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(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.
complaint for condemnation of land for a public use (form), 972.
demand for jury to ascertain damages-Colorado statute, 974.
private property taken for private use-Colorado statute, 974,
right of eminent domain under the Washington constitution, 974.

Employees. See Employers' liability cases and actions against employees;

Work and services.

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

from injuries sustained in operation of defective machinery (form),

by servant, to recover damages for personal injuries sustained from

negligence of employer in requiring performance of labor with

which the servant was not familiar (form), 1450.
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

precedent to action (form), 1455.
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-

judgment, 982.
petition to declare escheat (form), 984.

Estates, escheat of. See Escheated estates.

Estates of deceased persons. See Executors and administrators, actions by

and against.

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.
equitable estoppel and estoppel in pais, 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.
order allowing additional time in which to prepare and serve bill of

exceptions on granting nonsuit (form), 1867.
notice of presentation of bill of exceptions for settlement (form), 1905.
repetition of exceptions upon the trial, 1864.

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.

(form), 1894.
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

to appear and answer, 1898.

Executors and administrators, actions by and against. See, also, Probate

actions by and against executors or administrators-generally, 1029.

for services against administrator of deceased executor, 1031.
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

of another-complaint held sufficient, 1031.
upon bond of executor or former administrator of same estate, 1011.
actions by and against representatives-generally, 1008.

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

recovery upon bond, etc., 1004.
to recover penalty as liquidated damages for fraudulent sale by repro

sentative, 1005.
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).
action-upon any special promise of representative to pay debts out of

his own estate, 1013.
administrator not a parcener within meaning of statutes relating to

partition, 822.
averments-as to decease, appointment of special administrators, etc.

(form), 1794.
as to ownership in decedent (form), 1794.
as to possession by special administrators, and their succession by

executors (form), 1795.
citation to executor and surviving widow to show cause why family

allowance should not be reduced (form), 1808.
claims—complaint to allege presentation of claim, 1030.

“claimant" and "affiant,” 1030.
complaint-against executor, or administrator, on cause of action existing

against testator, or intestate (form), 16.
by administrator to establish trust, and for cancelation of certificate

of stock (form), 1025.
by administratrix against the executor and devisee of another estate,

which defendant estate is alleged to have been acquired by fraud
practised against the decedent of the plaintiff's estate (form),

by executor, or administrator, for conversion (form), 1598.
by executor, or administrator, on cause of action existing in favor of

testator, or intestate (form), 17.
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

decedent (form), 1019.
to obtain judgment décreeing an estate to be owner of certain personal

property and for temporary injunction, 1021.
judgment in action against executors for conversion by testator, and

allowing therefor as a claim against the estate, 1028.
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.
parties—wife sued as executrix, 1030.

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, 1041).
petition for substitution by executor or administrator of deceased plaintir

(form), 215.

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

Executors and administrators, actions by and against (continued).

possession of representative of estate for purposes of action, 1006.
quiet title, averment of possession in deceased, effect of, 1031.
waiver of tort by executor-suit on contract, 1030.

Ex rel. actions. See State, actions by or against, etc.


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.
complaint-common form (form), 338.

in action in which special damages are averred (form), 338.
in action to recover damages for false imprisonment of wife where

husband is joined (form), 339.
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

(form), 340.
judgment (form), 348.
rule in malicious prosecution not applicable to false imprisonment, 349.
unlawfulness of arrest is defensive matter, 349.

See Removal of cause from state to

Federal court, removal of cause to.

federal court.

Fellow-servant, negligence of, as defense. See Negligence of fellow-servant,

as defense.

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

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