening wires.

for damages alleged to have been the resu liinery furnished by defendant.

against railroad company by section ham Iting from use of defective tools.

for damages by workman on railroad trac king from use of defective and unsafe hand

by brakeman against railroad for dama^ i resulted because of unsafe and defective b »n by servant against street railway for dai onductor due to alleged defective car (unsal

by boy of 14 years for injury due to piece reight elevator striking boy on the head wh elevator assisting another servant in carr islies, alleging defective elevator, inexperiei ter to warn boy of danger, etc. tion of negligence in furnishing defective aj

for damages caused by being struck in t1 B of steel broken from a defective sledge ha ?lper.

against a railroad company for damages ve and worn drawheads on cars and coupli tion of negligence in an action for damage ve and dangerous machinery, tion of negligence in an action by fireiiu ne separating from tender, tion of master's negligence due to explo; erine used by servant in mining.

by parents for death of son, alleging neglige efendant to provide proper protection as re tory act."

for balance due under contract of emplo}? ch of said contract.

1 on a contract for wages alleging breach of ment for a definite period, and wrongful master.

by employee for breach of contract of emf

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