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FORM No. 1119-Notice of decision in favor of defendants and cross-com

plainant.

(In Gish v. Ferrea, 10 Cal. App. 53; 101 Pac. 27.)

[Title of court and cause.]

To the above-named plaintiff, and to Hugo D. Newhouse, Esq., her attorney:

You, and each of you, will please take notice, that the aboveentitled court has rendered judgment in favor of defendants, and in favor of cross-complainant, J. P. LeFevre, and against plaintiff, in the above-entitled action [etc., as in preceding form].

Dated this 16th day of April, 1908.

Berry & Brady, Attorneys for defendants and cross-complainant. [Endorsement of filing.]

FORM No. 1120-Notice of time of trial. (With waiver by plaintiff of trial by jury.)

[Title of court and cause.]

To the defendants in the above-entitled action, and their respective attorneys:

You are hereby notified, that the trial of the above-named cause has been set for the hour of 10 o'clock A. M. on 19, at the courtroom of said court, in the courthouse at

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in the county

of

and that said cause will be tried at said time and place, and you are further notified that the plaintiff hereby waives a trial by

jury.

A. B., Attorney for plaintiff.

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[Date.]

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FORM No. 1121-Notice to produce documents for use on the trial.

[Title of court and cause.] To defendant,

and to

his attorney:

"

Notice is hereby given to you, and each of you, that plaintiff hereby demands of you, and of each of you, that you have and produce at the trial of the above-named action set for 19 at

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the hour of 10 o'clock A. M. at the courthouse in the county of state of

the following:

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[Here designate books, papers, etc., desired.] And you are hereby notified, that upon the failure upon the part of you, or either of you, to have said [here designating] at said trial, plaintiff will object to

the admission of any evidence concerning any matter relating to matters set forth or referred to in said [here designate books, etc., as above].

[Date.]

A. B., Attorney for plaintiff.

FORM No. 1122-Notice of motion to dismiss action.

(In Siskiyou County Bank v. Hoyt, 132 Cal. 81; 64 Pac. 118.) [Title of court and cause.]

To plaintiff, and to Messrs. Gillis & Tapscott, its attorneys:

You will please take notice, that Elizabeth Hoyt, one of the defendants in the above-entitled action, will make special appearance in said cause, before said court, and for that purpose only, will, upon the 23d day of December, 1899, at the hour of ten o'clock A. M., or as soon thereafter as counsel can be heard, move this court to dismiss said action.

Said motion will be made upon the records, files, and papers in said cause, and upon the ground that no summons was ever issued within a year after the filing of the complaint therein;

Also upon the ground that no service of the complaint or summons has ever been made upon her within the period of three years before the commencement of said action; and that she has never appeared or made answer to said complaint.

[Date.]

Warren & Taylor, Attorneys for defendants.

FORM No. 1123-Notice of overruling demurrer and granting time to answer.

[Title of court and cause.]

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To the defendant in the above-entitled action, and to A. B., attorney:

"

Please take notice, that the demurrer interposed by you to the complaint of plaintiff herein was on the day of 19, by the court overruled; and by said order you have been granted ten days from the date of this notice in which to answer the complaint herein.

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[Date.]

A. B., Attorney for plaintiff. [Admission of service-annexed to foregoing notice, upon service thereof.] Due service of the foregoing notice of overruling demurrer is hereby admitted this day of

19 .

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C. D., Attorney for defendant.

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ORDERS.

FORM No. 1124-Order extending time to plead.

[Date.]

[Title of court and cause.]

Good cause appearing therefor, it is hereby ordered, that the defendant, have to and including the day of 19, in which to plead to the complaint [or other paper, naming it]

"

herein.

S. T., Judge.

FORM No. 1125-Order assigning cause.

(In Dodge v. Ridenour, 62 Cal. 263.)

[Title of court and cause.]

It is ordered, that the above-entitled cause, pending in the district court of the twelfth judicial district of the state of California, in and for the city and county of San Francisco, on the 31st day of December, 1879, be and the same is hereby assigned to department No. 2 of this court.

William P. Daingerfield,

Superior Judge, presiding.

FORM No. 1126-Order denying or overruling motion in general.

[Title of court and cause.]

Hearing upon motion of plaintiff [or defendant] herein [here designate the nature of the motion], coming on this day regularly to be heard, and the same being submitted, said motion is hereby granted [or denied]. [If the motion be granted, state effect specifically.] S. T., Judge.

[Date.]

FORM No. 1127-Order on motion to strike pleading from the files.

[Title of court and cause.]

The motion of the plaintiff [or defendant] herein to strike out the answer [or other pleading to which motion is directed, naming it], coming on regularly to be heard, and the court being duly advised in the premises, the said motion is hereby denied [or granted, as the case may be].

[Date.]

S. T., Judge.

FORM No. 1128-Order granting time to answer upon overruling demurrer. (In Braly v. Fresno City R. Co., 9 Cal. App. 417; 99 Pac. 400.) [Title of court and cause.]

It is ordered, that the demurrer of defendant to the complaint of plaintiff be and the same is hereby overruled, and defendant is hereby granted ten days in which to answer after notice.

[Date.]

George E. Church, Judge of Superior Court.

FORM No. 1129—Order granting time to amend after sustaining demurrer. (In McFarland v. Matthai, 7 Cal. App. 599; 95 Pac. 179.) [Title of court and cause.]

The demurrer in the above-entitled action coming on regularly to be heard, P. S. King appearing for the plaintiff, and Louise Matthai, one of the defendants, appearing for the defendants:

The court, after hearing the argument, orders that the demurrer be and the same is hereby sustained, and the defendants are given ten days to amend their [cross-] complaint herein.

In open court, Jan. 29, 1900.

FORM No. 1130-Order to show cause.

[Title of court and cause.]

On reading the petition of A. B., [creditor of the above-named decedent,] this day presented to me in the above-entitled proceeding, praying that an order may be made in said matter adjudging and decreeing that [here state]; and it appearing to me from said petition [that it is necessary to sell some portion of the property belonging to said estate for the purpose of paying the debts outstanding against the decedent, etc.]; it is ordered, that said petition be filed with the clerk of this court, and that all persons interested in the said estate appear before this court on the day of 19 at o'clock A. M. of said day, at the courtroom thereof, department No. in the city of then and there to show cause, if any they have, why an order shall not be granted [directing a sale of a portion of the property of the said estate, as prayed for in the said petition, etc.]. And it is further ordered, that a copy of this order be published once a week for four successive weeks in "The Daily a newspaper published in the said county of

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[Date.]

S. T., Judge.

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FORM: No. 1131-Order suspending power of executor.

[Title of court and cause.]

T. M., widow of L. M., deceased, having heretofore presented her petition asking for the suspension of the powers of X. Y., executor of the last will of said deceased, and presenting her reasons therefor, and the court having examined said petition and certain proofs in support thereof, and it appearing to the court that there is reason to believe that the said X. Y., executor of the last will of the said deceased, [has wasted and mismanaged the property of the said estate committed to his charge, and has committed fraud upon the said estate, and has wrongfully neglected the said estate, in the particulars stated in said petition, etc.]:

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It is by the court ordered, that the powers of the said X. Y., executor of the last will of said L. M., deceased, be and the same are hereby suspended until the matters alleged in said petition are investigated as herein provided.

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And it is further ordered, that the said X. Y. be cited to appear before this court, in department No. thereof, on the day of 19 at o'clock M. of that day, then and there to show cause, if any he has, why the letters testamentary, heretofore issued to him as executor of the last will of said L. M., deceased, should not be revoked.

[Date.]

S. T., Judge.

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FORM No. 1132-Restraining order to executor, and order to show cause.

[Title of court and cause.]

Upon reading and filing the petition of T. M., widow of said deceased, entitled "Petition of T. M. for a restraining order and for citation to the executor," and good cause appearing therefor:

It is by the court ordered, that X. Y., executor of the will of said L. M., deceased, be and he is hereby enjoined and restrained until the further order of the court from [state the acts enjoined].

"

And it is further ordered, that said X. Y., as said executor, appear and show cause herein, if any he has, at the courtroom, department No. of this court, at o'clock M. on the day of 19 why the prayer of said petition should not be granted. [Date.]

"

S. T., Judge.

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