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 3

Bancroft-Whitney Company

Bancroft-Whitney, 1927 - 10390 pages

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Title Page

Table of Contents

Index

PART VII	2219

CHAPTER I	2221

Nonexempt Property Intended to be Converted into Exempt Prop erty	2229

CHAPTER II	2231

Stay and Vacation of Judgment	2236

Impeachment by Defense in Action on Award	2237

2252 Grounds for Issuance of Execution	2252

Time of Application for Arrest	2253

Appraisal	2635

Notice of Sale	2636

Claims Governed by Written Instruments	2637

j Execution Sales Number of Days or Publications	2638

Nature and Contents of Notice	2639

Compliance With StatuteEffect of Noncompliance 2009 Execution and Judicial Sales Distinguished	2640

Necessity of SaleApplication of Money to Judgment	2641

When Sale Made 2012 2013 After Return	2642

Notice of Motion for Entry Nunc Pro Tune 209 Direction for Entry Nunc Pro Tunc 210 Notice of Entry of Judgment 210a Motion in Arrest of Judg...	2268

210b Order Granting Motion	2269

CHAPTER III	2270

FORMS No 211 Judgment of DismissalAnother Action Pending 212 Judgment on Trial Without JuryJudgment Payable in Gold Coin 213 Judgment ...	2271

Personal Property	2272

Growing Crops	2273

Intermingled Goods	2274

Water Craft	2275

Real Property in General	2276

Fixtures	2277

Equitable Interest and Trust Estates	2278

Property Fraudulently Conveyed	2279

Mortgaged Property	2280

Mortgaged Chattels	2281

Pledged Property	2282

Corporate Stock	2283

Negotiable Instruments and Other Evidences of Debt	2284

Interests in Cotenancy	2285

Interests in Estates of Decedents	2286

Possessory and Contractual Interests	2287

Property in Possession of Factor or Agent	2288

Goods in Hands of Bailee	2289

Leasehold InterestsCrops	2290

Interests Under Conditional Sales Contracts	2291

Personalty Remaining in Vendors Possession	2292

CHAPTER IV	2293

Replevied Property	2294

Household Furniture Wearing Apparel and Provisions	2295

Tools and Implements of Trade	2296

Farm Implements	2297

Animals and Vehicles Used in Business	2298

Earnings	2299

Building Materials	2300

Homestead Property	2301

Proceeds from Insurance Policies	2302

Security Valueless	2308

Contract Made or Payable in State	2309

Implied Contracts	2310

Waiver of Tort to Sue on Contract	2311

Actions on Demands not yet	2312

Actions Ex Delicto	2313

Injuries Arising from Commission of Felony	2314

Suits in Equity	2315

Actions on Judgments	2316

Actions Based on Statutory Liability	2317

In General	2318

Nonresidence or Foreign Incorporation	2319

Meaning of Nonresidence	2320

JUDGMENT BY DEFAULT	2321

Flight Departure or Concealment of Debtor	2322

Removal of Property	2323

Concealment of Property	2324

Conveyance Transfer or Disposal of Property	2325

Mortgage	2326

Conveyance to Relative or Member of Family	2327

JUDGMENT BY CONFESSION CONSENT OR ON OFFER	2328

Summons Against Joint Debtor not Served in Original Action	2329

Who may Confess Judgment	2330

Contemplated Disposal of Property	2331

1779	2332

Statement or Affidavit Effect of Deficiencies in Statement Consent of Creditor	2333

Entry and Record	2334

Form Effect and Enforcement	2335

Vacating Judgment	2336

Warrant of Attorney	2338

Judgment by Consent or on Offer 1786 Judgment by ConsentDistinctions	2339

Who may Consent	2340

Entry and Scope of Judgment	2341

Effect and Review	2342

Vacating or Modifying	2343

Offer of Judgment	2345

FORMS No 228 Written Offer of Judgment	2346

Acceptance of Offer 230 Proof of Notice of Acceptance 231 Judgment on Written Offer	2347

Offer to Liquidate Damages 233 Acceptance of Offer to Liquidate Damages 234 Notice of Offer to Confess Judgment 235 Offer in Open Court to Co...	2348

Judgment on Confession in Open Court 237 Verified Statement for Confession of Judgment	2349

Judgment on Statement 239 Warrant of Attorney	2350

Complaint or Petition on Note With Warrant of	2351

Alternative and Disjunctive Statements	2352

1792 What Constitutes Default 1793 In What ProceedingsSuits in Equity 1794 Against Whom may be Taken 1795 Failure to PleadGenerally 1796 F...	2353

Conformity to Allegations of Complaint	2354

Defects Objections and Waiver	2355

Aider by Reference to Pleadings	2356

Amendments	2357

Title Venue and Name of Affiant	2358

Recital as to Nature of Demand	2359

Amount of Indebtedness	2360

Lack of or Worthlessness of Security	2361

Grounds for Attachment	2362

Time for Amendment	2363

Necessity for Undertaking	2364

Form and Contents	2365

AmountAdditional Security	2366

2023	2367

Affidavit of Sureties	2368

Exceptions to and Justification of Sureties	2369

Approval of Bond or Undertaking	2370

Defects Objections and Amendments	2371

Definition and Nature	2372

Issuance in General	2373

Plural Writs	2374

Time of Issuance	2375

Το Whom Directed and Delivered	2376

Contents and Recitals	2377

Conformity With Complaint in Matter of Demand	2378

Conformity With Affidavit	2379

Date Teste and Seal	2380

Defects Objections and Waiver	2381

Amendment	2382

Necessity for Levy	2383

Person to Make Levy	2384

Time of Levy	2385

Order of Levying Different Attachments	2386

Property Designated or Set Apart	2387

Manner and Sufficiency of Levy in General	2388

Levy on Personalty	2389

Property in Building or in Locked Receptacle	2390

Growing and Ungathered Crops	2391

Mortgaged Goods	2392

Cattle on Range	2393

Shares of Stock of Corporation	2394

Levy on Realty	2395

Leaving Copy of Writ With Occupant	2396

Posting Copy of Writ on Premises	2397

Filing Copy of Writ or Notice of Attachment	2398

Certificate of Attachment	2399

Costs	2400

Judgment for Excess Over Admitted Counterclaim	2401

CHAPTER VI	2402

Inventory and Appraisement	2403

Publication of Notice of Levy	2404

Defects Objections and Waiver	2405

Rights Acquired by Creditor in Property Attached	2406

Necessity of Return	2407

Time of ReturnRecording	2408

Recitals	2409

Manner of Levy	2410

Description of Property Attached	2411

Defects and Irregularities	2412

Amendment	2413

Return as Evidence	2414

Nature of Lien	2415

When Lien Attaches	2416

Extent of Lien	2417

Amount for Which Property is Bound	2418

Effect of Transfer of Property After Levy	2419

Duration of Lien	2420

Abandonment or Waiver of Lien	2421

Merger of Lien in Judgment	2422

Other Claims Generally	2426

Judgments	2427

Executions	2428

Conveyances	2429

Effect FORMS No 253 Notice of Motion to Amend Judgment	2430

Order Amending Judgment	2431

CHAPTER VII	2432

Judgment as Security 1884 Effect on ActionRestitution 1885 Subsequent Pleading After Default Opened 1886 Amendment or Renewal of Applicatio...	2433

Receivers Rights	2434

Rights of Buyer and Seller of Personalty	2435

Unregistered Transfers of Corporate Stock	2436

2462 Estoppels Arising from Execution of Undertaking	2462

Return of Execution as Prerequisite to Action on Bond	2463

Parties Plaintiff in Actions on Bonds	2464

Pleading	2465

Evidence	2466

JudgmentDamages	2467

Necessity and Nature of Undertaking	2468

By and Before Whom Executed	2469

Amount	2470

Validity and Efficacy of Bond	2471

Effect of Undertaking	2472

Accrual of Liability of Obligors	2473

Extent of Liability	2474

Discharge of Sureties	2475

Estoppels Arising from Execution of Undertaking	2476

Return of Execution as Prerequisite to Action on Undertaking	2477

Parties to Action on Bond	2478

Pleading	2479

Defenses	2480

Burden of Proof and Evidence	2481

Instructions	2482

JudgmentDamages	2483

PartiesMisnomer	2484

Issuance of Summons	2485

Judgment by Default 248 SameUpon Application to the Court	2486

Service of Summons Generally	2487

Service by Publication	2488

Affidavit for Publication	2489

Order for Publication	2490

Contents and Sufficiency of Notice	2491

Personal Service Out of State as Equivalent of Publication	2492

Appearance by Defendant	2493

Complaint or Petition	2494

Affidavit in Support of Motion to Vacate Judgment 257 SameJudgment on Constructive Service 258 Petition to Vacate Judgment 259 Order or Vacat...	2495

Prayer for Relief	2496

Amendment	2497

Notice of Motion to Conform Judgment to Findings	2498

Order Vacating Judgment for Nonconformity	2499

Decree Enjoining Enforcement of Judgment	2500

Payment CHAPTER VIII	2501

Examination of Defendant	2504

CHAPTER IX	2505

Independent Action by Officer	2506

Injunction	2507

Notice and Demand by Claimant	2508

Form and Sufficiency	2509

Claims of Laborers for Work Performed	2510

Indemnification of Officer	2511

Bond to Secure Possession	2512

Proceedings to Try Validity of Claim	2513

Intervention in Main Action Generally	2514

Who may Intervene	2515

Mortgagee	2516

Creditors	2517

Time to Intervene	2518

ENFORCEMENT AND SETOFF α In General 1905 Manner of Enforcement Generally b Dormancy and Revival 1906 Dormant Judgments Generally	2519

General Considerations 1922 Leave of Court 1923 Character of Court of RenditionDecrees in Equity 1924 Sister State and Foreign Judgments 1925 ...	2520

Money 1956 Personal Right or Privilege 1957 Right of Redemption in Property Sold Under Execution 1958 Property not Capable of Manual Deliver...	2521

Levy on Growing Crops 1998 Custody of Property 1999 Quashing Levy 2000 Redelivery Bond 2001 Third Party Claim 2002 Trial of Claim 2003 ...	2522

Household FurnitureWearing ApparelJewelry and Watches 2063 Provisions 2064 Necessary Tools and Implements Used in Trade or Business 2065 ...	2523

Pensions 2076 Claim of ExemptionSelection of Property 2077 Time for Claim 2078 Affidavit 2079 Schedule of Property and Appraisement 2080 Pr...	2524

Evidence	2525

Verdict and Judgment	2526

Independent Action to Recover Possession or Damages	2527

Jurisdiction and Parties	2528

Pleading and Proof	2529

Instructions	2530

Judgment and Costs	2531

Prorating	2532

Persons Entitled to Apply for Dissolution	2544

DefendantLack of Title or Interest	2545

Subsequent Purchasers Encumbrancers Lienors	2546

Assignor or Assignee for Benefit of Creditors	2547

Estoppel or Waiver of Right to Make Application	2548

Motion to Dissolve Attachment	2549

Time for Presentation of Application	2550

Notice of Motion	2551

Form and Contents of Motion	2552

Affidavits in Support of Motion	2553

Opposing Affidavits	2554

Issues and Questions Considered	2555

Burden Necessity and Kind of Proof	2556

Weight and Sufficiency of Evidence	2557

Questions for Court and Jury	2558

Judgment	2559

Proceedings	2560

Definition and Distinctions	2561

Form and Sufficiency	2562

Kinds of ExecutionsSpecial	2563

Judgments or Decrees on Which Execution may IssueCriminal Judgments	2564

Undertaking on Appeal as Continuing Lien	2565

Dissolution for Matters Subsequent to Attachment	2566

On Transcript	2567

Judgment Paid by Joint Debtor or Surety	2568

Death or Incapacity of Party	2569

Death of Defendant	2570

Alias and Pluries WritsVenditioni Exponas	2571

g Issuance and Form of Execution 1938 Who may Take Out Execution	2572

From and to What Court or County	2573

Judgment for Defendant	2574

Conditions PrecedentEntry of Judgment	2575

Effect of Dissolution	2576

Effect on Security	2577

Restoration of Property to Defendant	2578

Questions of Law and Fact	2590

Instructions	2591

Damages	2592

Costs and Attorneys Fees	2593

Actions in Tort for Damages	2594

Pleading	2595

Evidence	2596

Weight and Sufficiency	2597

Questions for Jury and Instructions	2598

Judgment	2599

Damages	2600

Punitive DamagesMental Suffering	2601

Costs and Counsel Fees	2602

Counterclaim for Damages in Original Action	2603

Counsel Fees	2604

Garnishment Defined	2605

Origin of Proceeding	2606

Nature of Proceeding	2607

Ancillary or Independent Action	2608

Legal or Equitable	2609

In Rem or in Personam	2610

Object of Proceeding	2611

Rules for Construing Garnishment Statutes	2612

Actions Wherein Garnishment is Proper	2613

Garnishment in Aid of Attachment	2614

Garnishment After Judgment	2615

Who may Invoke Remedy	2616

Injunction Against Garnishment Proceedings	2617

In GeneralLiability to Defendant as Test	2618

Plaintiff or Defendant as Garnishee	2619

Public Corporations and Officers	2620

Counties	2621

Cities or Municipalities	2622

School Districts	2623

Private Corporations	2624

Agents or Employees	2625

Claims Due to Defendant as Agent or Trustee	2627

Demands and Property in Which Others have Interests	2628

Partners Interest in Debt Due to Firm	2629

Equitable InterestsIn General	2630

Mortgagors or Pledgors Interest	2631

Stockholders Interest in Corporation	2632

Corporations Claim Against StockholderSubscriptions	2633

Character of Claim or Property Debts CreditsRealty	2634

SaleHow Made	2643

Wages or Salary	2644

Sale en Masse or in Parcels	2645

Violation of Statute	2646

Property or Funds Held as Bailee or Depositary	2647

Waiver of Requirements 2017 Who may Purchase	2648

BidsPayment	2649

Procedure Where Bidder Refuses to	2650

Disposition of Proceeds	2651

Funds Held by Receiver or Trustee of Court	2652

Prior Claim for Wages or Labor Done	2653

Property Held by Executor or Administrator	2654

Earnings	2655

Proceeds of Sale or Mortgage of Homestead	2656

Proceeds of Insurance	2657

By Whom IssuedTime of Issuance	2667

Form and Requisites	2668

Description of Persons and Property	2669

Redemption 2036 Sheriffs Deed k Supplementary Proceedings 2037 Nature and Purpose of Supplementary Proceedings	2670

Return of Service	2671

Conditions PrecedentJudgment	2672

Sufficiency of Notice	2673

Issuance or Return of Execution 2040 Proceedings Against Third Persons	2674

JurisdictionOrder for Examination and Service	2675

Extent of Right	2676

ArrestDisposition of Property Pending Proceedings 2043 Time and Place of Examination	2677

The ExaminationSecond Examination	2678

Assignment or Transfer by Defendant in General	2679

Order or Judginent	2680

Garnishment Preceding Assignment or Transfer	2681

Third Persons Claim of Title or Denial of Indebtedness	2682

2047	2683

Enforcement of Orders	2684

Reference	2685

Receivership	2686

Extent and Scope of Liability	2687

Property Which may be Reached	2688

Statutory Basis 1 Exemptions	2689

Purpose and Policy of StatutesConstruction	2690

Who Entitled to BenefitNonresidents	2691

Remedies	2692

Claim by Wife or Member of Family	2693

Defects in Proceedings	2694

Head of FamilyHouseholder	2695

Against What ClaimsAlimonyCriminal Judgments	2696

Purchase Price Obligations	2697

Property ExemptLieu Exemptions	2698

Only in Debtors PropertyJoint or Firm Property	2699

Proceeds of Exempt PropertyJudgment for Its Value	2701

Time for Answer or Disclosure	2702

Form and Contents	2703

Disclosure by Affidavit	2704

Certificate	2705

2706 Response to Interrogatories	2706

Oral Examination of Garnishee	2707

Conclusiveness of Answer	2708

Failure of Garnishee to AnswerInsufficient Answer	2709

Amendment of Answer	2710

Admission of DebtSurrender of Property or Fund	2711

Traverse of Answer	2712

In GeneralConsolidation of Proceedings	2713

Time for Trial and Notice of Proceedings	2714

Participation or Intervention by Principal Defendant	2715

Issues	2716

Evidence	2717

Instructions	2718

Judgment	2719

Form and Requisites	2720

Judgment by Default	2721

Judgment on Answer	2722

Amount of Judgment	2723

Costs and Allowances	2724

Attorneys Fees	2725

Effect of Judgment and Payment	2726

Payment of Judgment as Defense	2727

Foreign Judgment as Protection to Garnishee	2728

Enforcement of Judgment	2729

Actions to Enforce	2730

New Trial and Appeal	2731

Vacation of Judgment	2732

Rights of Third PersonsIntervention	2733

Disclosure of Claim by Garnishee	2734

Bringing in Claimants as Parties to Garnishment Proceedings	2735

Repayment by Codefendant 280 Notice of Motion by Defendant for Execution Against Codefendant	2736

Affidavit for Issuance of Execution on Sunday 282 ExecutionGeneral Form	2737

JudgmentCostsAppeal	2738

Execution Against Principal and Sureties	2742

Notice of Motion to Stay Execution 291 Order Staying Execution	2743

Bond Staying Execution 293 Instructions to Sheriff	2744

Notice of Third Party Claim 296 Undertaking of Indemnity to Sheriff	2745

Undertaking of Party Claiming Property	2747

Order to Sheriff to Release Levy 299 Notice of Motion to Quash 300 Order Quashing and Recalling Execution 301 Order Quashing Levy	2748

Notice to Choose Appraisers 303 Appointment and Oath of Appraisers	2749

Report and Appraisal 305 Notice of Sale on ExecutionGeneral Form	2750

Return	2751

Certificate of Sale of Personal Property	2752

Certificate of Sale of Real Estate	2753

Motion to Confirm Sale 312 Order of Confirmation	2754

Notice of Motion to Vacate Sale 314 Order Vacating Sale 315 Petition for Writ of Assistance	2755

Notice of Motion on Foregoing Petition	2756

Order for Writ of Assistance 318 Writ of Assistance	2757

Certificate of Redemption from Execution Sale	2758

Sheriffs Deed	2759

Affidavit for Supplementary Examination of Debtor 322 Order for Debtor to Appear for Examination and Enjoin ing Transfers	2761

Subpoena for Other Witnesses	2762

Affidavit for Examination of Judgment Debtor Refusing to Apply Property or His Bailee or Debtor 325 Order for Appearance of Debtor Refusing to ...	2763

torney	2764

Warrant of Arrest of Judgment Debtor 329 Certificate of Referee	2765

Order That Judgment Debtor Deliver Specific Property 331 Order Appointing Receiver	2766

Affidavit of Nonattendance as a Foundation for Con tempt Proceedings 333 Affidavit of Failure to Deliver Money or Property as a Foundation for C...	2767

Order Adjudging Debtor Guilty of Civil Contempt	2769

Commitment Thereon 337 Schedule of Property for Exemption	2770

Claim of Exemption	2772

Necessity for Bringing of SuitNonjoinder of Causes 2092 Tender by DefendantInterpleader	2774

2125 Parties to Applications for Prerogative Writs 2126 Nominal PartiesReal Parties 2127 Suits in RemPayment of Costs from Fund i Security for Co...	2775

Authority of Clerk	2776

Taxation of CostsTaxation by Appellate Court 2194 Taxation by Trial Court 2195 Bill or Memorandum of Costs	2777

CHAPTER X	2778

Meaning of CostsFees	2779

Payment of FeesExemptionSuits in Forma Pauperis	2780

Application for Leave to Sue as Poor Person	2781

Law Governing Recovery of Costs	2782

b Right to Recover Costs in General 2088 Basis of RightStatutesConstruction in General	2783

Subject of DisputeRecovery as Matter of Course	2784

Circumstances Affecting Right to Costs 2090 Demand by PlaintiffFailure to Pray or Apply for Costs	2785

Tender After Commencement of Action	2788

Sufficiency of Tender	2789

Offer by Defendant to Confess Judgment	2790

Comparison of Amounts of Offer and Judgment 1	2791

Sufficiency of OfferMode of Presentation	2792

Disclaimer by Defendant of Interest in Property	2793

Agreements or Stipulations as to Payment of Costs 2100 Other Matters	2794

Outcome of LitigationSuccess as Requisite to Recovery 2101 Success as Determining Right to Recover Costs	2795

Partial Success as Entitling Party to Costs	2796

What Constitutes Success	2797

Abatement of CauseDeath of Party 2105 Dismissal or NonsuitSuits in Equity	2799

Retrial of CauseCosts of Former Trial	2800

e Amount of Judgment as Affecting Right to Costs 2107 Plaintiffs Right to Costs as Dependent on Amount	2802

Operation of StatutesComputation of Amount	2803

Nature and Purpose of Action	2804

Defendants Right to Costs	2805

f Nature of Proceeding or Application 2111 Actions at	2806

Equity Suits Suits Involving Real Property	2807

Nature of Suit as Being Equitable or Otherwise	2808

Special Proceedings	2809

Interlocutory ApplicationsDemurrersMotions 2116 Motion for New TrialCosts of Trial Already	2810

g Discretion of Court as to Award of Costs	2811

Depositions	2840

Copies of Records 2147 ExhibitsExpert Testimony	2841

Jurors Fees and Expenses	2842

Receivers Custodians Commissioners Guardians	2843

Reporters FeesCosts of Transcripts	2844

Attorneys FeesFraud Malice	2845

Statutory ProvisionsAgreement of Parties	2847

Amount	2848

Other ItemsTypewritingPrinting	2849

k Award of CostsTaxation and Retaxation 2155 GenerallyPower to Make AwardSubmission to Jury	2850

Jurisdiction of CourtEffect of Appeal	2851

Time for Award or Taxation of Costs	2852

Procedure in General	2853

Application for Allowance of CostsBill or Memorandum	2854

Effect of Failure to File BillOmission of Items	2855

Filing and Service of Bill or Memorandum	2856

Time for Making Application for Costs	2857

Generally	2865

Reviewable Orders	2866

Scope of ReviewPresentation of Questions	2867

Exercise of Discretionary Power	2868

Enforcement of Payment of Costs 2171 GenerallySuits in	2869

ExecutionAttachment of Person	2870

Stay of Subsequent Proceedings	2872

B COSTS IN REVIEWING COURTS a Right to and Liability for Costs in General 2174 Basis of RightAppeals from Justices Courts	2873

Law Governing	2874

Success as Entitling Party to Tax Costs	2875

Affirmance as to One and Reversal as to Another Party	2876

b Disposition Made of Case 2179 Dismissal	2877

Affirmance	2879

Conditional Affirmance	2880

Reversal	2881

Modifications of JudgmentDiscretion as to Award 2184 Securing of Relief as Entitling Appellant to Award	2883

Amount and Items of Recoverable Costs 2185 Generally	2885

Bill of Exceptions	2886

Transcript or Abstract of Record	2887

Necessity for and Use of Transcript	2889

PrintingTranscript or Abstract	2890

Briefs	2891

Other ItemsAttorneys Fees	2892

Award and Taxation 2192 AwardEntry of JudgmentOrder as to Costs	2893

e Penalty or Damages for Meritless Appeal 2196 Generally	2897

Award on Motion to DismissNecessity for Transcript	2898

Grounds for Imposition of Penalty	2899

Evidence as to Intention of Appellant	2900

DefensesLack of Prejudice to Respondent	2902

Amount of Penalty or Damages	2903

FORMS No 340 Leave to Sue in Forma PauperisPetition	2905

Certificate of Counsel 342 Affidavit of Party 343 Security for CostsMotion for Security	2906

Affidavit in Support of Motion 345 Notice to Party That Security is Required 346 Order Directing Giving of Security	2907

Failure to Furnish SecurityMotion to Dismiss 348 Affidavit in Support of Motion	2908

Order Dismissing Action 350 Furnishing Security After TimeOrder	2909

Bond or UndertakingTwo Sureties 352 Principal and Two Sureties	2910

One Surety 354 Affidavit of Justification of Surety 355 Affidavit of Two Sureties	2911

Libel Suit 357 Notice of Filing of Security	2912

Award of Costs 359 Dismissal of Action	2913

TaxationBill or Memorandum 361 VerificationAffidavit of Attorney 362 Notice of Taxation	2914

Objections to Taxation 364 Motion to Retax 365 Notice of Motion	2915

PART VIII	2917

CHAPTER I	2919

Order of Court	2948

Notice of Motion for Order Confirming Award 380 Notice of Motion to Vacate or Modify Award	2975

Motion to Vacate an Award 382 Motion to Correct or Modify an Award 383 Order Staying Entry of Judgment on Award 384 Order Confirming an ...	2976

Order Amending Award 386 Order Vacating Award	2977

Order Dismissing Motion to Vacate Award and Staying Judgment CHAPTER III	2979

Return of Summons on Arrest 394 Execution Against the Body 395 Notice of Application for Discharge from Imprisonment 396 Notice of Motion t...	2980

CHAPTER IV	3008

2257 Definition of Attachment 2258 Attachment Distinguished from Garnishment and Execution 2259 Origin and Scope of Remedy of Attachment ...	3009

Dissolution on Motion or Plea Generally 2534 Grounds for Dissolution	3016

Ownership of Defendant in General	3019

Fees of Garnishee as Witness 12 Answer or Disclosure of Garnishee 2701 Necessity of Answer or Disclosure	3021

Attack on GarnishmentRight to Seek Dissolution 2740 Grounds for Dissolution 2741 Proceedings on Motion to Dissolve	3022

In General	3036

Ex Contractu Actions Generally 2305 Contract for Direct Payment of Money	3057

Contract of Guaranty Indemnity or Suretyship	3059

Contract Unsecured by Mortgage Lien or Pledge	3060

Jurisdiction in General 2335 Jurisdiction of Particular Courts	3090

Jurisdiction Over Res 2337 Real Property 2338 Personal Property	3091

Venue	3092

Affidavit for Attachment 2340 Necessity of Affidavit 2341 By Whom MadeAgents	3093

By Whom Taken 2343 Time of Making	3095

Effect of Insufficiency of First Attachment 2425 Proceedings to Establish Priority	3160

Custody and Care	3173

Charges for Care and Maintenance 2439	3174

Persons Liable Taxation as Costs	3175

As Lien upon Property 2442 Actions for Interference With Possession 2443 Sale of Perishable Property	3177

2444	3180

Prevention of Attachment 2445 Undertaking to Prevent Levy 2446 Liability of Sureties on Undertaking	3181

Pleading in Action on Undertaking 2448 Evidence	3182

Release of Attachment Generally 2449 Distinction Between Release and Discharge 2450 Release by Voluntary Act of Parties	3183

Authority of Officer to Release Attachment 19 Release on Bond to Discharge Attachment 2452 Nature and Purpose of Undertaking	3184

By Whom Given	3185

Time and Place of Execution Amount 2456 Approval	3186

Validity and Efficacy of Bond	3187

Effect of Delivery of Undertaking	3188

Liability of Obligors	3189

Discharge of Obligors 2461 Discharge by Tender or Payment of Amount of Judgment	3190

Insufficiency of Complaint	3239

Absence of Grounds for Attachment 2537 Nonownership of Attached Property	3241

Exemption of Property from Attachment 2539 Irregularities and Defects in Proceedings	3242

Recitals of Affidavit	3244

Variance as to Amount of Claim 2542 Defects in Bond to Procure Attachment	3245

Jurisdiction to Dissolve or Vacate	3246

Elements of Cause of Action	3274

Accrual of Right of Action 2582 Who may Recover	3276

Persons Liable	3277

Sureties on Attachment Bond	3278

Actions on Attachment Bonds	3279

Pleading	3280

Defenses	3281

FORMS	3322

Petition of Affidavit 2664 ContentsSufficiency	3347

Bond or Undertaking	3422

Attachment No 398 Affidavit for AttachmentIn General 399 New Mexico	3426

Justices Courts 401 Secured Debt	3427

Laborers Lien on TimberCalifornia 403 Amended Affidavit	3428

Bond for AttachmentIn General	3429

Arizona 406 California	3430

Justices Courts 408 New Mexico	3431

Justices Courts	3432

Oregon 411 Justices Courts	3433

Washington 413 Writ or Order of AttachmentIn General	3434

Arizona 415 California	3435

Certificate in Case of Service Outside County 417 New Mexico	3436

Oregon 419 Washington	3437

Bond to Prevent Levy of Attachment	3438

Another Form of Bond or Undertaking 422 Notice of Attachment	3439

Notice by Publication 424 Wyoming	3440

Return of Officer 426 Another Form With Officers Certificate 427 Motion to Discharge Attachment	3441

Bond for Discharge or Release of Attachment	3442

Another Form 430 OregonJustices Courts	3443

WashingtonJustices Courts 432 Notice or Certificate of Release of Real Estate 433 Another Form	3444

Notice to Sheriff 435 Order Directing Sale of Attached Property	3445

Execution for Delivery of Specific Personal or Real Prop erty	3446

Another Form	3447

Claimants Bond to Secure Possession 440 Arizona	3448

Affidavit for Garnishment	3449

Bond or Undertaking	3450

New Mexico 444 Notice Summons or Writ	3451

Stockholders Interest in Corporation 446 Arizona	3452

Colorado	3453

Justices Courts 449 Kansas	3454

Nevada 451 New Mexico	3455

North Dakota 453 Justices Courts	3457

Oklahoma 455 South Dakota	3458

Utah 457 Washington	3459

Instructions to Sheriff as to Credits etc 459 Return of Officer 460 Answer or Affidavit of Garnishee	3460

Kansas 462 North Dakota	3461

Oklahoma 464 South Dakota	3462

Affidavit to Secure Examination of Garnishee 466 Citation to Garnishee to Appear for Examination	3463

InterrogatoriesColorado Nevada and Utah	3464

Idaho	3465

Formal Execution	3470

Knowledge or Information and Belief 2346 Recitals 2347 Existence and Nature of Cause of Action	3471

Factors Affecting Award	3481

Unnecessary Parties 2122 Coparties 2123 Interveners 2124 RepresentativesState Municipality or Public Officer	3483

Answer Under Warrant of Attorney 242 Judgment Under Warrant of Attorney	3492

Affidavit Accompanying Summons 223 Judgment Against Debtor not Originally Served 224 Judgment in Favor of Executor on Estate Claim	3494

Process or Notice	3496

Copyright

Other editions - View all

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
Bancroft-Whitney Company
Full view - 1928

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Common terms and phrases

Popular passages

Page 2708 - Sheriff, or his certain Attorney, Executors, Administrators, or Assigns, for which Payment well and truly to be made we bind ourselves, our Heirs, Executors, and Administrators, and each and every of us binds himself, his Heirs, Executors, and Administrators, firmly by these Presents. Sealed...‎

Appears in 197 books from 1807-2006

Page 2966 - ... to the effect that if the defendant; recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain, by reason of the attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.‎

Appears in 302 books from 1848-2006

Page 3105 - To enable him to make such return as to debts and credits attached, he must request at the time of service, the party owing the debt or having the credit to give him a memorandum, stating the amount and description of each; and if such memorandum be refused, he must return the fact of refusal with the writ.‎

Appears in 90 books from 1853-1992

Page 2906 - After adoption the two shall sustain towards each other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation.‎

Appears in 192 books from 1860-2004

Page 2257 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...‎

Appears in 295 books from 1819-2004

Page 2675 - Two horses, two oxen or two mules, and their harness, and one cart or wagon, one dray or truck, one coupe, one hack, or carriage, for one or two horses, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster or other laborer habitually earns his living...‎

Appears in 101 books from 1869-1995

Page 2260 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.‎

Appears in 274 books from 1777-2005

Page 2312 - Oregon, my true and lawful attorney, for me, and in my name...‎

Appears in 355 books from 1761-2007

Page 2403 - When from any cause the summons in an action has not been personally served on the defendant, the court may allow, on such terms as may be just, such defendant or his legal representative, at any time within one year after the rendition of any judgment in such action, to answer to the merits of the original action.‎

Appears in 115 books from 1853-1995

Page 2472 - If the purchaser of property at Sheriff's sale, or his successor in interest, fail to recover possession in consequence of irregularity in the proceedings concerning the sale...‎

Appears in 78 books from 1858-1981

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 3 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, 1927
Length	10390 pages

Export Citation	BiBTeX EndNote RefMan

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