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(References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1569.)

Negotiable instruments (continued).
denial-of presentment (form), 1394.

of notice (form), 1394.

denying excuse for non-presentment (form), 1394.
holder may sue in his own name, 1396.
holding imports promise to pay-averment as to execution, 1397.
holders other than those "in due course,” 1397.
infant, note executed by, for necessaries, 433.
issue as to security given-how defense is raised under the statute, 1398.
note falling due upon happening of contingency, 1397.
payment as defense-under general denial, 1398.
place of execution of note, 1397.

when necessary to plead, 1397.
promise to pay, from what implied, 1397.
promise of third party to pay upon a contingency, 1397.

New issues. See Issues; New matter.

New matter. See, also, Answer to complaint; General denial; Issues; Reply.

averment of ownership in defendant not new matter, 794.
new matter in the answer, 73.
new matter not affecting thing in controversy, 73.
pleader can not dispute new matter pleaded, 73.

New trials.

admission of service of notice of intention (form), 1905.
appeal-grounds of motion on review, 1933.
conditional order granting new trial-minute entry (form), 1906.
court order denying motion for new trial (form), 1906.
effect of motion for new trial granted, 1933.
grounds of motion-specifying of, 1933.

perjury as ground for new trial-Nebraska statute, 1933.
reference to papers on file as to grounds, 1933.

sufficient statement of grounds, 1933.
minute order denying motion for new trial (form), 1905.
minute entry permitting amendment to notice of intention to move for neve

trial, and denying motion for new trial upon amended notice

(form), 1906.
motion heard at subsequent term of court, 1933.
notice of intention to move for a new trial-specifying grounds (form),

notice of order dismissing motion for new trial (form), 1907.
order dismissing motion for new trial for failure to prosecute (form), 1907.

Next-friend actions. See Guardian of minors, etc.

No consideration as defense. See Consideration, absence of as defense.

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

Non-joinder. See Joinder, misjoinder, and non-joinder of parties; Joinder or

uniting of causes.

Nonsuit. See, also, Motions.

demurrer to evidence as equivalent of motion, 1869.
judgment-of dismissal as nonsuit, 1869.

of nonsuit (form), 1868.

of nonsuit in action to quiet title (form), 786.
nonsuit and dismissal, generally, 1867.
order granting motions for nonsuit, and allowing additional time in which

to prepare and serve bill of exceptions (form), 1867.
waiver of motion for nonsuit-Washington practice, 1869.

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

Notes. See Negotiable instruments.

Notice as condition precedent to certain actions.

in actions against cities or city officers (form), 652.
defense based upon failure to give notice, in employer's liability case,

notice as condition precedent-Kansas statute, 1458.


generally, 1826, 1829.
admission of service of notice, 1831.
notice-filing amended pleading (form), 101.

of motion for leave to amend complaint, or answer (form), 101.
of motion to amend complaint by adding a new party defendant (form),

of motion to amend complaint by striking out and making new parties

(form), 224.
requiring security for costs (form), 1886.
of motion to make pleading more definite and certain (form), 142.
of application for restoration of destroyed records, etc. (form), 625.
of decision (form), 1829.
of decision in favor of defendants and cross-complainants (form), 1830.
of motion to dismiss action (form), 1831.
to dismiss action for failure to prosecute (form), 888.
of motion to compel plaintiff to elect between several counts of com.

plaint (form), 143.
of overruling demurrer and order granting time to answer (form), 1831.
of motion by executor (or administrator) for leave to continue action,

and to file supplemental complaint (form), 216.
of motion for judgment on the pleadings (form), 1877.
of motion for judgment upon frivolous pleading (form), 140.
of intention to move for new trial (form), 1904.

(References are to pages

Vol. I, pages 1-1238; Vol. II, pages 1239-1969.]

Notices (continued).
notice of motion for leave to file supplemental complaint, or answer

(form), 134.
of pendency in actions relating to real property, generally, 1074.
of motion to reopen cause and for leave to file amendment to com-

plaint (or answer) to conform to proof (form), 102.
of motion to reopen cause and for leave to file amendment to complaint

(or answer), and for leave to offer evidence in support of the pro-

posed amendment (form), 102.
of motion to strike out irrelevant portions of complaint (form), 139.
of motion to strike out irrelevant, redundant, or scandalous matter

(form), 139.
of motion to strike out sham answer or defense (form), 140.
of motion to substitute officer's successor as party (form), 217.
of motion for leave to substitute true name for fictitious name in plead-

ing (form), 234.
of motion to vacate judgment and grant a new trial, under $ 473 Cal.

C. C. P. (form), 122. -
of time of trial-with waiver by plaintiff of trial by jury (form), 1830.

to produce documents for use on the trial (form), 1830.
notice, preliminary injunction, etc., in actions relating to water-rights and

riparian owners, 1214.

Novation, defense of.

generally, 331.
novation-defense of, 291.

defined, 291.
modes of, 291.
subject to the rules of contract, 292.


generally, 735.
abatement-as affecting action for damages, 740.

by action of public body or officer, 742.
of private nuisance by act of party injured, 743.
of public nuisance, 741.

of public nuisance by act of party specially injured, 742.
action by county to enjoin nuisance, 649.
allegation of right by prior appropriation in action to abate (form), 745.
complaint-sufficient to support recovery for nuisance, 747.

to abate public nuisance must allege special damage, 747.
for obstructing free flow of water (form), 745.
to abate a nuisance--slaughter-house (form), 744.
for obstructing a private way (form), 744.

for diverting water from a quartz-mill (form), 745.
defective complaint against municipality, 747.

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

Nuisance (continued).

denial of nuisance (form), 746.
denial of plaintiff's title (form), 746.
lapse of time as affecting nuisance, 740.
nuisance defined, 737.
nuisance maintained by successive owners, 740.
parties who may be enjoined, 747.
prescriptive right to maintain nuisance not acquired, 748.
private and public nuisances-actions to abate, 736.
private nuisance defined, 739.
private nuisance resulting from mere omission, 743.
public nuisance defined, 738.
relator not necessary party, 747.
remedies against private nuisance, 742.
remedies against public nuisance, 740.
remedy by indictment, etc., 741.
things done or maintained under authority of statute, 739.

Offer to perform. See Performance and offer to perform, as defenses.

Office, usurpation of. See Quo warranto.

Oral contracts. See Statute of frauds, defenses based upon.

Order, pleading. See Judgment, pleading of.

Orders. See, also, Attachment and garnishment; Injunction,

generally, 1852.
amending record by nunc pro tunc order, 1836.
ex parte order for payment of alimony, 515.
guardian ad litem, order appointing, 423.
interlocutory decree as an order, 1836.
judgment, so-called, as an order, 1836.
"order" defined, 1836.
order-granting leave to amend (form), 103.

assigning cause (form), 1832.
requiring pleading to be made more definite and certain (form), 143.
denying or overruling motion in general (form), 1832.
with alternative for dismissal, on petition of defendant to revive action

(form), 220.
appointing guardian ad litem upon ex parte application, 432.
granting leave to intervene (form), 224.
intervention by guardian ad litem, order permitting (form), 423.
for judgment upon pleading as frivolous (form), 141.
minor children, respecting custody, support, etc., 520.
authorizing change of name, 993.
nunc pro tunc order reducing judgment (form), 1879.
for revivor and continuance-in general (form), 219.

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

Orders (continued).
order-reviving action against representative of deceased defendant

(form), 221.
of sheriff's sale of real estate under judgment (form), 1880.
to show cause, on petition of defendant to revive action in which plaint-

iff is deceased (form), 220.
to show cause, made on the filing of affidavit charging contempt (form),

on motion to strike pleading from the files (form), 1832.
striking out irrelevant, redundant, or scandalous matter (form), 141.
striking out sham pleadings from the files (form), 140.
substituting true name of defendant for fictitious name in complaint

(form), 235.
substituting officer's successor as party, granting time, etc. (form), 221.
by consent, substituting executors, without prejudice to proceedings

already had (form), 221.
substituting administrator as plaintiff (form), 222.
of substitution of executors as defendants (form), 222.
suspending power of executor (form), 1834.
extending time to plead (form), 1832.
granting time to amend after sustaining demurrer (form), 1833.
granting time to answer upon overruling demurrer (form), 1833.
granting leave to file supplemental answer (form), 135.
granting leave to file supplemental complaint (form), 135.
granting motion to vacate judgment (form), 126.
to show cause (form), 1833.

staying proceedings pending motion to vacate judgment (form), 126.
orders—in attachment and garnishment, 1696.
orders, decrees, etc., in injunction, 1663.
orders, returns, etc., in mandamus, 877.

Orders, pleading of.

pleading order of board of supervisors, 176.

Ordinances and private statutes, pleading of, 171.
averment as to ordinances passed by a board of supervisors (or commis-

sioners) of a county (form), 662.

Particular allegations. See, also, various index headings of specific actions.

allegation of restoration to mental capacity (form), 297.
averment as to irreparable damage in action relating to trust, 1149.
averments as to possession of lands by plaintiff, etc. (form), 1198.
description of real property-how pleaded, 166.

Parties, defect of, as ground of demurrer. See Demurrer to complaint.

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