CHAPTER VIII.

FORMS IN SPECIAL PROCEEDINGS, ANCILLARY PROCEEDINGS AND ACTIONS IN PARTICULAR

CASES.

ATTACHMENT.

No. 1. Complaint filed under, in attachment.

2. Affidavit.

3. Undertaking.

4. Order of attachment.

5. Return indorsed on the order of attachment.

6. Inventory to accompany the return.

7. Undertaking for return of property.

8. Answer of the defendant in attachment putting in issue the affidavit. 9. Motion to quash an order of attachment for insufficiency of the affidavit or undertaking.

10. Order in motion to quash proceedings in garnishment for insufficiency in affidavit or undertaking in attachment, or affidavit or summons in garnishment.

11. In motion to quash an order for the possession of personal property (writ of replevin).

12. For sale of perishable property in attachment.

13. In answer of garnishee.

14. In appearance, demurrer or answer of garnishee as a defense where the

defendant does not appear.

15. In filing under the proceeding in attachment.

16. Judgment in attachment where creditors have filed under.

17. Judgment in attachment upon notice without personal judgment.

18. Summons in garnishment.

19. Affidavit in garnishment after or at time of attachment.

20. Affidavit in garnishment before attachment.

21. Answer of garnishee.

22. Affidavit for filing under.

23. Judgment in attachment where the defendant appears to the main action, but not to that of the creditor filing under, and there is a garnishee but no property attached.

24. Judgment in attachment upon publication where there is the answer of a garnishee, and property attached, real and personal.

25. Judgment in attachment where there is property attached and creditors filing under, and where there is an answer of a garnishee.

26. Special execution.

ASSESSMENT OF DAMAGES.

No. 27. Complaint in ad quod damnum.

28. Another form, where the corporation is plaintiff.

29. Writ for the assessment of damages.

30. Oath of jurors.

31. Award of damages.

32. Assessment of damages, sheriff's return.

33. Instrument of appropriation.

34. Instrument of appropriation for part of a street. .

35. Notice indorsed upon the instrument of appropriation.

36. Warrant of appointment.

37. Oath of appraisers.

38. Appeal - Exceptions.

39. Order.

44. Petition for divorce, cruel treatment.

45. Petition for divorce, unchastity and cruel treatment of the wife.

46. Petition stating several causes in the alternative.

47. Petition for divorce, failure to provide and cruel treatment, with prayer

for injunction.

48. Petition for injunction.

49. Cross petition.

50. Petition for divorce, abandonment.

51. Affidavit for allowance of attorney's fees and alimony.

52. Another form of affidavit.

53. Orders in divorce, injunction.

54. Restraining order.

55. Application for allowance upon cross petition.

56. Attachment for failure to comply with the order of the court.

57. Upon application for custody of children pending the suit.

58. Order at the hearing.

59. Order at the hearing upon publication.

60. Application to open the judgment and proceedings by a party con

structively served.

61. Order on hearing applications for opening judgment and making de

No. 66. Affidavit in discharge of arrest for contempt.

67. Order upon filing of the petition.

68. Order upon appearance, return and hearing.

69. Order in case of contempt in failure to obey the writ.

70. Order for temporary custody.

71. Order on the hearing of a proceeding for contempt, and awarding custody of an infant.

72. Complaint.

INFORMATION.

73. Complaint.

74. Complaint.

74 (a). Judgment of ouster against a railroad corporation.

75. Final judgment of ouster.

76. Final judgment dissolving a corporation.

78. Order for attachment upon failure to surrender office and books, etc.

79. Complaint.

80. Notice.

81. Notice.

82. Undertaking.

83. Restraining order.

INJUNCTION.

84. Affidavit of violation of order,

85. Order upon application for a temporary injunction and hearing on notice.

86. Temporary restraining order.

87. Motion to dissolve injunction in term time.

88. For an attachment against a party violating an injunction.

89. Complaint.

90. Notice.

91. Undertaking.

RECEIVER.

92. Notice of motion to remove.

93. Order on application for a receiver.

94. Orders against the parties to the action for failure to deliver property

to the receiver.

95. Entry of deposit in court.

96. Order in case of refusal of party to make deposit in court.

97. Complaint.

MECHANIC'S LIEN.

98. Complaint (a peculiar case).

99. Complaint.

100. Complaint against a married woman.

101. Notice of claim by contractor to owner.

102. Notice for railroad lien.

103. Notice of lien by sub-contractors and others contracting with primary

contractor.

No. 104. Notice of lien.

105. Notice of lien, another form.

106. Notice of lien, another form.

107. Decree for the enforcement of a mechanic's or builder's lien.

108. Decree where the owner of the building is sued by sub-contractor or material man, upon notice to the owner of the debt of the primary contractor.

109. Complaint.

MANDATE.

110. Complaint against a city corporation to compel the levy of a tax. 111.

Alternative writ-order.

112. Return of alternative writ.

113. Peremptory writ.

115. Return and hearing, awarding or refusing peremptory writ.

116. Complaint.

PROHIBITION.

117. Order for issuance of writ.

118. Return, hearing and determination of the cause.

119. Complaint.

120. Answer.

PARTITION.

121. Complaint.

122. Answer.

123. Interlocutory decree.

124. Clerk's certificate to decree.

125. Oath of commissioners indorsed on copy of decree.

126. Decree upon default or answer, praying partition by defendants.

127. Report of commissioners.

128. Order of confirmation.

129. Report of commissioners that the property cannot be divided without

139. Undertaking of defendant to retain the property.

140. Plaintiff's undertaking to return property.

No. 143. Answer claiming title to the property and asking for judgment of return, in addition to the general denial.

144. Answer claiming property by virtue of an execution against the owner

of the property.

REVIEW.

145. Complaint upon new matter.

146. Complaint for error on the face of the record.

147. Order.

ATTACHMENT.

No. 1.

Complaint filed under, in attachment.

STATE OF INDIANA,

In the

A. B. vs. C. D.

the

day of

Said plaintiff complains of said defendant, and says that on -, 18-, said defendant, by his note,

now overdue, and of which a copy is herewith filed, promised to pay the plaintiff dollars, which remains unpaid; where-dollars. And plaintiff

fore plaintiff demands judgment forfurther says there is a proceeding in attachment pending in said court against said defendant, in favor of one W. G., and the plaintiff files herewith his affidavit and undertaking, and prays to be made a party to said proceeding.

W. G. A., Att'y for Plaintiff.

The plaintiff A. B. says that the claim in this action against the defendants is for money due on a note or (for money due on a bill of exchange), or (for money due on a check), executed by said defendants to the plaintiff, a copy of which is filed with the complaint, or (for goods, wares and merchandise, sold and delivered to defendant), a bill of particulars of which is filed with the complaint; that the claim is just and that he believes he ought dollars; that the defendants are non-residents of this state, or (that the defendants, or one of them, is a foreign corporation), or (that the defendants, or one of them, is secretly leaving the state, with intent to defraud his creditors),

to recover