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

Master and apprentice (continued).

infant when allowed to choose for himself, 555.

jurisdiction of courts to bind minors as apprentices, 555.

liability of master for breach of his covenant, 547.

liability of, and proceedings against, apprentices guilty of misbehavior, 549.
mandamus to enforce right of father, 555.

master and apprentice, generally, 547.

right of infant to recover wages, 555.

statutes as to consent to be strictly complied with, 555.

words expressing consent in contract, 555.

Master and servant. See Employers' liability cases, and actions against em-
ployees; Work and services.

Material allegations. See, also, Pleading, in general; Complaints [or peti-
tions]; Definiteness and certainty in pleading.

allegations deemed admitted-allegations deemed controverted, 111.
material allegation defined, 110, 129.

Mechanics' liens. See Foreclosure of mechanics' liens.

Menace, defense of. See Defenses in general.

menace defined, 299.

Mining claims, actions relating to.

actions respecting mining claims-customs, usages, etc., 806.

complaint based upon an agreement to engage in the business of mining
(form), 809.

for accounting upon a contract for the sale of mining claims, to declare
certain interests therein held in trust for the plaintiff, and for
damages (form), 807.

for negligently flooding mining claim (form), 806.

notice of location annexed to complaint in action to quiet title, 793.

Minor children, custody and support of. See, also, Adoption; Guardians of
minors and guardians ad litem; Incapacity to contract, defense of.
action-against estate of parent for support of child, 532.

by third person to recover for necessaries furnished a child, 534.

for abuse of parental authority, 531.

for exclusive control of children-decree, 530.

custody and support-of minor children, generally, 520.

of legitimate children, 529.

of illegitimate children, 530.

of children where husband and wife live separately, 535.
decree in proceeding for maintenance (form), 536.

liability of parent as affected by abandonment by the child, 535.
orders respecting custody, support, etc., of minor children, 520.
orders for support of wife and children-orders modifiable, 524.
Jury's Pl.-132.

[References are to pages. Vol. I, pages 1-1238; Vol. Il

Minor children, custody and support of (continued).

reciprocal duties of parents and children in maintaining each other, 532.
security for maintenance, etc.-remedies to enforce payment, 527.

support of wife's children by former marriage, 535.

Minors, delinquencies of. See Juvenile courts.

Minors, suits by. See Guardians.

Minority. See Incapacity to contract, defense of; Minor children, custečv
and support of.

Misjoinder of causes. See Demurrer to complaint; Joinder or uniting

causes.

Misjoinder of parties. See Joinder and misjoinder of parties; Demurrer to.
complaint or petition.

Missing persons, actions respecting estates of, 1018.

Mistake. See, also, Money had and received; Motions; Rescission.

answer in case of misnomer (form), 57.

mistake, kinds of, 303.

mistake of fact defined, 303.

mistake of law defined, 303.

Mistakes in pleading.

errors, defects, etc.-when disregarded, 121.

mistake, neglect, surprise, etc., judgments, orders, etc., taken by-remedies
provided, 115.

Money had and received.

action for money had-when it will not lie against a public officer, 682.
allegation that moneys were received "to or for the use of plaintiff” essen-

tial, 1292.

approved and usual form for the count of money had and received, 1292.
complaint-for money had and received (form), 1289.

on assigned claim for money had and received, etc.-statement of
cause in separate counts (form), 1289.

for recovery back of a wager (form), 1290.

to recover specific moneys lost by a servant in gambling (form), 1290.

defense of accounting and payment (form), 1292.

denial of receipt of moneys (form), 1292.

money had and received and involuntary trusts, generally, 1288.

moneys held by an agent, 1293.

moneys paid by mistake, 1293.

privity of contract not necessary, 1292.

promise-when not necessary to allege, 1293.

when action for money had will lie, 1292.

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

Money lent.

complaint for money lent (form), 1294.

by assignee of lender against borrower (form), 1294.

defense that money was paid in settlement of an antecedent debt (form),

1295.

denial of loan (form), 1295.

Money paid for the benefit of another.

complaint-by bank, to recover attorney's fees and expenses incurred
against a party who fraudulently obtained a draft (form), 1297.

by endorser who has paid part of note (form), 1298.

by landlord against tenant, for repayment of tax (form), 1298.

by maker of accommodation note who has paid the same (form), 1299.
for money paid to third person upon defendant's promise to repay
(form), 1296.

for repayment of money after judgment reversed (form), 1299.

to recover money overpaid by mistake (form), 1296.

money paid for the benefit of another, and on implied contracts, generally,
1296.

Monopolies and conspiracies. See Boycotts; Unlawful monopolies and con-
spiracies.

Mortgages. See Foreclosure.

Mortgages, redemption of. See Redemption of mortgages.

Motions.

arrest of judgment-when defendant may invoke motion, 1884.

change of place of trial, motion for, 1814.

defects reached by motion, 66.

leave to renew motion, 1835.

modification of decrees in divorce by motion, 499.

motion granted on one of many grounds, 1836.

motions and orders in attachment and garnishment, 1696.

motions, generally-definition, "motion" not a pleading, 1835.

motion distinguished from notice, 1835.

order to show cause as motion, 1835.

petition as motion, 1835.

motion to make more definite and certain-Minnesota statute, 144.
to set aside service and dismiss action, 235.

for judgment on the pleadings-motion not substitute for demurrer,
1885.

to vacate a judgment, charging the fact of death, 1885.

to vacate judgment for error of fact-Missouri practice, 1884.

remedy to set aside judgment procured by fraud, 1835.

for judgment non obstante veredicto, 1884.

for directed verdict, 1883.

for nonsuit-law of the place governs on motion, 1870.

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

Motions (continued).

motions-extent of waiver of motion for nonsuit, 1870.

nonsuit-waiver of motion for-Washington practice, 1869.
motion for nonsuit equivalent of demurrer to evidence, 1869.
motion for nonsuit in negligence cases, 1493.

objections on motion stated in the conjunctive, 1864.

oral motion to elect between causes after trial begun, 146.

when defendant waives error in the denying of his motion, 1870.

motion to dismiss action (form), 889.

motion to vacate and set aside stipulation inadvertently entered into
under a mistake of fact and for misrepresentations as to its effect
(form), 123.

motion to strike pleadings from the files for failure to verify or for
defective verification (form), 161.

motion for warrant of arrest in proceedings for contempt for neglect-
ing and refusing to obey a judgment (form), 1861.

Municipal corporations, actions by and against. See, also, Counties and
county officers, actions by and against; Cities as municipalities,
city boards and city officers, actions by and against.

action against municipality to recover for special services, 649.
action upon claims, 649.

averment as to municipal corporation defendant (form), 228.
boards, commissions, etc.-capacity to sue and to be sued, 649.

complaint-action to determine boundary line between counties (form),
633.

complaint against municipal corporation to quiet title (form), 770.
county may maintain action to enjoin obstruction to highway, 747.
defense of adverse possession and occupation by municipal corporation—
action to quiet title (form), 644.

judgment establishing boundary lines between contiguous counties (form),

648.

municipality can not set up ultra vires for its tort, 274.

ratification by municipal corporation of unauthorized agent's acts, 1335.
splitting demands against municipal corporation-principle as to actions
generally, 668.

Necessaries. See Maintenance of wife; Guardians, etc.

Negligence—actions and defenses, generally. See, also, Cities as municipali-
ties, city boards and officers, actions by and against; Contributory
negligence, defense of; Death by wrongful act; Municipal corpora-
tions, actions by and against; Negligence of carriers of property or
messages; Negligence of carriers-injuries to passengers not re-
sulting in death; Negligence of carriers-actions by persons other
than passengers; Negligence of various persons owing contractual
duty; Negligence-miscellaneous actions.

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

Negligence-actions and defenses, generally (continued).
allegation of negligence in general terms, 144, 1542.

alleging effects of negligence, generally pleaded, 31.
general and particular allegations of negligence, 145.
miscellaneous cases of negligence, 1540.

Negligence of carriers-actions by persons other than passengers. See, also,
references under Negligence-actions and defenses generally.

actions by persons other than passengers, generally, 1506, 1528.

averment of petition for injuries to stock caused by neglect of railroad
company to fence its road, as required by general statute (form),
1525.

complaint for damages for negligence of steam railroad company at
crossing (form), 1522.

for damages for negligence of street railway company at street-cross-
ing (form), 1521.

for damages, against railroad company, for wanton killing of stock
(form), 1525.

for damages, by pedestrian, for personal injuries caused by negligence
of railroad company (form), 1524.

for negligent collision with carriage, or automobile (form), 1539.
defense-alleging plaintiff's own negligence (form), 1539.

based upon duty of plaintiff to make, or maintain, cattle-fences (form),
1526.

based upon trespass by animals-action for injuries to stock alleged to
have been killed while on defendant's track (form), 1527.

denial of defendant's ownership of thing causing injury (form), 1539.
denial of plaintiff's ownership of thing injured or destroyed (form), 1540.
duties and obligations of common carriers, 1528.

liability for killing stock, etc., 1509.

regulations to prevent accidents, 1507.

rule as to right over street railway crossings, 1528.

when plaintiff may recover notwithstanding his own negligence, 1528.

Negligence of carriers-actions for injuries to passengers not resulting in
death. See, also, references under Negligence-actions and de-
fenses, generally.

actions for injuries to passengers not resulting in death, generally, 1480.
action for wrongful expulsion-what action will be, 1493.

action ex delicto-pleading contract as matter of inducement, 1492.

alleging cause of derailment of car not required, 1493.

averment as to payment or tender of fare, 1493.

complaint-charging gross negligence, 1493.

against street railway corporation for damages for personal injuries
sustained by passenger through negligent and careless starting of
car (form), 1484.