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

Detention of personal property. See Personal property, injuries to and unlaw.

ful detention thereof.

Dilatory plea, asserting by amendment, 107.

Directors. See Corporations, actions relating to management and inter-

nal affairs.

Disbarment of attorneys.

demurrer or objections to accusation (form), 1957.
judgment of disbarment where the accusation is based upon a conviction

of a felony (form), 1957.
judgment or order of suspension (form), 1958.
order addressed to accused to appear and answer (form), 1956.
petition for disbarment (form), 1955.
verification of petition for disbarment, 1956.
verification of petition for disbarment-California (form), 1956.

Discharge. See Release and discharge, defense of.

Discharge in attachment. See Attachment and garnishment.
Discharge in bankruptcy, as defense. See Bankruptcy, discharge in, as



amended answer with disclaimer (form), 182.
disclaimer of interest (form), 182.

in action for cancelation of forged deed (form), 776.
in partition—not required to be accepted unless absolute, $22.
in action to quiet title (form), 769.


affidavit of clerk on motion to dismiss (form), 889.
dismissal of action by plaintiff (form), 1867.

statutes construed, 1870.
dismissal as to one or more joint debtors, 1870.
judgment of dismissal-entry by clerk (form), 1876.

as nonsuit, 1869.

rule under Oregon practice, 1870.
jurisdiction-inherent authority of courts to order dismissal, 1869.
notice of motion to dismiss action, 1831.
notice of motion to dismiss action unless proper parties revive the same

(form), 216.
stipulation of dismissal on compromise (form), 1867.

Dissolution of corporations.
dissolution of corporations, generally, 953.

application for voluntary dissolution of corporation, 953.

(References are to pages.

Vol. I, pages 1-1238; Vol. II, pages 1239-1969.)

Dissolution of corporations (continued).

petition for dissolution (form), 960.
petition for voluntary dissolution, 960.

signing and verification of application, 959.
adultery-defined, 467.

as ground for divorce, 467.
how charge of is stated, 498.

allegation of adulterous intercourse (form), 469.
allegation that application for divorce is made in good faith-Iowa sta'ate

construed, 497.
var to action interposed by the court, 499.
causes or grounds for divorce, 453.
change of venue where real action is joined with action for divorce, 1820.
complaint-ground of adultery (form), 468.

ground of adultery, where name of paramour is unknown (form), 469.
ground of failure to provide (form), 469.
ground of habitual intemperance or drunkenness (form), 479.
ground of extreme cruelty (form), 478.
ground of cruelty, for custody of minor children, division of property,

alimony, etc. (form), 475.
ground of conviction of felony (form), 479.
ground of wilful neglect, or failure to provide (form), 470.
ground of desertion (form), 474.

on grounds of desertion and failure to provide (form), 473.
conviction of felony as ground for divorce, 479.
counsel fees—when court may award, 499.
cruelty as ground for divorce, 474.

extreme cruelty defined, 474.
"grievous bodily injury," "grievous mental suffering,” 498.

mental suffering as element of cruelty, 498.
decree-a vinculo, 500.

awarding permanent alimony, 500.
of nullity, may be rendered, when, 500.
entry of, nunc pro tunc, 500.
final judgment or decree, 490.
final decree, giving plaintiff authority to resume her former name

(form), 496.
findings and decrees, 489.
findings of fact and conclusions of law (form), 492.
interlocutory judgment or decree, 489.
interlocutory decree (form), 493.
interlocutory decree-effect of, 499.
interlocutory decree, providing for custody of minor children, division

and separation of community and separate property, etc.-action
on the ground of cruelty (form), 493.

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

Divorce (continued).
decree-judgment by confession, when unauthorized, 500.

modification of orders and decrees under the Oklahoma statutes, 499.

modification by motion, 500.
desertion-defined, 470.

absence or separation, when becomes desertion, 472.
how manifested, 471.
how cured, 472.
in cases of strategem or fraud, 471.
in cases of cruelty, where one party leaves the other, 471.
by husband where selection of home or mode of living is unfit, 473.
complaint for desertion not required to allege offer of reconciliation,

"persistent refusal" under complaint for desertion, 498.
rights of husband, as head of family, 467.
right of husband to choose home and method of living, 473.
separation by consent not desertion, 472.

revocation of consent to separation, 472.
defenses and causes for denial of divorce, 479.

collusion defined, 481.
condonation defined, 482.
condonation, when to bar defense, 484.
condonation (form), 485.
connivance defined, 480.
defenses in bar, 499.
former judgment as defense and counterclaim, 499.
general denial (form), 484.
grounds for denial of divorce, 479.
divorce, when denied because of lapse of time, 459.
denial of adultery-and cross-complaint (form), 484.
divorce proceedings in general, 453.
divorce from bed and board, 500.

divorce by default or on uncorroborated testimony not granted, 464.
habitual intemperance (or drunkenness) as ground for divorce, 478.

habitual intemperance defined, 478.

how charged, 498.
impotency as ground for divorce in certain jurisdictions, 479.
interest of the state in divorce proceedings, 498.
period of continuance of certain causes, 463.

plea of former adjudication (form), 485.
recrimination defined, 482.

recriminatory facts-pleading of, 499.
residence-plaintiff required to establish, 461, 498.
publication of summons in divorce proceedings, 486.

affidavit of search for defendant-California (form). 487.
afidavit of plaintiff for publication of summons (form), 486.

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

Divorce (continued).

publication of summons, order for-California (form), 488.
right to defend-court can not deprive defendant of, 499.

stipulation not to defend, 499.
trial of issues by jury-Oklahoma practice, 499.
wilful neglect (or failure to provide) as ground for divorce, 469.
wilful neglect defined, 469.

Dower. See Property of husband and wife, actions relating to.

Drafts. See Negotiable instruments.

Drainage. See Irrigation and reclamation.

Drunkenness. See Divorce (causes for).

Duel, damages caused by. See Damages.

Duress, defense of.
duress-definition, 300.

development of the defense of, 332.
defense-duress of imprisonment (form), 304.

duress against public service corporation (form), 305.
of menace (form), 305

Ejection. See Negligence of carriers-actions for injuries to passengers.


ejectment, generally, 1119.
affirmative defense, 1134.
complaint in ejectment (form), 1119.

when sufficient, 1134.
by a city, 1134.
for use and occupation (form), 1120.
for restitution of lands and for damages for alleged trespass (form),

alleging title by dower (form), 1120.
alleging title by descent (form), 1121.
alleging title by devise (form), 1122.
by owner of undivided interest (form), 1122.
by tenant (form), 1122.

by homestead entryman (form), 1123.
conditional judgment, 1136.
cross-complaint (form), 1123.

must relate to lands in question, 1135.
damages—right to recover rents and profits, 1135.
defense-based upon agreement to convey (form), 1125.

adverse possession (form), 1127.

adverse possession founded upon a written instrument (form), 1127.
Jury's Pl.-130.

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

Ejectment (continued).
defense-based upon bar of the statute (form), 1127.

based upon fraud of original owner (form), 1127.
based upon grant of franchise and right of way (form), 1125.
based upon unexecuted agreement to convey under which possession

was given (form), 1127.
effect of certain denials and admissions as to homesteader's entry, 1134.
ejectment by mortgagor, 1134.
ejectment to recover homestead-action by wife, 1134.
equitable defenses in ejectment, 1135.

code rule, 1135.
essential allegations, 1133.

facts must show entry to be "wrongful and unlawful," 1133.
improvements by purchaser not set-off, 1135.
intervention in ejectment, 1135.
judgment for defendant upon an equitable defense in ejectment, embody.

ing general findings upon the issues (form), 1132.
title in defendant, 1134.
rents and profits included in judgment, 1135.
value of use and occupancy, 1135.
verdict and judgment-basis of, 1135.
when ejectment is not the proper remedy, 1134.
writ of restitution upon judgment in ejectment, 1901.

Election between causes. See, also, Definiteness and certainty in pleading.

doctrine of election—when it has no application, 146.
election between remedies upon executed contract of sale and purchase,


Election between remedies and defenses. See, also, Defenses.

inconsistency between defenses, generally, 145.
motion to elect-not applicable to different consistent counts, 146.

when too late, 146.
remedy chosen-when not available, 146.
waiver of motion to elect, 147.

Election contests.

election contests, generally, 894.
contest under Idaho revised codes, 904.
parties to, and grounds of contest, 894.
pleading reception of illegal votes as cause of contest, 902.
proceeding for election contest unknown at common law, and is purely

statutory, 904.
statement or complaint of cause of contest, 898.
statement of cause--want of form will not vitiate, 903.

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