[References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Findings of fact and conclusions of law. See, also, Judgment. additional findings-action to quiet title, for value of rents and profits, finding as to truth of allegations generally, 1883. findings as to averments not denied, 1882. findings of fact (form), 1871. conclusions of law (form), 1872, 1874. findings of fact and conclusions of law (form), 1871. general rule as to findings on separate counts, 1883. remedy where findings are imperfect-motion in arrest of judgment, 1883. Fire insurance. See Insurance. Forcible and unlawful entry and detainer. basis of action-defenses, 915. complaint-for forcible entry (form), 917. for forcible or unlawful entry or detainer, 912. for forcible entry and forcible detainer (form), 918. for unlawful detainer after expiration of term (form), 918. damages for failure to quit after notice, 1738. damages, measure of, for wilfully holding over, 1732. defense based upon agreement to execute new lease-unlawful detainer denial of forcible entry, damages, etc. (form), 919. Foreclosure of mechanics' liens. amending complaint changing to action on contract, 952. attorney's fees not included in lien, 953. averment as to verification of claim, 952. complaint-default of payment should be averred, 951. held sufficient after answer, 952. against owners for foreclosure of original and assigned liens of me- by materialman upon contract with owner (form), 940. to enjoin claimants from asserting or claiming, except in one action, defense in action to foreclose lien for reclamation, 952. defense asserting superior lien of mortgage not yet due (form), 946. judgment for owner in mechanics' lien causes, and for materialmen against contractor (form), 947. judgment for materialmen and laborers in consolidated causes (form), 948. liens upon mining claims, 953. persons entitled to liens-contracts, 922. persons supplying power, implements, etc., entitled to lien, 936. time of continuance of lien, 937. [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Foreclosure of mortgages on real property. foreclosure of mortgages on real property generally, 694. affirmative defenses in action to foreclose, 729. affidavit of publication (form), 725. affidavit of posting notice of commissioner's sale (form), 725. allegation of insurance by plaintiff (form), 706. amended and supplemental complaint by substituted plaintiff (form), 712. grantee assuming payment (form), 707. averments sufficient to entitle to decree, 730. bond of commissioner appointed to sell (form), 720. commissioner's certificate of sale on foreclosure (form), 721. commissioner's account of sales (form), 726. complaint for foreclosure (form), 705. to foreclose liens of mortgage against a religious corporation for by guardian ad litem in foreclosure and to set aside pretended release contesting validity of mortgage, 730. cross-petition and counterclaim thereto in foreclosure, 729. cross-petition setting up superior and paramount lien (form), 711. copy of mortgage attached as exhibit, 729. debt payable in instalments-proceedings, 702. decree of foreclosure and sale (form), 717. deed absolute as mortgage-when so regarded, 730. action to adjudge-complaint held sufficient, 730. defense to action to foreclose, 735. defense of non-joinder of assignee of mortgagor (form), 717. denial of assignment (form), 717. denial of recordation of mortgage (form), 717. elements of a complaint on a promissory note or other instrument secured intervention by wife in foreclosure to set up homestead right, 729. joinder of actions-reformation and foreclosure, 729. judgment against insane person entered in foreclosure, 440. lost or destroyed mortgage-general denial, 730. mortgage barred when debt is barred, 730. notice of object of action (form), 728. oath of commissioner appointed to sell mortgaged property (form), 721. recapitulation of commissioners' account in foreclosure (form), 727. receipt of moneys realized on foreclosure sale (form), 726. summons upon cross-petition in foreclosure not necessary-Kansas stat- ute, 728. verified report and account of sale (form), 722. [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Foreclosure of mortgages on real property (continued). wife, when necessary party in action to foreclose, 246. writ in foreclosure, 1901. writ of execution for deficiency (form), 1893. Foreign corporations and their stockholders, actions against. generally, 616. capacity of foreign corporation to sue, when admitted, 271. complaint against foreign corporation-on an account stated for debt (form), 1281. to rescind a contract for breach of warranty of quality, and to recover based upon liability of stockholders of foreign corporations (form), 616, corporation when suing not required to allege compliance, 271. defense of statutory exemption from individual liability (form), 618. foreign corporations to file certified copy of articles, 249. judgment, or decree, in action by foreign corporation, 598. liability of stockholders, generally, 619. matters not considered under general demurrer, compliance by foreign corporation with state laws, 65. penalty for failure to file certified copy of articles, 261. record as to foreign corporation-what it must show, 272. statutes as to non-compliance construed, 271. venue of actions against foreign corporations, 1821. waiver by defendant, 272. Foreign judgment, defense of invalidity of. See Judgments, actions upon. Foreign laws. death by wrongful act, action for, in foreign state, 1504. defense that contract was void under the laws of a foreign state where defense based upon foreign law, 334. mistake of foreign laws, 304. Forfeitures. See Penalties and forfeitures. Formal facts, pleading of. 163. Former judgment, defense of. defense of former judgment (form), 248. in action for debt (form), 1285. action for restoration of lands and for value of rents and profits, 1087. [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Former judgment, defense of (continued). dismissed attachment suit not a bar to replevin, 1650. divorce-former judgment as defense and counterclaim, 499. judgment of dismissal-when bar to another action, 271. petition failing to show prosecution to final judgment, 271. in divorce (form), 485. in trover or detinue, 1605. res adjudicata, defense of, 271. Franchise, usurpation of. See Quo warranto. Fraud and deceit. See, also, Fraudulent transfers and assignments; Re- action for deceit-when maintainable-cause of action stated, 1581. actual fraud defined, 300. bill in equity-fraud in general terms, 1582. common-law count for money had and received not sufficient averment complaint against vendor, for deceit connected with the sale of land for cancelation of void contract on grounds of fraud and deceit (form), for fraud in obtaining goods on credit (form), 1568. for fraudulently inducing subscription to stock where device of a for fraudulently procuring credit for another (form), 1569. for fraudulently representing goods sold to be the property of the to recover property obtained by fraud and collusion, and to adjudge to rescind contract of exchange for fraud (form), 1573. to rescind contract for purchase of stock induced by fraud (form), 1570. consent-when deemed to have been obtained by fraud, etc., 298. constructive fraud defined, 300. constructive fraud-manner of pleading, 1582. contracts not reduced to writing through fraud—when enforceable against party practising fraud, 318. creditors' suit, by one suing on behalf of himself and others (form), 1584. deceit liability of deceiver, 1566. defendant's knowledge of the falsity must be averred, 1582. defense as to value-when not permitted, 1583. of false representations and no consideration (form), 306. of false representations as to commission of a supposed felony (form), [References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.] Fraud and deceit (continued). defense of misrepresentation and concealment in obtaining insurance of fraud and failure of consideration, 331. that contract does not conform to oral agreement, 1583. that writing declared upon in complaint departed from oral agreement denial of fraud (form), 1577. election between remedies in cases of fraud, 1583. essential allegations, 1581. fraud-actual or constructive, 299. general charge of insufficient, 1582. issue of essential in civil arrest proceedings, 1622. when not necessary to allege in action by beneficiary against trustee, jurisdiction acquired by court of law, 1582. order to show cause and preliminary injunction-action to rescind con- possession of escrow deed fraudulently obtained, 332. specific pleading of fraud, 332, 1582. waiver as to averring specific facts, 1582. words "fraud," "unlawful," "wilful," etc.-import of, in pleading, 1582. Fraudulent transfers and assignments. assignment antedating judgment, 1594. averment in defense that defendant has assets (form), 1590. complaint against debtor, to reach demands due him from third parties, against judgment debtor, to set aside fraudulent judgment and sale against judgment debtor and his assignee, to set aside fictitious assign- to set aside fraudulent conveyance of real estate made by judgment creditor's suit to reach assets of a street railway company, 1594. decree confirming deed in action to set aside the same as an alleged decree following order sustaining demurrer to complaint and refusal to defense that deed was made for a valuable consideration (form), 1591. denying return of execution (form), 1590. denying possession of property belonging to the debtor (form), 1590. |