[References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Eminent domain. eminent domain, generally, 961. acquisition of property by exercise of eminent domain, 961. allegation in action to decree road a public highway, 974. answer not raising issue as to necessity, 974. complaint in exercise of the right of eminent domain-parties, 962. Employers' liability cases and actions against employees. actions generally upon employers' liability, and by and against employees, burden of proof as to assumed risk, 1460. complaint in action for negligence held sufficient, 1459. complaint-by employee against railroad company, for damages resulting by servant, to recover damages for personal injuries sustained from under employers' liability act (form), 1451. by employer, for servant's negligence (form), 1454. by employer, for repayment of money advanced for services (form), defense-assumption of risk, 1460. assumption of risk and contributory negligence-separate defenses, failure of plaintiff to give notice prescribed by statute as condition contributory negligence (form), 1457. contributory negligence and assumed risk (form), 1456. negligence of fellow-servant of plaintiff (form), 1457. denial, contributory negligence and assumed risk (form), 1456. instruction based upon an assumed risk, 1460. insufficient showing of negligence, 1459. liability of servant to master for acts of servant's minor children, 1460. negligence of fellow-servant, 1460. notice as condition precedent-Kansas statute, 1458. risk-when deemed assumed, 1460. Encumbrances, breach of covenant against. See Covenants, title, and pos- session of real property. [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Enticing away. See Abduction. Entry. See Forcible entry and unlawful detainer. Entry of judgment. See, also, Judgments. entry of judgment as distinguished from the judgment, 1883. irregular entry of decree, 1883. Iowa statutes relating to entry of judgment, 1883. Equitable defenses. See Defenses, generally. Equity. See Relief in general; and titles of particular equitable actions, so Errors in pleading. See Amendments; Mistakes in pleading. Escheated estates. escheated estates, in general, 975. information as to escheated estate, 975. information to declare an escheat to the state, 984. defense-answer to information respecting an alleged escheated estate- petition to declare escheat (form), 984. Estates, escheat of. See Escheated estates. Estates of deceased persons. See Executors and administrators, actions by Estates, interest in. See Heirship and interest in estates, actions to deter- Estoppel, defense of. defense of estoppel, in general, 269. defense of estoppel (form), 248. in relation to attachment proceedings, 1700. in replevin, to deny taking, 1650. by former judgment, 271. against defenses in the answer-rule where no reply is allowed, 270. estoppel proceeds on the ground of fraud, 270. evidence of facts constituting estoppel-when not admissible, 270. facts showing estoppel, in issue, 270. former action by an infant, 271. laches as estoppel, 276. modifications of the rule as to estoppel, 270. party invoking defense must act in good faith, 270. statements, etc., in prior pleadings, 270. Eviction. See Covenants, title and possession of real property. [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Exceptions. See, also, Trials. exceptions, generally, 1864. matters of record properly have no place in a bill of exceptions, 1864. notice of presentation of bill of exceptions for settlement (form), 1905. Exchange, bills of. See Negotiable instruments. Executions. See, also, Sheriff's and constables; Writs. executions-generally, 1886. against real or personal property in the hands of an executor, etc. in replevin (form), 1637. sheriff's return of, unsatisfied-property claimed by third person (form), upon writ of restitution (form), 1895. writ of execution-corporation as judgment debtor (form), 1889. after remittitur filed (form), 1896. on certified abstract of judgment of justice's court (form), 1892. on judgment (form), 1888. writ of assistance (form), 1897. Execution, proceeding supplementary to. elements of petition for an order requiring a debtor of a judgment debtor Executors and administrators, actions by and against. See, also, Probate actions by and against executors or administrators-generally, 1029. on note payable to bearer, 1030. to obtain compensation for attorney's services, 1031. to recover on accounts collected by an administratrix for the benefit upon bond of executor or former administrator of same estate, 1011. against estate of parent for support of a minor child, 532. for waste, trespass, conversion, etc., 1010. for waste, trespass, or conversion, committed by decedent, 1010. respecting estates of missing persons, 1018. to recover damages for neglect or misconduct of representative- to recover penalty as liquidated damages for fraudulent sale by repre- to recover property fraudulently disposed of by decedent, 1012. [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Executors and administrators, actions by and against (continued). administrator not a parcener within meaning of statutes relating to averments-as to decease, appointment of special administrators, etc. as to ownership in decedent (form), 1794. as to possession by special administrators, and their succession by citation to executor and surviving widow to show cause why family claims-complaint to allege presentation of claim, 1030. "claimant" and "affiant," 1030. complaint against executor, or administrator, on cause of action existing by administrator to establish trust, and for cancelation of certificate by administratrix against the executor and devisee of another estate, by executor, or administrator, for conversion (form), 1598. by executor, or administrator, on cause of action existing in favor of by executor, or administrator, suing as such (form), 16. by vendor against executor of purchaser (form), 1021. for embezzlement or concealment of property belonging to estate of to obtain judgment decreeing an estate to be owner of certain personal judgment in action against executors for conversion by testator, and negligence in management of estate, 1032. orders-restraining order to executor, and order to show cause (form), revoking letters testamentary (form), 1835. suspending power of executor, 1834. executor, administrator, trustee of express trust, etc., 185. executors may sue for a conversion, 1030. joining administrator in action upon joint obligation, 1031. suits by representative in a foreign jurisdiction, 1030. petition for revocation of letters of administration-counter petition, 1040. [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Ex rel. actions. See State, actions by or against, etc. Exhibits. as part of pleading, 35. reference to in other counts, 35. rule as to, in Arkansas, 36. under the Missouri practice, 35. under Missouri practice exhibit not part of pleading for purposes of demurrer, 62. Extradition. See Habeas corpus. Extreme cruelty. See Divorce (causes for). Facts, pleading of. See Pleading in general. False imprisonment. averment of malice, etc., unnecessary, 349. in action in which special damages are averred (form), 338. in action to recover damages for false imprisonment of wife where defenses-actions for false imprisonment, 340. denial of arrest (form), 340. justification of arrest upon suspicion of felony (form), 341. justification of arrest by officer under writ (form), 341. want of probable cause and denial of termination in favor of plaintiff judgment (form), 348. rule in malicious prosecution not applicable to false imprisonment, 349. Federal court, removal of cause to. See Removal of cause from state to Fellow-servant, negligence of, as defense. See Negligence of fellow-servant, Fictitious parties. fictitious parties generally, 232, 235. averment as to unknown defendants (form), 234. averment as to fictitious parties (form), 1797. directing amendment by inserting true name, 236. review on appeal, 236. substitution of true name should precede judgment, 235 |