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MONEY OR OTHER PER-

II. Security and oath.... 1089

SONAL PROPERTY

1142

III. The receiver's title,

VI. REPLEVIN (CLAIM AND DE-

possession and con-

LIVERY)

1146

trol

1094 VII. SEIZURE OF CHATTEL UN.

IV. The receiver's duties;

DER FORECLOSURE....... 1167

instructions; and ex-

amination of adverse

claims (interesse

suo)

1107

VOLUME II.

CHAPTER VIII – Continued.

ARTICLE

PAGE

VIII. ATTACHMENT

1178

Sec. I. Affidavits and under.

taking, to obtain at-

tachment

1178

II. The warrant and its

enforcement

1201

III. Vacating or discharg.

ing attachment..... 1241

ARTICLE

PAGE

IX. ARREST

1268

Sec. I. Obtaining arrest.. 1268

II. Vacating order; dis-

charging from ar-

rest; and modifying

security

1303

III. Surrender and exoner-

ation

1323

CHAPTER IX.

INTERLOCUTORY PROCEEDINGS PECULIAR TO DIVORCE.

ARTICLE

PAGB ARTICLE

PAGE

I. NEST FRIEND....

1329 III. CUSTODY OF CHILDREN.... 1343
II. ALIMONY AND COUNSEL
FEE

1331

CHAPTER X.

THE PLEADINGS, AND PROCEEDINGS INCIDENTAL THERETO.

ABTICLE

PAGE ARTICLE

PAGE

I. DISCOVERY AND EXAMINA-

IX. PARTICULARS ; AND MODI

TION OF PARTIES, TO EN-

FYING OB STRIKING OUT
ABLE TO PLEAD..........

1346

ADVERSARY'S PLEADING... 1394
II. FORMAL PARTS OF PLEAD-

Sec. I. Copy of account, or
INGS..

1361

bill of particulars... 1394
III. VERIFICATION OF PLEAD-

II. Motion to compel sep-
INGS

1361

arate statement of
IV. FILING AND SERVING PLEAD-

causes of action, de-
INGS

1371
fenses, &c..

1410
V. AMENDING AND WITHDRAW.

III. Motion to make more
ING ONE'S OWN PLEAD-

definite and certain 1412

ING. ..

1379 IV. Motion to strike out a

VI. DEMURRING

1387

pleading or matter
VII. SEVERING ACTIONS

1387
therefrom

1414
VIII. SUPPLEMENTAL PLEADING.. 1391 X. REQUIRING REPLY.

1423
XI. JUDGMENT ON THE PLEAD-
INGS

1425

Sec. II. Defendant's proceed.

ings as to change. ... 1435

III. Proceedings of a third

person to come in... 1475

CILAPTER XIII.

MEANS OF EVIDENCE.

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ARTICLE

PAGE ARTICLE

PAGE

I. CHANGING PLACE OF TRIAL. 1723 III. Verdict and motion for

II. JUDGMENT BY DEFAULT ON

new trial

1799

FAILURE 10 ENTER AP-

IV. Case, and exceptions.. 1821
PEARANCE, OR TO PLEAD. 1748 V. Costs, and judgment, 1834

III. TRIAL OF ISSUES OF LAW

V. PROCEEDINGS IN CASE OF

(DEML’RRER).

1775

TRIAL BY THE COURT... 186

IV. PROCEEDINGS IN CASE OF

Sec. I. Determining mode of

TRIAL BY JURY..

1781

trial ..

18

Sec. I. Bringing on the trial. 1781 | II. Bringing on, and inci-
II. Various proceedings

dental proceedings.. ]

incidental to trial.. 1795

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PAGE

1931

ARTICLE

PAGE

VIII. PROCEEDINGS IN PECULIAR

ACTIONS

1955

Sec. 1. Divorce

1955

II. Proceedings

peculiar

to dower..

1977

III. Proceedings peculiar

to ejectment, &c... 1985

IV. Proceedings peculiar

to foreclosure

1990

V. Proceedings

peculiar

to partition

2004

VI. Proceedings

peculiar

to actions to redeem. 2031

IX. AMENDING OR CONFIRM

ING JUDGMENT AND LIM-

ITING TIME TO REVIEW,

&c ..

2034

X. VACATING OR OPENING

JUDGMENT

2042

XI. FURTHER DIRECTIONS. 2053

XII. ASSIGNMENT, SET-OFF, DIS-

CHARGE AND SATISFAC-

TION

2055

CHAPTER XV.

APPEAL.

ARTICLE

PAGE

I. NOTICE OF APPEAL, AND

LEAVE . . .

2063

II. SECURITY AND STAY.. 2072

III. SUBSTITUTION OF PARTIES, 2085

Sec. I. Appeal by party taken

after his adversary is

dead ..

2085

II. Appeal by representa-

tive of party dying

before appeal, or by

any one not a party

who has acquired an

interest and is ag-
grieved

2086

III. Application of repre-

sentative

of party

dying after appeal,

taken by such party

or by his adversary,

to be substituted ... 2086

ARTICLE

PAGE

Sec. IV. Disposal of appeal on

application of a party

where the adverse

party has died after
appeal, and his rep-
resentative fails for
three months to pro-

cure substitution.... 2086
IV. BRINGING ON AND DISMISS-

2092

V. THE DECISION AND JUDG-

2096

VI. RESTITUTION

2109
VII. RE-ARGUMENT

2113

VIII. FILING THE REMITTITUR,

AND SUBSEQUENT PRO-

CEEDINGS

2118

ING...

MENT ...

ARTICLE

PAGE

II. EXECUTION AGAINST THE

PERSON

2180

III. ENFORCING JUDGMENT FOR

SPECIFIC RELIEF BY JUDI-

CIAL SALE OR OTHERWISE.

Sec. I. Judicial sale ..... 2186

II. Specific enforcement

by delivery, &c ..... 2209

IV. ENFORCING JUDGMENT FOR

COSTS AGAINST A THIRD

PERSON INTERESTED .... 2212

ABBOTT’S PRACTICE AND FORMS.

CHAPTER I.

COMMON FORMS.

[NOTE.— It does not appear necessary to repeat throughout this work the more familiar formulæ which are common to a great variety of proceedings, and with which every practitioner may be presumed to be conversant; but inattention to the requisites of these common forms is nevertheless so frequent a cause of slips in practice that many readers will find it useful to give some systematic attention to them. They are therefore given here with some explanations, by way of introduction and in subsequent chapters will be often referred to without occupying space to reproduce them.]

ARTICLE I. ACKNOWLEDGMENTS.

II. ADMISSIONS.
III. AFFIDAVITS.
IV. ALLOCATUR OR ALLOWANCE.

V. AMENDMENTS.
VI. BONDS.
VII. CAPTIONS.
VIII. CERTIFICATES.
. IX. COPIES.

X. EXTENSIONS OF TIME.
XI. FILING AND FILE-MARKS.
XII. FOLIOING.
XIII. INDORSEMENT.
XIV. MOTIONS,

XV. NOTICES.
XVI. Oaths.
XVII. ORDERS.
XVIII. PETITIONS.
XIX. PUBLICATION.

XX. RETURNS.
XXI. SERVICE AND PROOF THEREOF.
XXII. STAY OF PROCEEDINGS.
XXIII. STIPULATIONS.
XXIV. SUGGESTIONS ON THE RECORD.

XXV. UNDERTAKINGS.
Men XXVI. VERIFICATION.

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