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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-WHITNEY CO.,

LAW PUBLISHERS AND LAW BOOKSELLERS,

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

thousand 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.

LIBRARY OF THE

LELAND STANFORD, JR., UNIVERSITY

LAW BEPARTMENT.

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 amendments, 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 work, resort has been had to the decisions of the highest courts of the Pacific coast states in connection with the latest Code amendments, and an effort has been made to include everything that 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 utterances. The plan of the 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 accord with the latest enactments and decisions. Where cases cited are re-reported in American Decisions, American Reports, or American State Reports, doublé references are given. The additional matter has necessitated the making of a new index to the whole work.

SAN FRANCISCo, September 1, 1897.

C. T. B.

PREFACE TO THIRD EDITION.

In the preparation of the third edition of 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 whenever a change has been made in the rules and doctrines contained 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, and it is confidently hoped that they will be found substantially correct. The citations have been placed in notes at the bottom of the pages. and not embodied in the text as in previous editions.

SAN FRANCISCO, October, 1884.

C. P. POMEROY.

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