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(References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.)

Constables. See Sheriffs and constables.

Constitutional rights. See Unlawful discriminations, actions based upon.


construction of code provision adopted from another state, 728.
construction of pleadings generally, 163.
complaint not tested by demurrer, 175.
formal averments omitted, 175.
inconsistent and self-contradictory answer, 176.
inconsistent allegations in a reply, 176.
pleading construed according to its entire scope, 176.
reference to construction under Oklahoma procedure, 176.
rule as to pleadings construed most strongly against the pleader, 176.
rule particularly applicable where default is entered, 176.

rule as to liberal construction of pleadings, 175.
Contempt, proceedings to punish for. See, also, Witnesses.
affidavit-in action at law to prevent usurpation of office (form), 1860.

in proceedings for punishing a contempt of court (form), 1860.
omission of cured by answer, 1866.
upon information and belief, 1866.

where required, is jurisdictional, 1866.
appealability of order, 1866.
application to punish for contempt, 1866.
defense of truth of charge not applicable as in libel, 1866.
disobedience by judge of writs of supersedeas of higher court, 1865.
judgment in a proceeding for a contempt of court against a witness for

refusing to answer a relevant and material question (form), 1862.
judgment must specify the contempt, 1866.
jurisdiction to punish for contempt, 1865.
jurisdiction of judges at chambers, 1865.
motion for warrant of arrest in proceedings for contempt for neglecting

and refusing to obey a judgment (form), 1861.
order to show cause, made on the filing of affidavit charging contempt

(form), 1861.
proceeding before United States commissioner, 1865.
proceeding in vacation, 1865.
prohibition to restrain punishment under void order, 893.
recitals and judgment for a contempt of court committed in the presence

of the court (form), 1862.
refusing to answer question-recital in commitment, 1866.
state as party, 1866.
warrant of attachment to be issued in proceedings to punish for a con-

tempt of court (form), 1861.
witnesses and contempts-statutes applicable to proceedings, 1865.

Contests of elections. See Election contests.

(References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.)

Contracts generally.

agreement to furnish laborers, 1262.
basis of contract liability, 1261.
contract-when partially void, 315.

when wholly void, 315.
consideration-how ascertained generally, 317.

must be lawful, 316.
effect of illegality of, 316.
effect of impossibility of ascertaining, 317.
executory consideration, how ascertained, 316.
good consideration for, promise, 315.
legal or moral obligation as, 315.

provision as to when void, 317.
defense to actions founded upon contract, 328.

agreement to pursue independent measures of redress, 1263.

non-delivery of contract, 1263.
entire and severable contracts-distinctions, 1262.
executed and executory contracts, 325.
express contract defined, 317.
instalment contracts, actions upon—when judgment is a bar, 1263.
option agreement—what complaint must set forth, 1262.

test of divisibility of contracts, 1263.
Contracts, breach of. See Breach of contracts of sale and purchase, and of

miscellaneous contracts.

Contracts of builders. See Builders' contracts.

Contracts, cancelation of. See Cancelation of instruments.
Contracts, reformation of. See Revision or reformation of contracts.
Contracts, rescission of. See Rescission.
Contribution between joint debtors.
action for contribution of proportion of expenses for constructing water-

conduits, etc., 1078.
action by surety to determine adverse claims, 845.
complaint for contribution (form), 848.
contribution between co-defendants, 849.
contribution between joint parties, 846.
joinder of parties, 849.
joint wrong-doers, 849.
judgment to enforce contribution or repayment, 847.
payment of street assessment by owner of part of land-contribution as

against remaining owners, 849.
procedure upon judgment on joint obligation, 843.

Contributory negligence, defense of. See Negligence (contributory) as a

defense; Negligence-miscellaneous actions.

(References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.)

Controversy without action. See Agreed case.

Conversion and trover.

actions by representatives for conversion, 1010.
allegation of fact of conversion, 1603.
averment of ownership, 1603.
complaint-when deemed sufficient, 1603.

against attorney, for conversion of money collected (form), 1599.
against warehouseman, for conversion and damages (form), 1599.
by assignee of claim, for conversion and damages (form), 1596.
by seller against fraudulent buyer of goods (form), 1596.
for conversion (form), 1595.
for conversion of a bond (form), 1598.
for malicious conversion, and damages resulting therefrom (form),

in action for goods in defendant's possession (form), 1596.
in action for goods taken from possession of bailee (form), 1597.

for unlawful sale of note's collaterals, 1604.
conversion for refusal to enter transfer of stock, 600, 601.
conversion by carrier-stoppage in transitu, 1604.
damages for conversion, 1605, 1733.

measure of, in trover, 1605.
demand-when not necessary in bringing trover, 1603.
defense by sheriff in action for conversion, 682.
denial-of conversion (form), 1602.

of ownership (form), 1602.

of taking (form), 1602.
elements of an action for conversion, 1603.
fraudulent conversion, 1604.
judgment (or decree) in action against executor for conversion, 1028.
remedies of party defrauded, 1604.
rule as to property severed from the soil, 1604.
rule as to pleading fraud-when not applicable in conversion, 1604.
trover at common law, 1604.
trover-when maintainable against a sheriff, 682.

when true owner may maintain, 1604.

Conviction of felony. See Divorce (causes for).

Copartners. See Partnership and accounting; Partners as parties.

Copies. See Exhibits.

Corporations, actions relating to management and internal affairs. See, also,

Dissolution of corporations.
actions relating to the management and internal affairs of corporations

generally, 556.
to collect stock subscriptions, 602.
Jury's Pl.-129.

(References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.)

Corporations, actions relating to management, etc. (continued).
action-for recovery of stock, and limitation thereof, 565.

against directors for malfeasance, 557.
to set aside election of directors, 601.
to recover assessment, 567.
to adjudge assessments void-relief granted, 601.

to recover amount of assessment and defenses thereto, 601.
assessment-notice of (form), 595.
building association loans-prohibitions-penalties, 575.
complaint—alleging conversion on refusal to transfer stock, 601.
by corporation and president thereof for an accounting and for relief

for violation of trust, and for sale of pledged stock delivered to

secure any amounts found due upon such accounting (form), 582.
by minority stockholders, prosecuted for the use and benefit of the

corporation, and for the collection of sums alleged to be due the

corporation (form), 587.
for alleged conspiracy of directors to defraud (form), 595.
for conversion of stocks and bonds, pledged by the plaintiff to secure

debts, and to annul unauthorized and void acts of the pledgees
acting as directors of the corporation and as trustees of such

stocks and bonds (form), 589.
conversion for sale under void assessments, 601.
counterclaim by an assignee of the directors, 601.
decree in action by stockholders of a foreign corporation to enjoin certain

acts of stockholders alleged to be in furtherance of a conspiracy
to deprive the plaintiffs of their rights as holders of a majority of

the capital stock of the corporation (form), 598.
defense-defendant corporation's approval and ratification of acts (form),

failure to xhaust proper measures for relief (fo 1), 595.
plaintiff not a party in interest (form), 595.

specific denial (form), 595.
equitable action to compel entry of transfer of stock-parties, 600.
interests insurable and reinsurance, 568.
liability of directors-rights of stockholders, 557.

for loss of insurance, 568.
liability of officers for false entries, reports, etc., 563.
liability of president and directors in reference to reports, etc., 575.
mandamus to enforce right to inspect books, etc., of a corporation, 602.
president and secretary of corporation not necessary parties defendant to

action to transfer stock, 600.
proofs of publication and sale, 566.
refusal to disclose affairs of corporation, 601
right of minority stockholders, 599.
right of stockholder to inspect mine-damages, when recoverable, 574.

(References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.]

Corporations, actions relating to management, etc. (continued).
right of stockholder acquiring stock after commission of wrongs, 599.

rule in federal courts, 600.

rule in the state courts, 600.
sale of delinquent stock-notice of (form), 595.
special meeting of directors--notice of (form), 594.
supplemental complaint (form), 593.
transferrer of stock not necessary party defendant to action to transfer

stock, 600.
Corporations as parties. See, also, Municipal corporations.

corporations as parties generally, 227.
averments--as to corporation plaintiff (form), 227.

as to corporation defendant (form), 228.
as to national banks as corporations plaintiff and defendant (form),

corporation having contractual interest proper party, 231.
denial based upon insufficient knowledge of incorporation of plaintif

company (form), 229.
when necessary party, 231.
Corporations, foreign. See Foreign corporations and their stockholders,

actions against.
Corporations, voluntary dissolution of. See Dissolution of corporations.
acknowledgment of service of a copy of memorandum of costs (form),

costs-in divorce, 1899.

in equity cases generally, 1899.
in foreclosure, 1899.
in action for trespass, 1899.
under attachment, 1900.
where action abates, 1900.

where partial relief is granted, 1899.
counsel fees as costs, 1900.
counterclaim as affecting costs, 1900.
effect of modification or reversal, 1900.
filing after statutory time, 1900.
memorandum of costs and disbursements on part of plaintif or defendant

(form), 1887.
notice requiring security for costs (form), 1886.
notice of motion to stay proceedings until security for costs be given

(form), 1887.
premature filing of cost-bill, 1900.
satisfaction of judgment for costs (form), 1879.
sheriff's return of execution unsatisfied (form), 1890.
statutory costs, 1900.

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