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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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relieved by pecuniary compensation, and that the breach of
an agreement to transfer personal property can be thus
relieved.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

123 C. 1, 6 (applied with other sections), 9 (construed), 11
(construed), 69 A. S. 17, 55 P. 713, 43 L. 199; 135 C. 256, 261 (con-
strued), 262 (applied), 67 P. 276; 52 P. 729, 730 (construed).

As to many miscellaneous matters as to specific performance,
see note § 3384, ante.

Distinctions between kinds of redress. — See Kerr's Cyc. C. C.
§ 3386 and note 3.

§ 3388. CONTRACT SIGNED BY ONE PARTY ONLY, MAY
BE ENFORCED BY OTHER. A party who has signed a
written contract may be compelled specifically to perform
it, though the other party has not signed it, if the latter has
performed, or offers to perform it on his part, and the case
is otherwise proper for enforcing specific performance.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
146 C. 286, 288, 79 P. 970, 971 (applied).

As to many miscellaneous matters as to specific performance,
see note § 3384, ante.

§3389. LIQUIDATION OF DAMAGES NOT A BAR TO
SPECIFIC PERFORMANCE. A contract otherwise proper
to be specifically enforced, may be thus enforced, though a
penalty is imposed, or the damages are liquidated for its
breach, and the party in default is willing to pay the same.

History: Enacted March 21, 1872.
1654



Tit.III,ch.II,art.Tn.] ENFORCEMENT. § 3390

See Kerr's Cyc. C. C. for 3 pars, annotation.

l'^3 C 1 6 (applied witli other sections), 9 (construed), 11
(construed), 69 A. S. 17, 55 P. 713, 43 L. 199; 135 C. 256. 261, 67
P. 276 (construed); 52 P. 729, 730 (construed).

As to many miscellaneous matters as to specific performance,
see note § 3384, ante.

§ 3390. WHAT CAKNOT BE SPECIFICALLY ENFORCED.

The following obligations cannot be specifically enforced:

1. An obligation to render personal service;

2. An obligation to employ another in personal service;

3. An agreement to submit a controversy to arbitration;

4. An agreement to perform an act which the party has
not power lawfully to perform when required to do so;

5. An agreement to procure the act or consent of the wife
of the contracting party, or of any other third person; or,

6. An agreement, the terms of which are not sufficiently
certain to make the precise act which is to be done clearly
ascertainable.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 44 pars, annotation.

88 C 245 249, 22 A. S. 301, 26 P. 99 (referred to); 119 C. 35,
38 50 P. 1063, 51 P. 536 (applied); 121 C. 396, 398, 66 A. S. 35.
53' P. 926 (applied); 122 C. 341, 348, 68 A. S. 35, 55 P. 3 (referred
to)- 130 C. 526, 529 (applied), 530 (referred to), 62 P. 927; 136
C. 605, 611, 69 P. 432 (applied); 140 C. 495, 497, 74 P. 40 (applied);
148 c' 610, 615, 618, 84 P. 166 (.allegations of complaint sufficient
to warrant specific performance of contract to sell lieu land
selected for surrendered forest land); 1 C. A. 259, 265, 81 P.
1120 (equity will not compel performance by one party where
there is no certainty that other party even Intends to carry
out promises made by him).

As to certainty and definiteness of contract as affecting
specific performance thereof, see 1 L. 381.

As to certainty in contract requisite for specific performance,
see 26 A. D. 661.

As to effect of inability to perform upon jurisdiction of chan-
cery, see 16 Li. 614.

As to many miscellaneous matters as to specific performance,
see note § 3384, ante.

As to specific performance of contract for conveyance where
wife refuses to unite in the conveyance, see 24 L. 763.

As to specific performance of contract for personal service,
see 6 L. 653.

1655



§ 3391 CIVIL, CODE. [Div.IV.Pt.I.

§3391. WHAT PARTIES CANNOT BE COMPELLED TO
PERFORM. Specific performance cannot be enforced against
a party to a contract in any of the following cases:

1. If he has not received an adequate consideration for
the contract;

2. If it is not, as to him, just and reasonable;

3. If his assent was obtained by the misrepresentation,
concealment, circumvention, or unfair practices of any party
to whom performance would become due under the contract,
or by any promise of such party which has not been substan-
tially fulfilled; or,

4. If his assent was given under the influence of mistake,
misapprehension, or surprise, except that where the contract
provides for compensation in case of mistake, a mistake
within the scope of such provision may be compensated for,
and the contract specifically enforced in other respects, if
proper to be so enforced.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 33 pars, annotation.

74 C. 557, 563, 5 A. S. 470, 16 P. 386, 389 (construed); 77 C.
114, 115, 116 (construed), 19 P. 190; 123 C. 447, 451, 56 P. 58
(construed); 124 C. 492, 494, 57 P. 386 (applied); 128 C. 120,
128, 60 P. 689 (applied); 129 C. 283, 287, 61 P. 907, 50 L. 548
(applied); 134 C. 170, 171, 66 P. 231 (referred to); 135 C. 256,
261, 263 (referred to), 67 P. 276; 142 C. 462, 467, 76 P. 62 (re-
ferred to); 144 C. 528, 535, 78 P. 25 (applied); 148 C. 374, 377,
83 P. 148 (cited — sufficiency of complaint for specific perform-
ance); 149 C. 613, 614, 87 P. 193 (cited — vendor's complaint for
specific performance of executory agreement for sale of land) ;
151 C. 220, 226, 90 P. 536 (cited — specific performance of con-
tract to convey land should be refused when); 6 C. A. 152, 156,
91 P. 667 (cited — what is necessary to enforcement of contracts
to convey during lifetime of parties).

As to fraudulent expression of opinion as a defense to specific
performance, see 35 L. 417, 433.

As to inadequacy of consideration as a ground for refusing
specific performance, see 15 A. D. 299.

As to many miscellaneous matters as to specific performance,
see note § 3384, ante.

Mutuality resulting from executed consideration. — See Kerr's
Cyc. C. C. § 3386 and note.

1656



Tit.III.ch.II.art.III.] performance. §§ 3392-3395

§ 3392. WHAT PARTIES CANXOT HAVE SPECIFIC PER-
FORMAXCE I\ THEIR FAVOR, Specific performance can-
not be enforced in favor of a party who has not fully and
fairly performed all the conditions precedent on his part to
the obligation of the other party, except where his failure to
perform is only partial, and either entirely immaterial, or
capable of being fully compensated, in which case specific
performance may be compelled, upon full compensation be-
ing made for the default.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 36 pars, annotation.

4 C. A. 361, 368, 88 P. 287 (when failure to perform obligation
is insufficient, in equity, to constitute defense to action for
breach of contract).

As to many miscellaneous matters as to specific performance,
see note § 3384, ante.

As to no remedy unless mutual, see Kerr's Cyc. C. C. § 3386
and note.

§3393. SPECIFIC PERFORMANCE >0T REQl'IRED
^\nl:y oppressive (repealed).

History: Enacted March 21, 1872; repealed Mnnii r!f». is;74.
Code Amdts. 1873-4, p. 267.

§3394. AGREEMENT TO SELL PROPERTY RV ONE
WHO HAS NO TITLE. An agreement for the sale of prop-
erty cannot be sppcifically enforced in favor of a seller who
cannot give to the buyer a title free from reasonable doubt.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to many miscellaneous matters as to specific performance,
see note § 3384. ante.

§339.-.. RELIEF AGAINST PARTIES (LAIMI.X^ I VDER
PERSON BOUND TO PERFORM. Whenever an obligation
in respect to real property would be specifically enforced
against a particular person, it may be in like manner en-
forced against any other person claiming under him by a
title created subsequently to the obligation, except a pur-

1657



§ 3399 CIVIL CODE. [Div.IV.Pt.I.

chaser or encumbrancer in good faith and for value, and
except, also, that anj- such person may exonerate himself
by conveying all his estate to the person entitled to enforce
the obligation.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

122 C. 659, 664, 55 P. 587 (applied); 136 C. 138, 143, 89 A. S.
120, 68 P. 587 (construed).

As to many miscellaneous matters as to specific performance,
see note § 3384, ante.



ARTICLE IV.

REVISION OF CONTRACTS.

§ 3399. When contract may be revised.

§ 3400. Presumption as to intent of parties.

§ 3401. Principles of revision.

§ 3402. Enforcement of revised contract.

§3399. WHEN CONTEACT MAY BE REVISED. When,
through fraud or a mutual mistake of the parties, or a mis-
take of one party, which the other at the time knew or sus-
pected, a written contract does not truly express the inten-
tion of the parties, it may be revised on the application of a
party aggrieved, so as to express that intention, so far as it
can be done without prejudice to rights acquired by third
persons, in good faith and for value.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 81 pars, annotation.

65 C. 280, 281, 3 P. 881, 882 (construed and applied); 68 C.
611, 615, 616, 10 P. 179, 181, 182 (construed and applied); 83 C.
155, 158, 23 P. 294, 295 (construed and applied); 85 C. 488, 502, 24
P. 930, 933 (construed and applied); 86 C. 335, 340, 24 P. 993
(construed and applied); 88 C. 207, 209, 212, 213, 26 P. 85, 86,
87 (construed and applied); 31 P. 367, 369 (cited); 112 C. 345,
352, 53 A. S. 216, 44 P. 670 (construed and applied); 120 C. 67,
69, 52 P. 119 (construed and applied); 123 C. 324, 330, 55 P.
1057 (construed and applied); 132 C. 582, 584, 64 P. 1097, 1098
(construed and applied with other sections); 137 C. 71, 75, 69
P. 844 (construed and applied with other sections); 137 C. 89,,

1658



Tit.III,ch.II,art.IV.] PRINCIPLES. §§ 3400-3402

93, 68 P. 850 (construed and applied); 137 C. 456, 458, 70 P.
294 (construed and applied): 138 C. 112. 115, 70 P. 1005 (con-
strued and applied); 144 C. 450, 454, 77 P. 1032 (construed); 150
C. 21, 26, 27, 87 P. 1029 (relief is not to be refused because party
asking it might have discovered mistake before signing); 2
C. A. 433, 435, 84 P. 53 (action to enforce contract, and to
enforce it as reformed, lies when).

As to equitable jurisdiction and relief in case of mistake, see
note 6 Paige Ch. (N. T.) 347, 3 L. ed. 1015.

As to reformation by suit in equity, see 65 A. S. 481.

As to reformation of instruments affecting homesteads, see
77 A. S. 804.

As to reformation of instruments and cause and proceedings
relating to, see 65 A. S. 481.

As to reformation of instrument on ground of mistake, see
30 A. S. 621.

As to when relief will l)e granted and instrument reformed,
see 3 L. 189; 5 L. 156.

§3400. PRESUMPTION AS TO I>TE\T OF PARTIES.

For the purpose of revising a contract, it must be presumed
that all the parties thereto intended to make an equitable
and conscientious agreement.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

132 C. 582, 584, 64 P. 1097 (construed and applied with other
sections of code); 2 C. A. 433, 435, 84 P. 53 (action to enforce
contract, and to enforce as reformed, lies when).

§.S401. PRINCIPLES OF REVISION. In revising a writ-
ten instrument, the court may inquire what the instrument
was intended to mean, and what were intended to be its legal
consequences, and is not confined to the inquiry what the
language of the instrument was intended to be.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

85 C. 488, 501, 24 P. 930, 933 (construed and applied); 132
C. 582, 584, 64 P. 1097, 1098 (construed and applied with other
sections); 2 C. A. 433, 435, 84 P. 53 (action to enforce contract,
and to enforce it as reformed, lies when).

§3402. ENFORCEMENT OF REVISED CONTRACT. A

contract may be first revised and then specifically enforced.

1659



§ 3406 CIVIL CODE. [Div.IV.Pt.I.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 422,
held unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 6 pars, annotation.

132 C. 582, 584, 64 P. 1097, 1098 (construed and applied with
other sections); 137 C. 71, 75, 69 P. 844 (construed and applied
with other sections and with §1856 C. C. P.); 137 C. 456, 458,
70 P.- 294 (construed and applied); 149 C. 122, 126, 84 P. 835
(contract, in same action, may be first revised, and then specific-
ally enforced); 150 C. 21, 26, 87 P. 1029 (cited — execution of deed
without reading- it); 2 C. A. 433, 435, 84 P. 53 (action to enforce
contract, and to enforce it as reformed, lies when).



ARTICLE V.

RESCISSION OP CONTRACTS.

§ 3406. When rescission may be adjudged.

§ 3407. Rescission for mistake.

§ 3408. Court may require party rescinding- to do equity.

§3406. WHEN RESCISSIOJf MAY BE ADJUDGED. The

rescission of a written contract may be adjudged, on the
application of a party aggrieved:

1. In any of the cases mentioned in section sixteen hundred
and eighty-nine; or,

2. Where the contract is unlawful, for causes not apparent
upon its face, and the parties were not equally in fault; or,

3. When the public interest will be prejudiced by permit-
ting it to stand.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 6, 1901, Stats, and Amdts. 1900-1, p. 422.
held unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 140 pars, annotation.

86 C. 248, 251, 21 A. S. 33, 24 P. 1018 (construed); 98 C. 490,
499, 502, 33 P. 550, 553 (construed with other sections); 120 C.
502, 511, 47 P. 369, 52 P. 797 (construed with other sections);
133 C. 441, 443, 65 P. 894 (construed and applied with other
sections); 138 C. 668, 672, 72 P. 149 (construed and applied with
§1689, subd. 2); 141 C. 56, 63, 74 P. 433 (construed and applied
with other sections); 147 C. 739, 743, 82 P. 436 (contract obtained
by fraudulent promise may be rescinded); 148 C. 539, 547, 83 P.

1660



Tit.III,ch.II,art.V.] RESCISSION. § 3407

1000 (rules of equity not applicable when); 149 C. 667, 676, 87
P. 276 (ground for rescission must be alleged and relief sought);
1 C. A. 690, 694, 82 P. 1052 (basis of action to rescind).

As to effect of rescission, see 15 A. D. 572-575.

As to fraud in contracts, see Kerr's Cyc. C. C. §§ 1572-1574 and
notes.

As to how and within what time right of rescission must be
exercised, see 74 A. D. 657.

As to misrepresentation, see Kerr's Cyc. C. C. § 1568 and note.

As to mistake, see Kerr's Cyc. C. C. §§ 1576-1579 and notes.

As to placing of parties In statu quo, see Kerr's Cyc. C. C.
§ 3407 and note.

As to relief from fraud or mistake in instrument, see 4 L. 483;
5 L. 152; 6 L. 835; 11 L. 857; 12 L. 273.

As to rescinding in equity where there is no actual fraud,
accident, or mistake, see 15 A. D. 572, 4 L. 483; 5 L. 152; 6 L.
835; 11 L. 857; 12 L. 273.

As to rescission of contract for gross ignorance or mistake
respecting value of property, see 54 A. R. 614.

As to rescission of contract, when, how, and by whom may
be made, see 50 A. D. 672.

As to rescission of contracts for gross inadequacj- of con-
sideration, see 15 A. D. 572-575.

As to rescission of contracts in equity where tlicre is no
actual fraud, accident, or mistake, see 15 A. D. 572-575.

As to rescission of contracts made with heirs, reversioners,
and expectants in the lifetime of the ancestor, see 15 A. D.
572-575.

As to rescission of sale for fraud in purchase on credit, see
18 A. S. 362.

As to rescission when advantage has been taken of the situa-
tion or condition of one of the parties, see 15 A. D. 572-575.

As to right and conditions of rescission, see 1 L. 826; 6 L.
503; 9 L. 607.

As to right to rescind contract without liability for non-
performance, see note 30 L. 33-73.

As to right to rescind or abandon contract because of other
party's default, see note 30 L. 33-73.

As to setting aside written instrument for fraud and fraud-
ulent representations, see 11 L. 66, 96.

As to undue influence in contract, see Kerr's Cyc. C. C. § 1575
and note.

As to what will warrant rescission, see 30 L. 33-73.

Duress — As to effect of duress upon contracts, see Kerr's Cyc.
C. C. § 1569 and note.

§3407. llESriSSIO\ FOH MISTAKE. Rescission cannot
be adjudged for mere mistake, unless the party against

1661



§ 3408 CIVIL CODE. [Div.IV.Pt.I.

whom it is adjudged can be restored to substantially the
same position as if the contract had not been made.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 27 pars, annotation.

94 C. 56, 58, 28 A. S. 91, 29 P. 329 (construed and applied); 98
C. 490, 4'99, 33 P. 550, 553 (construed and applied with other sec-
tions)'";- 109 C. 417, 426, 42 P. 139 (construed and applied with
§1691); 114 C. 161, 168, 45 P. 1054, 46 P. 386 (construed); 120
C. 502, 511, 47 P. 369, 52 P. 797 (construed and applied with other
sections); 124 C. 264, 268, 56 P. 1042 (referred to with §1691);
146 C. 379, 390, 80 P. 234 (construed with § 3408 — what restora-
tion is sufficient in rescission for fraud) ; 148 C. 539, 547, 83 P.
1000 (rules of equity not applicable when); 149 C. 667, 676, 87
P. 276 (ground for rescission inust be alleged and relief sought).

§ 3408. COURT MAY KEQUIRE PARTY RESCINDING TO
DO EQUITY. On adjudging the rescission of a contract, the
court may require the party to whom such relief is granted
to make any compensation to the other which justice may
require.

Historj-: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

94 C. 56, 58, 28 A. S. 91, 29 P. 329 (construed); 98 C. 490, 499,
502, 33 P. 550, 553 (construed and applied with other sections);
120 C. 502, 511, 47 P. 369, 52 P. 797 (construed and applied with
other sections); 123 C. 377, 378, 55 P. 1007 (referred to); 146 C.
379, 390, 80 P. 234 (construed with § 3407— what restoration is
sufficient in rescission for fraud); 147 C. 739, 744, 82 P. 436
(rescission on ground of fraud — restoration not necessary
when); 148 C. 539, 547, 83 P. 1000 (rules of equity not applicable
when); 152 C. 383, 394, 92 P. 1011 (if offer of rescission has been
made and refused, and party is compelled to sue for rescission,
principles of equity apply); 1 C. A. 690, 694, 82 P. 1052 (basis of
action to rescind).



1662



Tit.III,ch.II,art.VI.] CANCELLATION. §§3412,3413

ARTICLE VI.

CANCELATION OF INSTRUMENTS.

§ 3412. When cancelation may be ordered.
§3413. Instrument obviously void.
§ 3414. Cancelation in part.

§ 3415. Reissuance, etc., of lost private documents or instru-
ments.

S3412. WHEN CAIV( ELATION MAY BE ORDERED. A

written instrument, in respect to which there is a reasonable
apprehension that if left outstanding it may cause serious
injury to a person against whom it is void or voidable, may,
upon his application, be so adjudged, and ordered to be
delivered up or canceled.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act Marcli 6, 1901, Stats, and Amdts. 1900-1, p. 422,
held unconstitutional, see liistory, § 4 ante.

See Kerr's Cyc. C. C. for 13 pars, annotation.

59 C. 194, 197 (construed and applied): 79 C. 443. 445, 21 P.
946. 947 (construed and applied); 83 C. 234, 238, 23 P. 298 (con-
strued and applied); 102 C. 627, 631, 36 P. 1011 (construed and
applied); 126 C. 471, 474, 77 A. S. 195. 58 P. 910 (referred to);
132 C. 691. 697. 64 P. 1091. 1092 (construed and applied); 6 C. A.
?,r,, 43. 91 P. 409 (action under § 738 C. C. P. could accomplish
nothing more nor less than action under § 3412 C. C); 36 F. 33",
352 (cited).

§3413. INSTIUMKNT (HJVIOrSLY VOID. An instrument,
the invalidity of which is apparent upon its face, or upon the
face of another instrument which is necessary to the use of
the former in evidence, is not to be deemed capable of caus-
ing injury, within thf pi-ovisious of the last section.

TIlMtory: F^nacti-d March 21. 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

55 C. 564, 566 (meaning of "instrument" — it does not embrace
what); 79 C. 443, 445. 21 1'. 9ir.. lUT ( const ni.<l .ind .ipplbd ).



1663



§§ 3414, 3415 CIVIL CODE. [Div.IV,Pt.I.

§3414. CANCELATION IN PART. Where an instrument
is evidence of different rights or obligations, it may be can-
celed in part, and allowed to stand for the residue.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

55 C. 564, 566 (meaning of "instrument" — it does not embrace
what) - 86 C. 248, 251, 21 A. S. 33, 24 P. 1018 (construed and
applied with other sections).

§3415. RE-ISSUANCE, ETC., OF LOST PRIVATE DOCU-
MENTS OR INSTRUMENTS. An action may be maintained
by any person interested in any private document or instru-
ment in writing, which has been lost, destroyed or damaged
by conflagration or other public calamity, to prove, establish,
compel the re-issuance, re-execution, and re-acknowledgment
of such document or instrument. If such document or in-
strument be a negotiable instrument, the court must compel
the person in whose favor it is drawn to give a bond exe-
cuted by himself and two sufficient sureties to indemnify the
person re-issuing, re-executing, or re-acknowledging the
same against any lawful claim thereon.

History: Enacted June 18, 1906, Stats, and Amdts., extraordi-
nary session 1906, p. 86. In effect immediately.



1664



Tit.III.ch.III.] INJUNCTION. § 3420

CHAPTER III.

PREVENTIVE RELIEF.

§ 3420. Preventive relief, how granted.

§ 3421. Provisional injunctions.

§ 3422. Injunction, when allowed.

§ 3423. Injunction, when not allowed.

§3420. PREVENTIVE KELIEF, HOW GRANTED. Pre-
ventive relief is granted by injunction, provisional or final.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 164 pars, annotation.

INJUNCTIONS.

As to cemetery property, burials, or removal of remains. — See
3 L. N. S. 482-493.

Affecting- real property in another state or country, jurisdic-
tion to issue. — See 69 L. 689.

Against action or proceedings in foreign jurisdiction. — See
21 L. 71-75; 69 L. 689.

Against acts of food commissioners which affect sale of foods.
—See 15 L. N. S. 331.

Against blasting. — Sec 6 L. N. S. 570.

Against broach by employee of agreement not to engage in a
competing business. — See 16 L. N. S. 389.

Against commission of crime — As to generally, see 35 A. R.
670; 2 L. N. S. 1111.

Sanu — "When property rights involved. — See 3 L. N. S. 622.

Against continuance of a nuisance. — See 56 A. R. 6.

Against control, use of, or interference with church property.
—See 3 L. N. S. 854-879.

Against cotenant in partition suit. — Sec 12 L. 484.

Against crimes and criminal prosecutions. — See 1 A. C. 119;
r. A. C. 1012; 7 A. C. 574; 10 A. C. 757; 35 A. R. 670; 21 L. 84-88;
2 L. N. S. Ill; 3 L. N. S. 622.

Against criminal proceedings. — See 21 L. 84-SS.

Against dealing in non-transferable railroad tickets. — See 10
L. N. S. 437.

Against docum.ntary evidence. — See 1 L. 754.

Against eminent domain proceedings to restrain irreparable.
— See 5 L. 661, 662.

Against enactment of void municipal ordinances. — See 36
A. S. 449.

Kerr's C. C. — 53 1665



§ 3420 CIVIL CODE. [Div.IV,Pt.I.

Against enforcement of liens or claims against specific prop-
erty, amount in dispute in case of. — See 61 L. 781.

Against enforcement of void municipal ordinances. — See 118
A. S. 372.

Against execution sale or other proceedings under final
process. — See 30 L. 99-142.

Against false statement as to plaintiff's property or business.
— See 16 L. 243.

Against garnishment of wages, proof of rule of employer
providing for discharge of employee whose wages are garnished.
—See 6 L. N. S. 491.

Against hunting or fishing of navigable waters or against
interfering therewith. — See 17 L. N. S. 1236.

Against illegal acts — Of municipal and other public corpora-
tions. — See 2 A. S. 92.

Same — Of police officers other than arrest. — See 2 L. N. S. 678,
683.

Against improper use of leased premises. — See 59 A. D. 70.

Against inducing breach of contract or assisting in a con-
tinuance of such breach. — See 11 L. N. S. 202.

Against interference with public agency. — See 15 L, 64.

Against judgment — As to generally, see 32 L. 321.

Same — Against or in favor of sureties. — See 31 L. 60-66.

Same — Entered by confession. — See 30 L. 235-242.

Same — For defenses existing prior to rendition. — See 31 L.
747-774.

Same — For errors and irregularities. — See 30 L. 700-709.



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