Code Practice and Remedies: In Courts of Record in Civil Cases in the Western States, with Forms, Compiled for Use in the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming, Volume 4

Bancroft-Whitney Company

Bancroft-Whitney, 1928 - Actions and defenses - 10390 pages

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Title Page

Table of Contents

PART VIII	3517

FORMS	3519

Writ	3520

Issuance and Service of Writ or Order	3521

Duration of Restraint	3522

Effect of Order	3523

Successive Applications 3525 Necessity for 3526 3527 i Undertaking	3524

Restraining Order Exceptions	3526

CHAPTER XI	4082

CHAPTER XII	4116

Parties	4123

Complainants	4124

Pleadings	4125

Requisites of Complaint	4126

Process	4128

Preliminary Hearing	4129

Consideration	3528

AmountAdditional Security	3529

Requisites	3530

Sureties and Justification Thereof	3531

In General	3532

Trial by Jury	3533

Dismissal	3534

Findings j Trial	3535

In General	3536

Form and Requisites	3537

FORMS	3538

Damages on Denial of an Injunction	3539

Costs and Attorneys Fees	3540

Nature of Remedy 2764 As Auxiliary and Supervisory Writ 2765 Action or Special Proceeding b When Writ Lies 2766 Grounds Justifying Issuance ...	3541

Persons Interested in Common With Others 2798 Strangers to the Record 2799 DefendantsGenerally 2800 Court as Party 2801 State or County g Th...	3542

Nature of Hearing 2829 Scope of ReviewIn General 2830 As Limited to Jurisdictional Questions	3543

Order Extending Time for Return and Service of Writ 493 Return of Writ to Review Equalization Proceedings Certificate of Clerk of Board on Retur...	3544

Motion to Quash Writ Oregon 502 Clerks Certificate to Judgmentroll On Appeal 503 Stipulation as to Judgmentroll	3545

In Washington	3548

Plain Speedy and Adequate Remedy	3550

Existence of Remedy by Appeal 2777 In Oregon	3551

Appealable Judgments and Orders	3555

Interlocutory Orders	3556

Practice and Proceedings	3557

Supersedeas on Appeal from Order or Judgment Granting Injunc	3558

Power to Suspend or Dissolve Injunction Pending Appeal	3559

Injunction Pending Appeal from Denial or Dissolution of Injunc tion	3560

Power of Appellate Courts	3561

Hearing and Determination	3562

Certiorari and Mandamus	3563

Prohibition	3564

Remedies in General	3565

Action on Bond	3566

Conditions Precedent	3567

Final Determination of Suit	3568

Parties and Pleadings	3569

Where Time for Appeal has Expired	3570

Confined to Review of Judicial Acts	3571

Particular Items	3572

In North and South Dakota	3573

Determination of Nature of	3574

For What Services Recovery may be	3575

Acts Held to be Judicial	3576

Where Injunction is the Sole Relief Sought	3577

Acts Held to be Ministerial Executive or Administrative 2784 Acts Held to be Legislative	3578

Recovery on Undertaking on Restraining Order	3579

Testing Title to Office or Validity of Corporation	3580

To What Courts Tribunals and Officers the Writ Issues 2786 In General 2787 Justices of the Peace 2788 Boards and Officers	3581

Violation of Orders of Judges and Power in Chambers	3582

Jurisdiction to Issue Writ	3583

Supreme Court	3584

District Superior Circuit and County Courts	3585

At Chambers e Discretion Laches and Limitations 2792 Discretion in Granting	3586

PunishmentFine and Imprisonment	3587

Ábsence of Prejudicial Error	3588

Void Judgments and Orders 2795 Laches and Limitations	3589

f Parties 2796 Necessity for Beneficial Interest	3591

When Made to Court of Higher Jurisdiction 2806 Signature and Verification	3601

Notice 2808 Resistance of and Hearing on Application	3602

Evidence	3604

For Trial De Novo of Justice Court Proceedings h Bond or Undertaking 2811 Necessity for 2812 For Trial De Novo of Justice Court Proceedings	3605

Issuance and Service of Writ 2813 To Whom Directed	3606

Form and Contents	3607

Service and Notice	3608

j Supersedeas and Stay of Proceedings 2816 In General	3609

Operation and Effect	3610

k Return 2818 By Whom Made 2819 Distinction Between Return and Answer	3611

Contents of the Return	3613

From Boards and Tribunals of Limited Jurisdiction	3614

Certification	3615

Further Return	3616

Dismissal and Quashing of Writ 2824 Motion to Dismiss or Quash 2825 GroundsIn General	3617

Insufficient Petition 2827 Hearing on Motion to Quash	3618

Matter Outside the Record	3626

Review of Evidence	3629

To Determine Jurisdiction	3630

Judgment and Effect Thereof	3633

n Costs and Fees 2837 Rules Governing 2838 Liability for Costs	3635

Fees Attendant upon Issuance of Writ and Return	3636

Review of Certiorari Proceedings 2840 In General	3637

Amount in Controversy	3638

Record on Appeal	3639

Extent of Review	3640

FORMS	3641

Petition for Writ to Review Action of Board of Equaliza tion	3642

Petition for Writ to Review Removal from Office	3646

Petition to Review Action of District Court North Dakota	3647

Petition for Issuance of Writ to County Court Oregon	3648

Petition to Review Action of County Court in Vacating County Road Oregon	3649

Petition to Review Order Committing to Jail for Failure to Pay Alimony 483 Petition for Trial De Novo of Justice Court Proceedings Colorado	3651

Verification by Officer of Corporation	3652

Undertaking Oregon	3653

Bond Where Trial De Novo is Sought Colorado	3654

Writ to Review Proceedings of Board of Equalization 488 Writ to Review Matters in Relation to Removal of Officer	3656

Writ from Supreme Court to District Court of North Dakota	3657

Supersedeas Clause in Writ	3658

In General CHAPTER VII	3667

JurisdictionMatters in Issue 2865 Nature of Proceedings as Being Civil or Criminal 2866 Title or Style of Contempt Proceeding 2867 Person Who ma...	3668

Jurisdictional QuestionsAbuse of Discretion 2901 Prerequisites to Review h Other Modes of Review 2902 Certiorari	3669

Courts of General Jurisdiction 2851 2852 Source of PowerEffect of Statutes	3676

Legislative ControlLimitations on Punishment	3678

Chancery Courts 2854 Probate Courts	3679

Judges at Chambers	3680

Inferior CourtsStatutory Authority	3681

NotariesTaking of Depositions	3682

Coroners Recorders Court Commissioners Attorneys	3683

Grand JuriesOther Officers and Bodies 2860 Validity of Order as Affecting Power to Punish Violation Thereof	3684

Other Remedies as Affecting Existence of Power	3685

Exercise of PowerDiscretion Particular Judge or Court	3686

Habeas Corpus	3724

Mandamus 2905 Prohibition	3725

Supervisory ControlMontana	3726

FORMS No 504 AffidavitFailure to Obey Process or Orders 505 Contemptuous Publication	3727

Unlawful Interference With Judicial Proceedings 507 InformationFailure to Obey Process or Orders	3728

Order to Show Cause 509 Failure to Obey Order or Decree	3729

Failure to Obey Summons 511 Order for Attachment	3730

Attachment 513 Witness Disobedience of Subpoena 514 AnswerInability to Comply With Order	3731

Affidavit Alleging Tender of Performance	3732

JudgmentContempt Committed in Courts Presence 517 Contemptuous Publication	3733

Order of CommitmentRefusal to Testify	3734

Failure to Obey Process or Order 520 Order Discharging from Imprisonment	3735

Order Purging Contempt	3736

CHAPTER VIII	3737

Another Form 524 Order for Notice of Hearing of Petition	3741

Another Form	3742

Notice 527 Decree Terminating Life Estate	3743

Another Form	3744

CHAPTER IX	3757

Burden of Proof and Presumptions 2939 RecountBallots 2940 Reference 2941 Dismissal and Nonsuit 2942 Findings 2943 Form and Effect of Judgm...	3758

Quo Warranto	3760

Mandamus	3762

Injunction	3764

Statutory Proceedings in General 2913 Nature of Proceeding	3765

Jurisdiction	3769

Procedure Generally	3771

Right to Jury Trial	3772

Grounds of Contest	3773

Who may Contest	3774

Who may DefendIntervention	3775

Offices Which may be Subject of Contest	3776

Elections on Propositions Statement of Contest 2922 In General	3778

Time for Filing	3779

Form of Statement 2925 AllegationsPrayer	3781

VerificationIndorsements	3784

Amendment	3786

List of Illegal Votes	3787

Review	3810

FORMS No 541 Petition or Complaint 542 Statement of ContestAnother Form 543 Notice of ContestAnother Form	3825

AllegationsLegal Qualifications to Hold Office 545 Ground of Contest	3826

Malconduct of Election Judges 547 Another Form 548 Another Form	3827

Election on Proposition 550 Information in Nature of Quo Warranto 551 Citation	3828

Summons 553 Order to Show Cause	3829

Answer 555 Plea to Jurisdiction 556 Order Sustaining Objections to Jurisdiction 557 Notice of Motion to Dismiss	3830

Dismissal by Contestant 559 Motion to Set Aside Dismissal 560 Finding 561 Judgment	3831

Another Form 563 On Appeal	3832

Writ of Mandamus to Deliver Up Office	3833

CHAPTER X	3834

In California and States Having Like Statutes 3055 In Washington 3056 In Oregon 3057 In Colorado 3058 Authority to Render Personal Judgment f...	3837

Decisions and Orders Appealable 3086 Parties Who may Appeal 3087 Waiver of Right 3088 Time for Taking 3089 Service of Notice of Appeal 309...	3838

Recovery of Possession 3133 InjunctionGenerally 3134 Parties	3839

Instruction as to ViewWashington 589 Instruction as to Damage to Abutting Property 590 Instruction as to Deduction of Benefits from Damages 591...	3840

Venue	3848

b Conditions Precedent 2967 In General	3849

Effort to Purchase or Agree 2969 Sufficiency	3851

Waiver of Objections 2971 Petition for ImprovementHighways	3852

Election	3854

Resolution or Ordinance	3855

Location and Adoption of Plan C Parties 2975 Plaintiffs	3856

Defendants	3858

Husband and Wife	3859

Life Tenants Lessees and Reversioners	3860

Mortgagees and Lien Claimants 2980 Substitution	3861

Intervention and Bringing	3862

Process or Notice 2982 In General	3864

Form and Requisites	3865

Service	3866

Constructive Service	3867

Proof of Notice	3868

Persons Who may Object 2988 Waiver by Appearance	3869

Lis Pendens as Notice e Pleading 2990 Complaint or PetitionIn General	3870

Formal RequisitesFiling 2992 Sufficiency	3872

Statement of Right	3874

Use and Necessity	3875

Description of Property	3877

Description of Right of	3879

Ownership	3880

Answer	3881

Demurrer Motions and Objections	3883

Reply 3001 Amendments	3884

f Issues Proof and Variance	3885

Issues	3886

As Affected by Filing Answer 3004 As to Title	3887

Proof 3006 Variance	3889

g Hearing and Determination as to Preliminary Questions 3007 In General	3890

Burden of Proof	3892

As to Necessity and Location	3893

In Washington	3894

Questions of Law and Fact	3895

Determination by Court or Jury	3896

Determination by Commissioners	3898

Instructions	3899

Verdict and Findings	3900

h Assessment of Compensation and Damages 3016 Nature of Proceeding and Tribunal	3901

Right to Separate TrialsJoinder and Consolidation	3902

Right to Open and Close	3903

Burden of Proof	3904

Right to Jury	3905

Waiver of Right 3022 Number and Selection of Jurors	3906

Qualification of Jurors	3907

Challenges	3908

View	3909

As Evidence	3910

Questions for the Jury	3911

Instructions	3913

VerdictGenerally	3915

Value of Property Taken	3916

Damages and Benefits 3032 Special Findings	3917

Conclusiveness as to Damages	3918

Assessment by Board or CommissionIn General	3919

Right to have Commissioners Appointed 3036 Appointment	3920

Organization	3921

Oath 3039 Proceedings in General	3922

Report and Findings	3923

Description in Report	3924

Setting Aside	3925

Amendment and Correction 3044 Trial De NovoGenerally	3926

Time for Application	3927

Bond	3928

Parties	3930

Nature of Proceedings 3049 Pleadings	3931

Issues	3933

Award as Evidence 3052 Judgment on Retrial	3934

Judgment and Award	3935

Presumptions	3985

Review of Instructions 3096 Review of Findings	3986

Review of Verdict	3987

Necessity for Prejudicial Error	3988

Determination and DispositionIn General 3100 Reversal	3990

Remand and Retrial	3991

New Trial	3992

Review and Control Through Extraordinary Writs 3103 CertiorariIn General	3993

In Oregon	3995

In Washington Generally	3996

Petition in Washington 3107 Record in Washington	3997

Hearing and Determination in Washington	3998

Prohibition	3999

Mandamus	4000

Injunction	4001

n Costs 3112 In General	4002

Liability of Owner	4003

Items TaxableGenerally 3115 Attorneys Fees	4004

Upon Abandonment or Dismissal	4005

On Appeal or Review	4007

Remedies of the Owner 3118 In General	4008

Statutory Remedies	4009

Failure to Pursue Remedy as Barring Right to Compensation 3121 Statutory Remedy as Exclusive 3122 Action for DamagesGenerally	4012

Accrual of Cause	4016

Conditions Precedent	4017

Parties Plaintiff	4018

Parties Defendant	4019

Joinder and Splitting of Causes 3128 Pleadings	4021

Amendments	4023

Trial	4024

Judgment and Effect Thereof	4026

Complaint	4032

Answer	4033

Trial and Determination of Rights	4034

DefensesWaiver and Estoppel	4035

Consent Payment Release 3139	4037

Necessity 3141 Public Policy	4038

Authority of	4039

Condemnation Suit Pending 3144 Judgment in Condemnation Proceedings	4040

Limitation of Action	4041

Appeal and Review	4042

FORMS No 565 ComplaintCondemnation for Power Line	4043

Complaint by Irrigation District	4047

Allegation of Public Use 568 Statement of Purpose and Necessity 569 Statement of Right to Condemn for School Building	4048

Allegation of Inability to Agree With Owner 571 Prayer for Judgment and Possession in Condemnation Proceeding	4049

Order Permitting Occupation 573 Petition by Railroad for Appointment of Appraisers Nebraska	4050

Notice of Meeting of AppraisersNebraska	4051

Report by Commissioners of Necessity and Compensation Colorado	4052

Report of Commissioners as to Damages for Taking for Railroad	4053

Order of Court After Report of Commissioners 578 Findings of Fact as to Preliminary Questions	4054

Regulation as to Railroad Crossing in Decree	4056

Instruction as to Necessity 581 Instruction as to Necessity of Proposed Road 582 Instruction as to Burden of Proof	4057

Instruction as to Consideration of Future Demands 585 Instruction as to Testimony as to Market Value	4058

Instruction as to Value of Expert Testimony 587 Instruction as to Determination of Value from Evidence and ViewOklahoma	4059

Discharge or Holding to Answer	4130

Trial	4131

Presence of Defendant and Child	4132

Jury	4133

Instructions and Verdict	4134

Judgment	4136

Modification or Vacation	4137

Enforcement	4139

New Trial Appeal and Habeas Corpus	4140

Actions on Bonds or Recognizances	4142

FORMS No 618 Complaint 619 Another Form 620 Another Form	4143

Another Form	4144

Application by Officer to Inquire Concerning Bastardy 623 Warrant of Arrest 624 Dismissal of Action on Settlement Being Made 625 Entry of Dism...	4145

Order for Bond for Appearance	4146

Recognizance to Appear	4147

Another Form 630 Commitment for Failure to Give Appearance Bond	4148

Cautionary Instruction Under Nebraska Statute	4149

Instruction as to Verdict 634 Judgment	4150

Bond to Obey Judgment	4151

Commitment	4152

CHAPTER XIII	4153

Pleadings and Process	4154

Complaint Against Tenant Holding Over After Expira tion of Term 653 Complaint Against Subtenant Holding Over After Ex piration of Term 654 C...	4155

Judgment 669 Judgment for Defendant 670 Judgment Dismissing Action 671 Writ of Restitution	4156

Purpose	4160

Nature of Proceeding	4161

As Possessory ActionGist of Action	4163

IssuesTitle	4164

Right to or Right of Possession 3199 Compliance With StatuteLaw Governing	4168

Election of Remedies and Joinder of Actions	4169

Abatement	4171

Jurisdiction and Venue 3202 In General	4172

Complaint	4194

Description of Premises	4195

Ownership and Possession of Plaintiff	4196

Relation of Landlord and Tenant	4198

Entry and Detainer	4199

Detention by Tenant and Holding Over	4200

Demand and Notice	4201

Damages	4203

Summons	4204

Demurrer Answer or Plea	4205

Defenses and CrossDemandsReply	4207

Amendment	4210

Issues Proof and Variance	4211

Objections and Waiver	4212

Provisional Remedies Trial and Judgment 3231 ReceiverRestitution Pending Action	4213

Trial Generally	4214

Dismissal Nonsuit and Directed Verdict	4215

Jury Questions of Law and Fact and Instructions	4217

Findings	4218

Verdict	4219

Judgment	4221

Judgment by Confession or Default 3239 Enforcement	4222

Operation and Effect	4223

Relief from Judgment and Forfeiture Damages	4225

In General	4226

Unlawful Detainer	4228

Double or Treble Damages	4231

Costs and Attorneys Fees Appeal and Error	4232

In General	4233

Appealable Judgments and Orders 3248 Taking Appeal	4234

Undertaking	4235

RequisitesFiling	4236

Amended and New Undertaking	4237

Enforcement	4238

Stay of Execution	4239

Dismissal	4241

Trial De Novo	4242

ReviewRestitution	4243

FORMS Notices No 637 Notice to Quit by Landlord	4244

Another Form 639 Notice to Vacate 640 Another Form	4245

Notice to Pay Rent or Quit 642 Notice to Perform Covenants of Lease	4246

Affidavit of Service Pleadings and Process 644 Complaint for Forcible Entry	4247

Complaint Setting Out Facts Constituting Force 646 Kansas 647 New Mexico	4249

Where Original Entry was Peaceable	4250

Complaint for Forcible Detainer	4251

Detainer After Entry During Absence of Occupant 651 Kansas and Oklahoma	4252

Nevada 673 Oregon	4263

Petition for Relief Against Forfeiture of Lease	4264

Notice of Application to be Restored to Premises Appeal 676 Appeal BondArizona 677 Colorado	4265

Kansas and Oklahoma 679 Nebraska	4266

Supersedeas BondColorado 681 North and South Dakota	4267

Washington	4268

Order Directing Stay	4269

CHAPTER XIV	4270

CHAPTER XV	4275

Right to Office Generally 3286 Right to Office and Qualifications of Judge 3287 Process Defective or Unauthorized e Restraint in Criminal Cases 328...	4276

Status as Fugitive 3327 Identity of Prisoner 3328 Matters of Defense 3329 Motive 3330 Restraint After Return to Demanding State g Infants 3331 D...	4277

Over Person 3359 Reviewing Courts and Judges Thereof 3360 Other Courts and Judges 3361 Territorial Limits of Jurisdiction 3362 As Affected by ...	4278

Demurrer 3377 Dismissal n The Writ 3378 Allowance and Issuance	4279

Res JudicataGenerally 3413 Judgment Discharging PrisonerReimprisonment 3414 Judgment Awarding Custody of Infant	4280

JudgmentRemanding Prisoner 709 Discharge from ImprisonmentGeneral Form 710 Discharge from Restraint Under Void Ordinance 711 Awarding ...	4281

As an Action or Special Proceeding 3267 Civil or Criminal	4285

Function Generally	4286

As an Appeal or Writ of Error	4287

Conditions Affecting Issuance 3270 Discretion of Court	4288

Existence of Another Remedy	4289

Appeal or Writ of Error 3273 Where Appeal is Pending or has Terminated	4290

Character of RestraintGenerally	4291

Requirement That Restraint be Actual 3276 Requirement That Restraint be Involuntary	4292

Moot Cases	4293

Grounds for Relief Generally 3278 Want of Jurisdiction	4294

Extent of Inquiry	4295

Errors and Irregularities	4296

Findings as to Jurisdictional Facts	4297

Unconstitutional Statute or Ordinance	4298

Invalid or Repealed Statute Ordinance or Rule	4300

Existence of Court or Public Organization	4301

Commitment Without Probable Cause	4308

Extent of Inquiry	4309

Failure to Indict	4310

Defective Indictment or Information	4311

Application of Rule	4313

Rulings upon Objections to Indictments and Informations 3298 Grand Jury 3299 Defective Complaint	4315

Denial of Speedy Trial	4317

Venue	4318

TrialGenerally	4319

Jury	4320

Matters of Defense 3305 Former Jeopardy	4321

Evidence	4322

Verdict	4323

Questioning the JudgmentGenerally	4324

Statutory Provisions 3310 Status of Court Rendering Judgment	4326

Application of Rules	4327

Deficient or Excessive Sentence	4329

Indeterminate Sentence	4331

Delay in Execution of SentenceSuspended Sentence	4332

Revocation of Suspended Sentence 3316 Commitment to Prison	4333

Place of Confinement	4335

Further Detention Illegal	4336

Pardon Parole and Probation	4337

Restraint Pending Appeal	4338

Restraint After ReversalNew Trial	4339

f Fugitives from Justice 3322 In General	4340

Sufficiency of Requisition 3324 Governors Warrant	4341

Charge of Crime	4342

Limitations upon Use of Writ	4349

By and Against Whom Remedy is Available 3334 Scope of Inquiry	4350

Effect of Prior Adjudication as to Custody	4354

Prosecution for Crime	4355

Restraint by Juvenile Court	4356

Commitment to Reformatory or Other Institution h Insane and Diseased PersonsQuarantine Regulations 3339 Insane PersonsGenerally	4358

Restoration to Sanity	4360

Criminal Prosecution	4361

Restraint Under Quarantine and Health Regulations	4362

Matters Relating to Bail 3343 In General	4363

Excessive Bail	4364

Capital Cases	4365

Pending Appeal	4366

j Commitment for Contempt 3347 Availability of Writ	4367

Statutory Provisions	4370

Conclusiveness of Record 3350 Ability to Comply With OrderPurging of Contempt	4371

Commitment of Witnesses	4372

k Use of Writ in Other Cases 3352 Bastardy Cases	4373

Arrest in Civil Cases 3354 Restraint by Military Authorities 3355 Security to Keep the Peace	4374

WitnessesNe Exeat	4375

Rule to Show Cause	4393

Warrant Instead of Writ	4396

Form and Contents	4397

Service of WritNotice	4398

Quashal and Discharge	4399

Return to Writ 3384 In General 3385 Place of Return	4400

Requisites and SufficiencyGenerally	4401

Averments as to Detention of Prisoner	4402

Alleging Authority for Detention	4403

Annexing Copy of Warrant or ProcessExhibits	4404

Demurrer and Exceptions 3391 TraverseSubsequent Pleadings and Objections	4405

Failure to Make ReturnDisobedience of Writ	4406

Production of Body	4408

p Hearing 3394 In GeneralTime of Hearing	4409

Judgments in Proceedings Involving Insane Persons	4429

Costs and FeesGenerally	4430

Security for CostsItems Taxable r Proceedings After Judgment 3418 New Trial and RehearingTransfer of Case	4431

Review on CertiorariSupervisory Control	4432

Appeal and ErrorGenerally	4433

Parties	4435

Procedure	4436

Supersedeas and Stay of Proceedings	4437

Dismissal 3425 Hearing 3426 Scope of Review	4439

Disposition of Appeal and Effect Thereof	4440

Successive Applications	4441

FORMS No 688 PetitionGeneral Form	4442

For Relief from Imprisonment for Violation of Void Ordinance	4444

Jurisdiction	4445

In General	4458

Inadequacy of Remedy at	4459

Disposition of Property 3483 Commission of Tort	4460

Preliminary Injunction 3546 Grounds 3547 Dissolution upon Answer and upon Giving Bond 3548 Proceedings Generally	4461

Complaint for Injunction No 713a General Formn Temporary Injunction and Restraining Order 714 Affidavit for Preliminary Injunction 715 Notice ...	4463

Order Dissolving Restraining Order and Dismissing Ac tion 749 Order Quashing Service of Order to Show Cause 750 Bond on Dissolution of Restrai...	4464

Temporary Restraining Order	4468

Preliminary and Final or Perpetual Injunctions	4469

Determination of Character of Order	4470

Mandatory and Prohibitory Injunctions	4471

Power to Grant Mandatory Injunctions	4472

When Power will be Exercised	4474

Completed Acts	4476

b Jurisdiction and Venue 3437 In General	4478

Judges and Court Commissioners	4480

Appellate Courts	4483

Venue	4485

Necessity That Legal Remedy be Adequate	4488

Rule Applied	4490

Insolvency of Defendant	4493

Irreparable Injury	4494

When Injury is Irreparable	4495

Multiplicity of Suits	4497

General Principles Governing Issuance 3449 Discretion of CourtPreliminary Injunctions	4498

Restraining Orders and Permanent Injunctions	4500

Matters Affecting Exercise of Discretion	4501

Right and Violation Thereof	4503

Nature and Extent of Injury and Damage	4505

Necessity That Right be Clear	4507

Liberal Rule	4508

Effect of Dispute as to Facts	4510

Balancing of HardshipsPermanent Injunction	4511

Preliminary Injunctions	4513

Laches	4515

Public Interests	4516

e Matters Controllable 3461 Introductory	4518

Particular Acts	4520

Judicial Proceedings	4521

Right to Relief as Affected by Court	4522

When Injunction will Issue	4523

Multiplicity of Suits	4526

Criminal Prosecutions	4527

Exceptions to Rule	4528

Public Officers	4531

Who may Maintain ActionState or Municipality	4534

Actions by Individuals	4535

Application of Rules	4539

Actions to Test Existence of Corporation and Title to Office	4541

Restraining Legislation	4543

Enforcement of Statutes and Ordinances	4545

Void Statutes and Ordinances	4546

Elections	4548

Taxes and Assessments	4551

ProceedingsConditions Precedent	4555

Breach of Contract	4556

Waste	4564

Trespass	4566

Particular Acts Enjoined	4567

Insolvency of Trespasser	4570

Right of Title in PlaintiffEstablishment Thereof 3489 Preliminary Injunction	4575

Relief Where Plaintiff is not in Possession	4577

Change of Possession	4578

Repeated or Continued Trespasses 3493 Nuisance	4585

Who may	4587

Relief	4589

Trust 3497 Corporations	4590

Labor Disputes	4592

Trade Secrets	4594

Trademarks and Unfair Competition f Parties Pleadings and Process 3501 Parties	4595

Pleadings and Process	4596

g Temporary Restraining Order 3503 In General 3504 Application and Notice	4597

AllowanceForm and Requisites	4599

Duration of Restraint	4600

h Preliminary Injunction 3507 In General	4601

When Granted	4602

Stage of CaseSundays and Holidays	4604

Showing of Grounds	4606

Affidavits	4607

Complaint or Petition	4608

Information and BeliefVerification	4609

Notice	4611

Requisites of Notice	4613

Hearing and Determination	4615

Determination of Merits of Case	4616

Order	4619

Terms and CostsRefusal of Injunction on Bond	4620

Notice	4661

Motion Papers	4662

Hearing and Determination	4663

Discretion of Court	4665

OrderSupersedeas	4666

Effect	4668

Colorado 737 Undertaking for Preliminary Injunction 738 Colorado	4738

Oklahoma	4740

Kansas 741 Oregon	4741

Wyoming 743 Notice of Motion for Additional Security	4742

Dissolution and Modification 744 Motion to Dissolve or Modify Injunction	4743

Notice to Produce Witnesses for Crossexamination 746 Order Dissolving Injunction 747 Another Form	4744

Generally	4766

Affidavit of Service of Writ on Nonresident Oregon	4771

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Code Practice and Remedies: In Courts of Record in Civil Cases in ..., Volume 4
Bancroft-Whitney Company
Full view - 1928

Code Practice and Remedies: In Courts of Record in Civil Cases in ..., Volume 7
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Full view - 1928

Code Practice and Remedies: In Courts of Record in Civil Cases in ..., Volume 1
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Full view - 1927

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Common terms and phrases

13 Colo affidavit alleged appeal application Ariz attorney authority award Board of Commrs Board of Supervisors bond ceedings City of Sheridan Code Civ Colo complaint condemnation contempt County Court Court and Cause damages defendant determination Dist District Court entitled error escheat evidence ex rel exercise fact filed forcible entry habeas corpus held holding Idaho Comp inferior tribunal infra issuance issue judge judgment judicial jurisdiction jury justice Justice's Court Klamath County Laws ment N. D. Comp North Dakota notice officer Oregon party perior person petition petitioner plaintiff pleading possession premises Proc proceedings question remedy rule S. D. Rev Seattle Stats statutory sufficient Superior Court supra supreme court sureties thereof Tillamook County tion Title of Court trial court Trial De Novo Umatilla County unlawful detainer Utah Comp verdict Wash writ of certiorari

Bibliographic information

Title	Code Practice and Remedies: In Courts of Record in Civil Cases in the Western States, with Forms, Compiled for Use in the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming, Volume 4 Code Practice and Remedies: In Courts of Record in Civil Cases in the Western States, with Forms, Compiled for Use in the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wyoming, Bancroft-Whitney Company
Author	Bancroft-Whitney Company
Publisher	Bancroft-Whitney, 1928
Original from	the University of California
Digitized	27 Aug 2008
Length	10390 pages

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