Morris M. (Morris March) Estee.

Estee's Pleadings, practice, and forms, adapted to actions and special proceedings under codes of civil procedure (Volume 1) online

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THE LIBRARY
OF

THE UNIVERSITY

OF CALIFORNIA

LOS ANGELES

SCHOOL OF LAW



ESTEE'S
PLEADINGS, PRACTICE,



AND FORMS,



ADAPTED TO



ACTIONS AND SPECIAL PROCEEDINGS



UNDER



CODES OF CIVIL PROCEDURE.



BY

MORRIS M. ESTEE,

COUNSELOR-AT-LAW,



FOURTH EDITION:

REVISED AND ENLARGED BY

CHARLES T. BOONE,

COUNSELOR-AT-LAW.



IN THREE VOLUMES.
VOL. I.



SAN FRANCISCO:

BANCROFT-AVIIITNEY CO.,

Law Publish ers anp Law Booksellers.



T"

Entered according to Act of Congress, in the year of our Lord one

tiiousand eight hundred and sixty-nine,

By morris M. ESTEE,

In the Clerk's Office of the District Court of the United States, for

the District of California.

Entered according to Act of Congress, in the year 1879,

By a. L. BANCROFT & CO.,

In the Office of the Librarian of Congress, at Washington.

Entered according to Act of Congress, in the year 1885,

By a. L. BANCROFT & CO.,

In the Office of the Librarian of Congress, at Washington.

Entered according to Act of Congress, in the year 1897,

By BANCROFT-WHITNEY CO.,

In the Office of the Librarian of Congress, at Washington.



PREFACE TO FOURTH EDITION



More than a dozen years have elapsed since the issue of the
third edition of Estee's Pleading, Practice, and Forms. During
that period of time Codes of Procedure in the several states
have undergone many material alterations by way of amend-
ments, and a vast number of judicial decisions have accumulated
upon the subject of Code pleading and practice. And more
especially is this true as regards the Pacific states and territories.
In the preparation of the present edition of this standard n'ork,
resort has been had to the decisions of the highest courts of the
Pacific coast states in connection with the latest Code amend-
ments, and an cfl'ort has been made to include everything tliat
would add to the value and usefulness of the work. Leading
decisions of the highest courts of other Code states have also
been fully given in order to present a complete view of Code
pleading and practice in the light of the latest judicial utter-
ances. The plan of tlie third or preceding edition has not been
materially changed. New matter has been added in the way
of additional sections, or in extended notes to the text. The
text itself has not been changed except when necessary by
changes made in the law. The forms have been revised in ac-
cord with the latest enactments and decisions. Where cases
cited are re-reported in American Decisions, American Reports,
or American Stnto Ifeports, doul)le references are given. The
additional matter has necessitated the making of a new index
to the whole work.

C. T. B.
San Francisco, September 1, 1897.



a^^i""



PREFACE TO THIRD EDITION.



In the preparation of the third edition ot this standard work,
while the general plan of the two former editions has been mainly
followed, certain changes have been made in arrangement of
the several subject-matters discussed, whenever a change seemed
desirable. An effort has also been made to enlarge the original
scope of the work, and enhance its usefulness, by incorporating
in it a large number of new forms, adapted to the needs of the
profession in all the Code states and territories. The forms so
added have been carefully prepared, and have uniformly been
approved by the appellate courts. Whenever necessary the
forms contained in the previous editions have been revised so as
to harmonize with the most recent decisions. Many new and
recent authorities have also been examined and cited, from all
the states which have adopted the reform procedure: and when-
ever a change has been made in the rules and doctrines con-
tained in the previous editions, either by judicial decision or
legislative enactment, the same has been noted, and the text
modified accordingly. All the citations have been carefully
compared and verified by reference to the original reports, ami
it is confidenfly hoped that thoy will 1)o foiiiul substantially
correct. The citations have been placerl in notes at the bottom
of the pages, and not embodied in the text as in previous
editions.

C. P. POMEEOY.

S\\ Francisco, October. 1SR4.



PREFACE TO SECOND EDITION.



The preface to the original work states all that need be said as
to its plan and scope. The great favor the work has met wilii
from the profession, as well as its intrinsic merits, which ai-e
apparent without reference to its popularity, prohibited any
change in its plan in this revision.

Considerable new matter has been introduced, especially in
those parts relating to parties, and to pleadings in general; while
new notes and new citations of authorities have been added
throughout the work wherever it seemed necessary or desirable.

The original citations have also been carefully examined, and
tlie errors incident to a new work corrected. It is impracti-
cable, in a work of this character, to give a statement of the point
decided in each case referred to; but it is believed that Ciicb
citation will be found to sustain directly, or illustrate, the point
or subject to which it is cited.

The forms have also been carefully examined and, so far as
necessary, corrected; and in the second and third volumes will
be found many forms not contained in the original work.

At the time the original work was written, the Practice Act
was in force in Calilnniia — since that time the Civil Code and
the Code of Civil Procedure have l)cen adopted. So far as
these Codes have changed the law or practice in that state upon
sul)jects treated of, such changes have been stated, or rofereiu-c
made thereto; and wherever a Code is cited with(mt giving tlie
name of the state, the Codes of California are intended.

While the Code of each state having one differs in many
particulars froin tliat of every other, yei it will he found thai ;ill
fire ])ased upon coiinnon ]ii'inci|iles. and |ii'act it ionei's in otlnT
states w'ill readily adapt this work to the peculiarities of their
own T'oflc: and in states not having a Code, flic ])rofession will
find it of great value, not only because of its niinu'rous citations
upon all leading subjects, but because it has now become neces-



\lii rilEFACK TO SECO^'D EDITION.

t^ary for eommon-law practitioners to become i'ainiliar with Code
pleading and |)raetice. - \

I n a work covering so many branches of the law, absolute free-
dom from errors should not be expected; but it is hoped and
believed that its utility to the general practitioner will more
than atone for its errors.

San Francisco, /a/3; 1, 1878.



PREFACE TO FIRST EDITION.



In the preparation of this work my object has been to pre-
sent to the profession the chief requisition of good pleading,
with forms adapted to the modern practice, accompanied by
numerous authorities sustaining them.

With this object in view, I have commenced at the fii'st
inquiry made by the practitioner, in bringing or defending an
action, and have advanced with him step by step in the prose-
cution or defense of the same; giving, as far as possible within
the scope of this work, the law relative to the pleadings and
practice, with the forms necessary for use, to the final disposi-
tion of the cause.

Althougli the forms given are specially adapted to the prac-
tice in California, Xevada and Oregon, and the territories on
the Pacific slope, yet, with rare exceptions, they are equally
applicable in New York and nearly all of the other states of
the Union.

The notes under the forms have been arranged alphabetically,
with side heads to each, which will be found to be an index to
their contents, and a majority if not all of the recent decisions,
not only of the Siii)reme Courts of the Pacific states, but of the
various courts of the other states of the Union, and of England,
have been consulted, and brief extracts or references to them
appear under the appropriate headings.

The general principles discnssed in the first part of this work.
as well as the general propositions at the commencement of tlie
loading subjofts, C(ini])laints. Summons. Change of Place of
Trial, T)fniurrcr, .\ns\\or. Notices, ^lotions. Statement. New
Trial, .\ppoal, etc., will, it is believed, be a gnide and assistance
at earh stage of tlie proceedings.

Tbn forms have been carefully prepared, and in general will
he found correct, ^lany of them have been tested by the courts

ii



X PREFACE TO FIRST EDITIOX.

of last resort, and their correctness sustained, as will be seen
by reference to the authorities under each.

In submitting this book to tlie profession 1 am not uncon-
scious of the necessity of bespeaking for it a just, if not a
charitable criticism; and I trust that its imperfections, which
are doubtless many, will not seriously impair its usefulness.

M. M. E.



TABLE OF CONTENTS.

VOLUME I.



PART FIRST.

GENERAL PRINCIPLES.



CHAPTER. I.

REMEDIES.

§§ 1, 2. Remedies, liow secured.
§§ 3,4. Actions.
§§ 5-25. Special proceedings.
§ 26. Provisional remedies.

CHAPTER 11.
JURISDICTION.

§§ 27,28. In general.

§ 29. At chambers.

§ 30. Concurrent jurisdiction.

§§31. 32. Of state courts.
§§ 33-00. California courts.
§§ 34-38e. Supreme court jurisdiction.
H 30-49 1. Superior and District courts.
§§ 50-50b. Justice's court.

CHAPTER III.
PLACE OI' TRIAL.
§ r»l. In general.

§ .'">2. "Wlicre sul)ject-mattor is situated.
§ .'i2a. Actions alTecliug lands.
§ 53. Actions against counties.
8 M. Wlicrc cause of action arose.
§ Ttr*. M'lioro defendant resides.

§§ 5G-94a. Change of place of trial.



4.


§ lU.


5.


S 05.


(i.


S 08.


7.


S 71.


S.


S 75.


9.


§ 82.


10.


§ 85,


11.


S 8t),


12.


§ 93.


13.


S 94,



Xii TAULK Ol' CONTENTS.

Foriii 1. § 5l>. Demaiul lor chaufje.

2. § 01. Form of uotice.

3. §03. iStati'iiiont of • ground — Not proper county from

situation of subject-matter,
Not county wliere cause of action arose.
Attidavit on ground of nonresideuce.
Attidavit on ground of prejudice.
Attidavit on account of convenience of witnesses.
Atlidavit on account of dis(iualitication of judge.
Attidavit resisting motion for change.
Order denying motion.
Order granting change.
§ 93. Order transferring cause to another court.
Notice of trial of transferred action.
§§95-123. Removal of causes from state to federal courts.
§ 96. Special cases.

§ 90a. IJemovable causes — Act of 1887.
§ 901). I'arty entitled to remove — Citizenship.
§ 90e. Tlie same — Local prejudice.
§ 9Cd. Tlie same — Federal questions.
§ 90e. The same— Separable controversy,
§ 90f. The same — Time of application.
§ 96g. AYho may remove — Party defendant.
§ 9<>h. Notice of application.
§ 90i. When removal is effected.
§ 90j. Remand of cause.
Form 14. § 100. Entry of appearance,

15. § 107. Petition for transfer from state to federal court,
10. § 107a. The same — On ground of prejudice or local in-
fluence.

17. § 107b. Affidavit of prejudice or local influence.

18. § 107c. Bond to accompany petition.

19. § 107d. Petition on ground of citizenship.
§ 107e. The same.

§ 107f. Allegation as to citizenship.

20. § 110. Notice of motion for removal,

21. § 117, Order to show cause,

22. § 118, Order for removal.

23. § 123. Writ of certiorari to state court.



CHAPTER IV,

PARTIES TO CIVIL ACTIONS,

§ 124.' In general.

§ 125. In legal actions.

§ 120. In e(|uitable actions.

§ 127. Eciuitable doctrines adopted by code.

§ 128. Cause of action, meaning of.



TABLE OF CONTEXTS. xiii

CHAPTER V.

PARTIES PLAINTIFF — REAL PARTY IN INTEREST.
§ 130. Who is real pai-ty in intereat.
§ 132. When pix)-mise is foi' benefit of third person.

CHAPTER VI.

PARTIES PLAINTIFF — ACTIONS FOUNDED ON CONTRACT.

§ 133. Relation to contract, how may arise.

§ 134. Joinder of plaintiffs, generally.

§ 135. Must represent entire cause of action,

§ 136. Refusal of plaintiffs to join.

§ 137. Where parties are numerous.

§ 138. Common interest.

§ 139. Joint tenants and tenants in common.

§ 140. Joint owners of chattels.

§ 141. Executors and administrators.

§ 142. I'artners.

§ 143. Mortgages and mechanic liens.

§ 144. Principal and agent.

§ 14.'. Promissoi-j- notes.

§ 14(>. Quo u<arranto-

§ 147. Sheriffs.

§ 148. State or United States.

§ 149. Sureties.

§ 149a. Miscellaneous cases.

CHAPTER VII.
PLAINTIFFS IN ACTIONS ARISING FROM TORTS.
§ 150. In general.

§ 151. For injuries to real property.
§ l.''>2. FoV injuries to personal property,
§ 153. In ejectment.
§ 1.54. For Injuries to tlie person.
§ 1.55. Injuries to married women.
§ 1.5<). Injuries to cliild or servant.
§ 157. For seduction.

CHAPTER VIII.
DEFENDANTS IN ACTIONS THECAL AND EQUITABLE,
§ 1.58. Df'fendants Jdiiitly liable.
§ 1.50. .Annulling patent to land.
§ KU). Against assessors.
§ lf!l. Hrcarli of cdntract.
§ 102. E.xecutors and adujinistrators.



XIV TABLi: OF CONTENTS.

§ l(i3. roioclosuie suits.

S IW. Fiaiul.

§ liir>. Ejoctmeut.

§ IGl). Married women.

§ 1G7. lufauts.

§ 108. liifriiifienieut of patent.

§ 1G9. Injunt'tiou.

§ 170. Injuries caused by negligence.

§ 171. Legacy cliarged on land.

§ 172. rartners.

S 17H. I'riucipal and agent.

§ 174. Trespass.

§ 175. Trustees.

§ 170. Persons severally liable on same obligation.

|§ 170a, 17eb. Joinder,



PART SECOND.

Al^ALYSIS OF PLEADINGS.



CHAPTEK. I.

PLEADINGS IN GENERAL.

§ 177. Definitions.

§ 178. Object of pleading — The issue.

§ 179. Forms of action abolislied.

§ 180. Legal and equitable rights preserved.

§ 181. Legal and equitable relief granted in same action.

§ 182. Of what pleadings consist.

§ 183. Distinction between pleadings and tBe action.

§ 184. Facts only to be stated.

§ 185. Ck)nclusions of law not to be alleged.

§ 18G. Anticipation of defense.

§ 187. Facts independent of cause of action.

§ 188. Implications and presumptions of law.

189, 190. Material averments.

§ 191. Immaterial, irrelevant, and redundant matter.

§ 192. AYliat facts sliould be statea.

§ 19.3. What should be omitted.

§ 194. Mode of stating facts.

§ 195. Must l>e stated logically.

§ 190. Must be stated by direct averment.

§ 197. In ordinary and concise language.



T.4BLE OF CONTENTS. IT

§ 198. With sufficient ceitainty.

§§ 199. 199a-. Pleadiugs, how coustrued.

§ 200. Verified pleadings.

§§ 201-204. Admissions in pleadings.

§ 202. By demurrer and answer.

§ 203. By want of verification.

§ 204. Effect of admissions.

§ 205. Vailance and defects.

CHAPTER II.

FORMAL PARTS OF PLEADINGS.

§ 206. Of what formal parts consist.

Form 25. § 207. Formal parts of complaint — Title of cause.

20. § 217. Where some parties are unknown.

27. § 219. By and against corporations.

28. § 221. By state on the relation of individual.

29. § 222. By guardian ad litem.

30. § 223. By assignee for creditors.

31. § 224. By and against national banks.

32. § 226. By an officer of the state.

33. § 228. Title and conmiencement.

M. § 230. By one suing for liimself and others.

25. § 231. Conclusion of complaint.

36. § 233. Form of complaint complete.

3*7. § 234. Clerk's certificate to copy of complaint.

.38. § 235. Amended complaint — Commencemeut.

39. § 236. Defendant's pleadings — Commencement of de-

murrer.

40. S 238. Answer.

41. § 246. Commencement by defendant sued by wrong

name.

42. S 247. By an infant.

43. S 248. By an insane person.

44. § 249. By husband and wife.

45. § 250. Separate answer of defendant.

46. § 2m. Petitions — To the coiu-t.

47. § 2.52. Petition to a judge.

48. § 2.53. Caption in proljate proceedings — Decedent's

estate.

49. 8 2.54. Minor's est.nte.

50. ft 2.55. Insane iifcrs(jn'8 estate.

51. 8 2.56. Cajition in insolvency proceedings.
.52. 8 2.57. Caittion on habeas corf>us.

.5.3. 8 2.58. Caption on disliarment of attorney.
.54. 8 259. Caiiljoii nf ]»:iiicrs used in other courts.
55. 8 260. Oaiitioii for Justices' courts.
5(!. 8 26L Ordfi- ni' .ouit in an aclinn.

57. 8 262. Caiiiion, commencement and conclusion of afQ-
davits.



XVI TABl.K UF CUM'KMii.

Form r>8. § 1275. Certificate of clcrU to atlidavit.

ol). § 270. Jurat wheu depoueiit is bliud or illiterate.
60. S 277, .Iiuat wheu deponent is a foreigner.

CHAPTER III.

VERIFICATION OF PLEADINGS.

§ 278. Provisions of codes.
§§ 279-288. Construction of statute.
Form (il. S 284. Vcrilicalion by sole plaintiff or defendant.
On information and belief.
By one of several plaintilis or defendants.
By two parties, severally.
By otticer of corporation.
By attorney or agent knowing facts.
By agent when party is absent.
"When absent plaintiff is corporation.
Verification of petition.



('.2.


§ 285.


(i3.


§ 287.


(i4.


§ 289.


05.


§ 290.


0(>.


§ 293.


07.


§ 290.


68.


§ 300.


69.


§ 301.



PART THIRD.

PLEADINGS OF PLAINTIFF.



CHAPTEE. I.

COMPLAINTS IN GENERAL.

§ 803. First subdivision of complaint.
§§ 30.5-310. Character and capacity averred.

§ 300. Action by agent.

§ 307. Action by assignee.

§ 308. Action by company or partnership.

§ 309. Action by corporation.

§ 310. Permission to sue.
§§311-331. Second subdivision — Statement of cause of
action.

§ 312. AVhat facts must be stated.

§ 313. Allegations on information and belief.

§ 314. .Joinder of causes of action.

§ 314a. Separate statement of cause of action.
§8 315.815a. Causes of action which can not be joined.

§ 316. Splitting demands.

§ 317. Actions for debt.

§ 318. On contract, for breach of.

§ 319. I'leading contract.

§ 319a. Assumpsit — Common counts.



TABLE OF CONTENTS. Xvii

§ 320. Aveimeut of promise.

§ 321. Cousitleratiou, when must be alleged.

§ 322. Perfoimauce of coutracts.

§ 323. Xoniievformauce.

§ 324. ConciUTeut acts.
§§ 325, 32oa. Breach of coutract

S 32G. Special damages.

§ 327. Negligence, bow pleaded.

§ 328. Judgments, bow pleaded.

J§ 328,330. Statutes, bow pleaded.

§ 331. Statute of Limitatious, how pleaded.

§ 332. Third subdivision — Demand for relief.



FORMS OF COMPLAINTS.



SUBDIVISION FIRST.

BY AND AGAINST PARTICULAR PERSONS, INDIVIDUALLY, AND IN REPRESENTA-
TIVE CHARACTER AND OFFICIAL CAPACITY.



CHAPTER. I.
ASSIGNEES AND DEVISEES.

Form 70. § 333. By the assignee of a claim.

§ 334. What choses in action are assignable.

§ 335. Assignment of claims arising from torts.

§ 33i(!. Assignments, bow made.

§ 337. Mow iilleged.

§ 338. Averment of consideration for.

§ 330. .Assignment of accounts.

§ 340. Of bonds, notes, etc.

§ 341. By corporation.

§ 342. Of debts.

§ .343. rci-s<)ii:il jiropcrly not in possession.

§ 344. Of lease.

§ 34.5. Of mortgage.

§ 3I<;. Of iiisui-aiice iiolicy.

8 .347. Of Judjrments.

§ 34S. Of stoclv of coriioriition.
§§ 349-.340b. Effect of assignment.

Form 71. 8.3.50. By assignee — M'licri' plaintiff is trustee.

fi§ 351-357. Who are fnislcps nnd wiien may sue.

Form 72. ?§ 3.'.S, .3,-0. "Wliere iilaintiff is a devisee.

73. § 300. By assignee for benefit of creditors.

Vol. I— iii



XVlll TABLE OF CONTENTS.

CIIAPTKK 11.
JOINT TENANTS ANl) TENANTS IN COAmON.
Form 74. § 304. By joint teuant and tenants in comiuou.

CHAPTEli III.

OORPOKATIONS.

Form 75. § 309. By a foreign corporation,

70. § 372. Bj^ and against foreign coiiioration.

77. § 382. Against corporation formed under act in rela-

tion to roads and liighways.

78. § 384. On stocli assessments.

79. § 387. On stoclc subscription.

80. § 391. On subscription for a public object.

81. § 394. Against a municipal corpoi-ation.

82. § 395. Against county for guarding jail.

83. § 390. By a county.

84. § 404. Against trustees of dissolved corporation, for an

accounting.

85. § 408. Against directors of insui-ance company for un-

lawful acts.

86. § 409. Against directors of a corporation for unlawfully

declaring dividends, etc.

87. § 413. Individiial creditor against individual stock-

liolder.

88. § 414. The same — Shorter form.

CHAPTER IV.
EXECUTORS AND ADMINISTRATORS.
Form 89. § 419. By an executor.

90. S 420. By an administrator.

91. § 424. By executor or administrator suing in his own

right.

92. § 426. Against an administrator or executor.

CHAPTER V.

HUSBAND AND WIFE.

Form 93. § 437. Against husband for necessaries furnished

family.

94. § 441. Against husband and wife for goods sold for her

separate estate.

95. § 442. Against husband and wife for goods sold to tlie

wife for lier separate estate.

96. § 460. Against husband and wife on note of wife while

sole.

97. § 461. By a manMed woman.

98. § 471. Against a married woman, a,s sole trader.

99. §§ 475, 470a. Against a married woman on contract.



TABLE OF CONTEXTS.



XiX



Form 100.
101.



§ 477.
§ 478.



CHAPTEE VI.

INFANTS.

By an infant, suing by general guardian.
By an infant, suing by guardian ad litem.



Form 102.
103.



CHAPTEE YII.

INSANE FERSONS.

§ 492. By a guardian of insane person.
§ 497. Against guardian of tlie same.



Form 104.


§ 504.


105.


§ 515.


106.


§ 516.


107.


§ 517.


108.


§ 520.



CHAPTEE Till.

PARTNERS.

Title and commencement of complaint by

partners.
For dissolution and accounting.
Fm' accounting after dissolution.
Against partners — Averring partnership.
By a surviving partner.



Form 109. § 527.

110. § 533.

111. § 53.5.
llliz-S 54.-,.

113. § 546.

114. § 551.
11.5. § 5.52.

116. § 561.

117. § 562.

118. § 563.

119. § 5f;s.
12<J. § 5(i9.



CHAPTEE IX.

PUBLIC OFFICERS.

By or against public officers.

By sheriff suing in aid of attachment.

Against sheriff for not executing process.

Against sheriff for neglecting to return execution.

The same — Under California statute.

Against sheriff, for neglecting to pay over money.

The same — Under California statute.

Against sheriff for false I'eturn.

The same — Allegation for not levying.

The same— Another form of allegation.

P^or seizing a vessel.

For an escape.



CHAPTEE X.

RECEIVER.

Form 121. § 581. By a receiver appointed pending litigation.

122. § 582. Motion for ai)poiiitni<'iit of receiver.

123. § 598. By a reeeiver ai)i)oiiited in supplementary pro-

reed lugs.

124. 8 601. The same — Setting out i)rof'eodiiigs at length.

125. 8 f>02. By receiver of a dissolved corporation.

126. § 604. By receiver of mutual insurance company, on

premium note.
8 604a. (^^nestiotis of [)lradiiig.



zz



TABLE OF CONTENTS.



subdiyisio:n" secojnd.



IN ACTIONS FOR DEBT.



CHAPTER. I.
ACCOUNTS.

Form 127. 5 HOf). For money due on au account.

128. § GU(). The same — Common count.

129. § ()15. By an assignee on au account.

130. § 01(5. On an account stated.

131. § 022. For a general balance of account

132. § 023. Upon an account for services.

133. § 024. The same — Common count.

134. § (>27. The same — By an architect.
13.5. § 028. The same — Common count.

130. § 029. The same — By a broker, for commissions.

137. § 030. The same — Common count.

138. § 031. By carrier, against consignor for freight.

139. § 032. The same — Common count.

140. § 033. The same — Against consignee.

141. § (>34. The same — Common count.

142. § 036. By editor, for services.

143. § 037. The same — Common count.

144. § C>39. By author, for editing booli.

145. § 640. The same — Common count.

146. § 642. For services and materials furnished.

147. § 643. The same — Common count.

148. § 044. For tuition bills.

149. § 045. The same — Common count.

CHAPTER II.
ON AWARDS.

Form 150. § 646. On an award of arbitrators — Common form.

151. § 060. On an award of an umpire.

152. § 661. Allegation of enlargement of time.



CHAPTER III.

ON EXTKESS PROMISES.

On an express promise in consideration of a

precedent debt.
Upon compromise of an action.
On i)romise of tliird person to pay money to

plaintiff.
On promise to pay for surrender of lease.
For the jiurchase money of land conveyed.
158. § 682. Allegation of new promise.
§ 0S4a. Promise on a contingency.



Form 153.


§ 665.


154.


§ 670.


15.5.


§ 673.


156.


§ 077.


157.


§ 678.



TABLE OF CONTENTS.



XXI



Form 159.


§ G85.



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