[References are to pages.] Winslow V. Minnesota etc. R. Co. (Minn.), 200. Winsor v. Ottofy (Mo.), 390. Wood v. Fox (Utah), 1029. Wood v. Franks (Cal.), 1699. Wood v. Herrman Min. Co. (Cal.), 1822. Wood, Curtis & Co. v. Seurich (Cal.), 333. Woodbury v. Nevada S. R. Co. (Cal.), 1827. Woodruff v. Bearman F. Co. (Minn.), 1545. Woods v. Lisbon (Iowa), 108. Wright v. Centr 1 Cal. C. W. Co. (Cal.), 601. Wright v. Connor (Iowa), 79. Wright v. Ragland (Tex.), 1700. Wrought Iron R. Co. v. Young (Ark.), 108. Wurts v. Hoagland (U. S.), 1237. Wylie v. Sierra G. Co. (Cal.), 1849. Wymond v. Amsbury (Colo.), 403. Yerian v. Linkletter (Cal.), 1743. Yik Hon v. Spring Valley Water Works (Cal.), 1545. Yonley v. Thompson (Ark.), 246. Younger v. Spreckels (Cal.), 1813, 1814, 1815. Younie v. Blackfoot L. & W. Co. (Idaho), 1530. Yukon River S. B. Co. v. Gratto (Cal.), 1605. Yundt v. Hartrunft (Ill.), 407. Zalesky v. Home Ins. Co. (Iowa), 271. Ziel v. Dukes (Cal.), 32. Zimmerman v. Robinson & Co. (Iowa), 147. Zivi v. Einstein (N. Y.), 72. INDEX [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Abatement and revival, 204. Abatement of nuisance. See Nuisance; Injunction. Abatement, pleas and defenses generally. For particular pleas, see separate headings. defenses in abatement and miscellaneous defenses, 247. defense based upon incapacity of foreign corporation to sue by reason of matters in abatement under Missouri statutes, 67, 68. matters in abatement, when waived, 269. plea in abatement amounting to general denial-trial, 1864. pleas in abatement not favored, 269. Abduction. See, also, Seduction. abduction or seduction of personal relations, 392. complaint-action for enticing away, and for criminal conversation with, action by husband for enticing away his wife, and charging malice and action for harboring plaintiff's wife (form), 395. Account stated. See, also, Debt, actions for. complaint-action to recover interest on a balance due on an account stated (form), 1280. defense of denial of account stated (form), 1286. nature of account stated, 1287. pleading cause as a stated account, 1272. [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Accounting. See Partnership and accounting. Accounts, actions upon. See, also, Debt, actions for; Sale and purchase; Ac- action for balance of account, 1288. daily balances, 1288. Act of God, so-called. See Irresistible superhuman cause, as defense. Administrators. See Executors and administrators, actions by and against. Admissions. See, also, Answer to complaint (or petition); Demurrer to com- admission by insufficient denial, 71. admissions in the answer referable to the complaint, 69. admissions in pleadings, 911. averments not denied deemed true, 68, 69. matters not deemed admitted for failure to deny, 69. trials-admissions in pleadings, 1863. when fact of agency is admitted by pleadings, 1334. Adoption. See, also, Minor children, custody and support of. adoption generally, 537. adoption and legitimation of illegitimate child, 545. complaint by overseer, 547. consent of parents, 546. order of adoption, 543. order upon contract of adoption, 546. proceedings on adoption, 537. right of adoption, 546. Adultery. See Divorce, causes for. Adverse claims to real property. See, also, Quieting title. actions to determine adverse claims; to remove cloud upon title, etc., 795. elements of adverse possession, 805. independent title created by adverse possession, 794. occupation under written instrument or judgment, when deemed adverse, 801. possession, when presumed-occupation deemed under legal title, unless premises occupied under claim of title deemed to be held adversely, 803. what constitutes adverse possession under written instrument or judg- what constitutes adverse possession under claim of title not written, 803. [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Adverse possession, defense of. defense of adverse possession-action for restoration of lands and for as tenants in common with plaintiffs-action to quiet title to alleged defense of prescriptive right to use of waters (form), 1212. Affidavits. affidavit-as basis of jurisdiction, 1849. where required, as in contempt, is jurisdictional, 1866. omission in affidavit, where jurisdictional, may be cured by answer, service of notice on a person not an attorney (form), 1837. service of notice by mail (form), 1837. service of notice on an attorney absent from his office (form), 1838. service of notice on an attorney at his residence when his office is service of notice on an attorney at office in charge of a clerk or other service by citation (form), 1840. service of summons on several defendants (form), 1839. on motion to file supplemental answer (form), 134. accompanying motion to file supplemental complaint (form), 134. accompanying notice of motion to revive action in which defendant is accompanying notice of motion to substitute officer's successor as in attachment and garnishment, 1688. for claim and delivery (form), 1633. to obtain leave to correct fictitious name (form), 234. accompanying notice of motion to elect between causes (form), 143. of clerk on motion to dismiss (form), 889. by attorney accompanying notice of motion to vacate stipulation by attorney-in-fact accompanying notice of motion to vacate stipulation error in signing, or omission to sign affidavit-validity not destroyed Agency. action to recover commission-complaint held sufficient, 1334. agent suing alone, 1335. complaint-by a foreign corporation against its agent and manager, for an accounting (form), 1325. by real estate agent, for commissions (form), 1328. [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Agency (continued). complaint upon special contract to protect agent in his right to commis- defense-denying agency (form), 1331. based upon special contract as to commissions (form), 1331. including counterclaim for damages for disobeying principal's orders in regard to stock transactions (form), 1331. departure by agent from his authority, 1334. distinction between contract to find purchaser and contract to sell, 1333. oral offer to buy, 1334. parol contract to find purchaser, 1334. pleading ratification, 1335. when agency is admitted by the pleadings, 1334. Agreed case. agreed case, or controversy without action-affidavit, 905. findings upon submission (form), 911. judgment upon submission (form), 911. submission of controversy without action (form), 906. Agreed statement of facts. presenting issue as to effect of a particular statute (form), 907. issue as to validity of title derived through sale under trust-deed as judgment of dismissal-action to quiet title to tide lands (form), 790. Agreements. See Contracts. Alienation of affections. complaint-action by wife for alienation, 408. action by wife for alienating affections of her husband, and causing conspiracy to alienate, 408. test of sufficiency of pleading, 407. verdict allowing compensatory and exemplary damages in an action by Alimony. See Maintenance of wife. Allegations. See Particular allegations. Alteration of instruments. See, also, Cancelation of instruments; Rescis- sion; Negotiable instruments. alteration of contracts in writing, 312. alteration or destruction of duplicate-effect of, 313. destruction, cancelation, or alteration by party entitled to benefit under written instrument-effect of, 312. partial extinguishment by alteration of verbal contracts, 312. |