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

Parties in interest.
actions to be in the name of real party in interest, 178.

real parties in interest, 182.
cause stated against one not a party, 65.
executors, trustees of express trusts, married women, minors, etc., as

parties, 184.
heirs, when necessary parties in actions for death by wrongful act, 1503.
joinder of parties in interest when one or more may sue or defend for all,

joining administrator in action upon joint obligations, 1031.
plea that plaintiff is not the real party in interest (form), 182.
principal as real party in inte 182.

Partition of real property.

generally, 814.
actual possession, 822.
administrator not a parcener, etc., 822.
answer in partition-pleadings where defendant claims a lien, 817.
answer concurring in prayer of the petition (form), 821.
bringing in new parties by amendment, 822.
complaint for partition (form), 819.

interests of all parties known and unknown, 814.
by tenant in common or joint tenant against cotenant who has wasted

the estate (form), 820.
defense of pendency of action for dissolution of partnership involving

lands in partition suit (form), 820.
disclaimer not required to be accepted unless absolute, 822.
facts to be alleged, 822.
parties, 822.
partition of lands in which there is a dower interest (form), 819.
possession must be alleged and proved, 822.
summons in partition-California (form), 821.
title required, 822.

Partners as parties. See, also, Partnership and accounting.

generally, 229.
action by partners on quantum meruit, 1287.
averment as to partnership by firm name (form), 229.
averments as to partners in individual names (form), 230.
averments as to surviving partner (form), 230.

Partnership and accounting. For actions by and against partners see the

various titles, such as Accounts; Negotiable instruments; Debt,

actions for; Sale and purchase; etc.
generally, 1319.
complaint-for dissolution, accounting and receivership (form), 1320.

[References are to pages.

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

Partnership and accounting (continued).
complaint-for accounting after dissolution (form), 1321.

to restrain late partner from continuing business (form), 1322.
by one partner against another, for breach of partnership agreement

(form), 1322.

Passengers, injuries to. See Negligence of carriers, and references.

action by partnership, for goods sold and delivered (form), 1278.
complaint-for the dissolution of partnership, and for accounting and

receivership (form), 1320.
for accounting after dissolution (form), 1321.
to restrain late partner from continuing business (form), 1322.
by one partner against another, for breach of agreement to pay firm

debts (form), 1322.
defense in partition of pendency of action for dissolution of partnership

(form), 820.
direct averment of partnership, when not necessary, 231.
general allegations showing the purpose to refund, 1324.
Interest of single partner-to what extends, 1323.
joint action at law, when not maintainable, 1324.
nominal parties, 1324.
non-joinder of parties plaintiff, 1323.

Payment, defense of. See Negotiable instruments.

generally, 329.
defense of payment (form), 288.

an affirmative defense under Colorado and Oregon practice, 330.
basis of the Colorado rule, 330.
existence of cause of action not implied by payment, 329.
meaning of plea, 330.

payment defined, 281.
non-payment under ger ral denial, 70.
payment conditioned upon performance of some act, 176.
plea of non est factum not inconsistent with plea of payment, 330.

Penalties and forfeitures.

actions for forfeiture against homestead corporations, 1752.
action to recover penalties for injury to franchise of corporation, 567.
complaint-for penalty (form), 1753.
for penalty for violation of ordinance of board of supervisors (form),

for penalty for sale of liquors without license (form), 1754.

against witness for disobeying subpoena (form), 1754.
forfeiture for non-payment of rent, 1118.
penalty-for overcharging fares, 1744.

for trespasses on property of corporation, 1750.
Jury's Pl.-133.

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

Penalties and forfeitures-(continued).
penalty-for wilfully or maliciously injuring telegraph or telephone prop-

erty, 1751.
regulations as to tolls, toll-roads-penalties, etc., 1745.
relief in case of forfeiture, 1744.

Pendency of action, notice of, 1829.

Pendency of action, defense of.

defense of another action pending (form), 247.
defense of pendency of action in partition suit (form), 820.
pendency of action, 269.

notice of (form), 1829.

Performance and offer to perform, defenses. See, also, Payment, defense of.

causes excusing performance, 287.
custody of thing offered, 286.
defense of performance (form), 288.
defense of tender, or offer to perform (form) 288.
effect of offer on incidents to the obligation, 286.
effect of prevention of performance, 287.
effect of refusal to accept performance before offer, 288.
extinction of obligations by general performance, order of, 281.
offer of performance, 282.

conditional offer, 284.
upon conditions to be performed by creditor, 285.
partial performance, 282.
by whom made, 282.
to whom made, 282.
when to be made, 283.
where to be made, 283.
manner of making, 284.

objections to mode of, 285.
partial performance, 280, 289.
performance-by debtor under direction of creditor, 280.

by one of several joint debtors, 279.
extinguishes obligation, 279.

rendered to one of joint creditors, 280.
producing the thing to be delivered, as to, 284.
ratable portion of consideration, when allowed, 287.
thing offered to be distinct and separate, 285.
time of performance where not fixed by the obligation, 284.
waiver of performance-when required to be specially pleaded, 330.

Personal property, claim and delivery of. See Replevin.

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

Personal property, hiring of.

generally, 1300.
complaint-for hire of personal property (form), 1300.

for hire of piano-forte (form), 1301.
for hire of furniture, with damages for ill-usage (form), 1300.

Personal property, injuries to, and the unlawful detention thereof.

generally, 1563.
allegation of demand—when form is immaterial, 1565.
complaint-for malicious injury to property (form), 1563.

for wrongful detention of personal property (form), 1563.
to restrain threatened injury to an invaluable chattel (form), 1660.

for killing or injuring a valuable animal (form), 758.
damages—for wilful or negligent injuries to animals, 1738.
to matured fruit on trees, and distinguishing from damages to trees

themselves, 1564.
to trees and timber-pleading of, 1564.
denial of damage (form), 1564.
denial of taking or detention (form), 1564.
duress as defense in action for property unlawfully detained, 1565.
third-party claim not required to be alleged, 1565.

Petitions. See Complaints (or petitions].

Place of trial, change of. See Change of venue; Removal of causes from

state to federal court.

Plaintiffs. See, also, Joinder, misjoinder, and non-joinder of parties; Parties

in interest.
claim under distinct titles, 246.
general rule as to joinder of, 246.

Pleadings in general. For pleadings in particular cases se separate head.

actions ex contractu and actions ex delicto, generally, 8.
actions ex contractu, intendments in favor of, 34.
action ex delicto, pleading in, 33.
alleging superfluous matters, 31.
as to actions at law and suits in equity, 8.
briefs of counsel can not supply defects in the petition, 32.
burden on plaintiff to plead specific facts, 30.
cause as applied to a tort, 7.
clerical errors immaterial where defendant is not misled, 30.
designation of the first pleading, 10.
effect of abolishing distinction between forms of pleading, 8.
effect of consolidation of actions, 1865.
essential matter, distinct averment of, 35.
facts-how pleaded, 30.

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

Pleadings in general (continued).

facts necessarily implied from facts pleaded, 31.
fictions abolished under the code system, 8.
foreign law when not pleaded, presumption as to, 32.
formal parts of pleadings on the part of plaintiff, 13.
forms and rules of pleading, how prescribed, 4.
implied averments—basis of the rule, 129.
motion for judgment on the pleadings admits truth of pleas, 1885.
parties litigant can not acquire vested rights in matters of procedure, 8.
plaintiff should not anticipate defensive matter, 31.
plea in abatement amounting to general denial-trial, 1864.
pleadings-defined, 3.

purpose of, 30.
on the part of the plaintiff, 9.
what pleadings are allowed, 5.
pleading damages, 1743.
pleading meager facts or facts of a general character, 30.

pleading negligence-specific and general allegations, 1504,
stating causes of action separately, 34.
usage or custom-pleading not necessary to admit evidence, 31.

Pleading particular facts. See Particular allegations and averments.

Pleas in bar. See Defenses, generally; also, defenses under particular head-


Pledges. See Chattel mortgages and pledges.

Political parties, as parties, 232.

Possession of real property. See Covenants, title and possession of real

property, actions relating to.

Prayer in pleading. See, also, Amendments; Complaint (or petition);

generally, 33.
prayer for general relief, 33.
prayer for peremptory writ of mandate, 870.
relief granted under general prayer, 33.
relief administered irrespective of form of action, 1791.

Presumptions as aider of pleadings. See, also, Complaint (or petition); Def-

initeness and certainty.
presumptions after verdict in aid of statement of cause, 1883.

Preventive relief. See Injunction.

Private statute. See Ordinances and private statutes, pleading of.

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