2065

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

Fraudulent transfers and assignments (continued).

general creditor's-rule as to, 1593.

exception to rule, 1594.

fraudulent intent-rule as to pleading, 1594.

intent to hinder, delay and defraud, 1594.

proceeding by creditor's bill when other proceedings are inadequate, 1594.

Gambling devices. See, also, Unlawfulness of contract, defense of.

defense in replevin-justification of the taking of outlawed and gambling
devices (form), 1646.

Gaming debt. See Unlawfulness of contract, defense of.

Garnishment. See Attachment and garnishment.

General demurrer. See Demurrer to complaint; Demurrer to answer; De-
murrer to reply.

General denial. See Answer; Issues; New matter.

Goods sold and delivered. See Debt, actions for.

Guaranty and suretyship.

guaranty and suretyship, generally, 1399.

complaint against guarantor of mortgage, to recover foreclosure defi-

ciency (form), 1402.

against guarantors of a promissory note (form), 1406.

against principal and sureties on contract for work (form), 1402.

against surety, for payment of rent (form), 1404.

by surety against principal, for indemnity (form), 1403.

by surety, for money paid on undertaking on appeal (form), 1399.

by surety, on lease, against principal (form), 1400.

on agreement to answer for price of goods sold to a third person
(form), 1401.

on guaranty of antecedent debt (form), 1401.

on original obligation of a promisor, to repay moneys advanced to
another upon the order of the promisor, the order itself being lost
(form), 1404.

defense that guarantor had no notice of non-payment of note until after
insolvency of maker (form), 1408.

defense that sureties signed notes without consideration, and at the
instance of the plaintiff only (form), 1409.

Guardians of minors and guardians ad litem. See also Adoption; Incapacity
to contract, defense of; Minor children, custody and support of.
action-for injury or death of minor child or ward, 191.

to recover for estate's benefit, money, goods, etc., concealed, embezzled,
etc., 1066.

upon guardian's bond, 1068.

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

Guardians of minors and guardians ad litem (continued).

allegation as to guardian, 440.

appearance by general guardian, 440.

application or petition where minor is competent to name guardian

(form), 422.

common law-rule as to minors, 432.

complaint against guardian of minor-or insane or incompetent person
(form), 424.

by guardian ad litem to allege appointment, 433.

by guardian ad litem against owner of vicious animal (form), 1535.
by guardian ad litem in foreclosure, and to set aside pretended release
and discharge of mortgage (form), 426.

by guardian ad litem to recover damages for personal injuries (form),
425.

by ward against guardian for waste (form), 425.

for negligent shooting-injuries caused by-action by next friend, 1537.
confession of issue by guardian, 440.

duty of general guardian to defend, 432.

formal parts of answer-by infant (form), 58.

by insane person (form), 58.

general denial not sufficient to raise issue of appointment, 433.

guardian ad litem-how appointed, 417.

appointment upon ex parte application, 432.

practice as to appointment most favored, 440.

appointment by filing petition the better practice, 432.

to represent minor, 432.

guardians to appear and defend for wards, 1064.

infant-to appear by guardian, 414.

suing by general guardian (form), 19.

suing by guardian ad litem (form), 19.

jurisdiction to appoint-how obtained, 432.

non-appointment of guardian-when mere irregularity, 433.

note executed by infant for necessaries, 433.

order appointing guardian ad litem for a minor (form), 423.

order permitting filing of complaint in intervention by guardian ad litem

(form), 423.

petition where minor may not name guardian (form), 422.

powers of guardian generally as to the estate of the ward, 1065.

receipt and release-by guardian ad litem (form), 431.

by parent of right of action, etc., for injuries to minor child (form), 431.

removal of guardian, 1069.

rights of minors, how enforced. 412,

Habeas corpus proceedings.

commitment without reasonable or probable cause, 1947.

extradition, 1948.

petition for writ (form), 1944.

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

Habeas corpus proceedings (continued).

order granting writ (form), 1945.

order denying writ and remanding prisoner (form), 1947.

for discharge of prisoner (form), 1947.

2067

directing trial court to give a petitioner in habeas corpus proceedings
time in which to pursue his remedy by appeal from judgment,
1947.

plea of once in jeopardy, 1948.

return to writ of habeas corpus or certiorari other than official (form),

1946.

writ of habeas corpus (form), 1945.

writ-when denied, 1948.

when granted, 1948.

Habitual intemperance. See Divorce (causes for).

Heirship and interest in estates, actions to determine.

contests by heirs, 1047.

California statute construed, 1063.

complaint to determine heirship and interest in an estate (form), 1062.
jurisdiction of courts to determine heirship interest in estates, etc., 1063.
proceedings generally to determine heirship, ownership, and interest in

estates, 1048.

Hiring of personal property. See Personal property, hiring of.

Homestead. See, also, Homesteads, appraisal of.

foreclosure-intervention by wife to set up homestead right, 729.
wife necessary party in action to foreclose upon homestead, 246.

Homesteads, appraisal of.

appraisers-appointment of, 1165.

compensation of, 1174.

oath of, 1166.

report of, 1168.

bids to exceed exemption, 1171.

costs-provisions as to, 1175.

decree in action for foreclosure of mortgage, and providing for home-
stead exemption fund (form), 1177.

determining value and divisibility, 1167.

filing petition, 1164.

husband and wife must be joined in homestead action, 1179.

injunction-when lies against forced sale, 1179.

money equal to homestead exemption protected after sale, 1173.
notice of hearing and service thereof, 1164.

order directing sale-when made, 1170.

petition to appraise, 1163.

petition to appraise homestead after levy of execution (form), 1175.

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

Homesteads, appraisal of (continued).

procedure on filing of petition (under California statutes), 1179.
proceedings on execution against homestead, 1157.

proceeds of sale-application of, 1172.

setting apart homestead exemption, 1168.

Hotelkeepers. See Innkeepers.

Husband and wife as parties. See, also, Debt, actions for, 246.

Idiocy. See Incompetents.

Illegality of contract. See, also, Unlawfulness of contract; Statute of frauds.
defense of illegality of contract, 333.

gambling or lottery scheme, 333.

Implied contracts.

another.

See Debt, actions for; Money paid for the benefit of

assumption of obligation by acceptance of benefits, 302.
implied contract defined, 318.

Impotency. See Annulment of marriage (causes for).

Imprisonment. See False imprisonment.

Incapacity to contract, defense of.

acceptance-absolute and qualified, 301.

consent-apparent, when not free, 298.

mutuality of, 299.

ratification of contract, void for want of, 302.

revocation of proposal, 301.

when voidable, 298.

defense-based upon incapacity of parties to contract, 295.

not available under general denial, 333.

of incapacity to contract-minority (form), 296.

defendant an Indian (form), 297.

unsoundness of mind (form), 296.

elements, essential, of contract, 295.

essentials of consent, 298.

incapacity to contract, generally, 333.

minors and insane persons, capacity of, 296.

waiver by failure to plead, 333.

Incapacity to sue. See, also, Demurrer to complaint; Incapacity to contract,

defense of.

as to curability of, 273.

defense that discharge and restoration to capacity were unauthorized and
void (form), 438.

proof as to capacity of foreign corporation to sue, 273.

substance of petition sufficiently showing capacity to sue, 440.

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

Incompetents. See, also, Insane persons, actions by and against their
guardians; Insanity, proceedings in; Incapacity to sue.

action by incompetent person, through his guardian, to recover trust
moneys held by an administrator to his use (form), 434.

allegation of incompetency (form), 1024.

Indebitatus assumpsit. See Assumpsit; Debt, actions for.

Indemnity bonds. See Bonds and undertakings.

Infants, actions by and against. See Guardians, actions by and against.

Infants, answers by, formal parts. See Answer.

Infants, offenses by. See Juvenile courts.

Information and belief, pleading on. See, also, Pleading in general; Com-
plaint (or petition); Answer.

allegations on information and belief-when not permitted.

contempt proceedings-affidavit upon information and belief, 1866.

Inheritance, injuries to. See Covenants, title, and possession of real
property.

Injunction. See, also, Nuisance.

complaint to enjoin obstruction maintained by railroad corporation along
public highway (form), 1661.

for injunction against waste (form), 1659.

for injunction pendente lite to restrain continuance of trespass (form),
1666.

discretion of court-granting temporary injunction pendente lite, 1671.
California rule as to, in granting or continuing injunction, 1671.

is legal one, 1671.

dissolving injunction upon appeal, 1672.

dissolving temporary injunction-rule, 1671.

ejectment, when the proper remedy, and not injunction, 1670.

exception to the rule as to dissolving writ where matters are denied in

answer, 1671.

injunction-generally, 1651.

nature of remedy of, 1670.

to prevent breach of an obligation, 1652.

to prevent trespass by interference with right, 1238.

will not lie to enjoin collection of tax for mere informalities, 692.
Judgment for defendant dissolving temporary injunction, etc., in action
to restrain church society from converting church property, mis-
directing its use, etc. (form), 1668.

mandatory injunctions not favored, 1671.

motion to dissolve, 1671.

decision on merits not permitted, 1672.

Jury's Pl.-131.