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

Probate contests. See, also, Executors and administrators, actions by and

against; Heirship and interest in estates, actions to determine.
generally, 1033.
complaint to construe a will (form), 1020.
contest of probate of nuncupative wills, etc., 1039.
contest of will and proceedings to revoke its probate special proceedings,

statement of grounds of contest of will and opposition to probate

thereof-trial, 1033.
contest of probate of will—fraud and undue influence (form), 1041.
contest after probate--unsoundness of mind and undue influence

(form), 1043.
petition to revoke probate, 1036.
contest to petition for letters of administration-counterpetition for let-

ters, 1039.
contract of heir disposing of prospective interest, 1046.

recitals as to voluntary relinquishment of rights (form), 1045.
decree in probate contest, 1044.
dismissing petitions to revoke probate--with preliminary finding as to

who are parties interested (form), 1044.
heirs appearing by guardian ad litem, 433.
interlocutory decree in probate, 1836.
jurisdiction of action upon a claim, 1030.
limitation of time or actions upon rejected claims, 1015.
procedure upon claim of superior judge, 1017.
proceedings in probate not "causes" in law or equity, as that term is used

in Idaho constitution, 1046.
provisions of Nebraska statute as to claims and offsets, 1030.
trespass maintainable by heir or devisee, 1030.
trials in probate generally, 1046.

Proceedings for appointment of guardians ad litem, and actions by and

against minors. See Guardians.

Proceedings for writ of error to the supreme court of the United States.

See Removal of causes from state to federal court.


generally, 882.
affidavit on application for writ (form), 885.
alternative writ of prohibition (form), 890.
application for writ (form), 884.
contempt proceeding-restraining punishment under void order, 893.
garnishment proceedings, when not arrested by writ, 894.
inadequacy of the remedy by appeal as the test, 892.
injunction proceedings-prohibition to restrain, 893.
notice of motion to dismiss action for failure to prosecute (form), 888.

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

Prohibition (continued).

order for alternative writ (form), 889.
ordinance fixing water rate-prohibition does not le to restrain super-

visors, 894.
proceedings for writ, 884.
receivership-prohibition against, 893.
restraining proceedings instituted by attorney-general, 893.
statutory prohibition-how enforced, 893.
writ of prohibition-when issued, 882.

not applicable to appealable order, 893.
not substitute for error or appeal, 893.

Promissory notes. See Negotiable instruments.

Property of husband and wife, actions relating to.

generally, 515.
action on note executed to wife before marriage, 246.
complaint-against husband and wife on antenuptial debt of wife (form),

on note given by wife when sole (form), 516.

by married woman, relating to her separate property (form), 515.
cross-complaint upon prenuptial contract, 520.
dower-action for waste against dowress (form), 751.

inchoate right of dower as affecting condemnation proceedings, 974.
partition of lands in which a dower interest exists (form), 819.
petition for dower (form), 519.

reply showing non-residence of wife to defeat her dower right, 520.
husband as formal party where right of action is wife's, 520.
right of action for personal injury to wife, 520.
wife can not sue alone for injuries to her person, 520.

Provisional remedies in civil actions. See Arrest and bail; Attachment and

garnishment; Deposit in court; Injunction; Receivers; Replevin.

Proximate cause. See Damages.

Public administrators, actions by and against.

action by public administrator, generally, 1018.
action by district attorney against public administrator, 1019.

Public officers. See, also, Sheriffs and constables.
complaint in action to restrain county treasurer from paying claims in

excess of funds provided for the purpose (form), 641.
decree granting perpetual injunction against county treasurer enjoining

payment of claims (form), 647.
injury following wrong of officer must be shown to maintain action for

damages, 682.
rival claimants to public office, 1671.

[References are to pages.

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

See Unlawful discrimina.

Public places of accommodation or amusement.

tions, etc.

Public records, certification of. See Certification of public records.
Purchase. See Breach of contracts of sale and purchase.

Quasi-civil proceedings. See Disbarment of attorneys; Habeas corpus pro-

ceedings; Insanity, proceedings in; Juvenile courts.

Quiet enjoyment.

See Covenants, title and possession of real property.

Quieting title. See, also, Adverse claims to real property; Municipal cor-

porations, actions by and against.
action to quiet title-generally, 761, 762.

by administrator-averment of possession in deceased, effect of, 1031.
is cause in equity, 793.

to a water-pipe line, 793.
additional findings—action to quiet title, and for value of rents and

profits, and for restitution (form), 1872.
adverse possession-what the complaint is required to show, 794.
answer-tenancy in common, 794.
answer to cross-complaint, 781.
averment as to title in defendant-effect of, 794.
complaint-by purchaser deriving title through an estate to quiet title to

right of way (form), 774.
to confirm and quiet title to right of way, and joining mortgagee as

party defendant (form), 772.
against municipal corporation, 646.
against defendant in possession (form), 770.
to quiet title, and to cancel alleged forged deed (form), 773.
to remove mortgage as cloud upon title (form), 771.
to quiet title, and for value of rents and profits, and for restitution

(form), 770.
to quiet title to prescriptive right to waters (form), 1217.
cross-complaint in action-right of defendant to set up title, 793.
decree quieting title to right of way for pipe-line and for damages (form),

defense-generally-collateral attack, 793.

that lands were held in trust—when insufficient, 793.
denials (form), 778, 781.
of adverse possession (form), 778.
adverse possession as tenants in common with plaintiffs-action to

quiet title to alleged prescriptive right to waters (form), 1211.
bar of the statute (form), 778.
denying genuineness and due execution of agreement (form), 781.
denial and defense of ownership (form), 777.
of ownership in defendant (form), 778.

(References are to pages.

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

Quieting title (continued).
defense—to cross-complaint-setting forth option declared upon as being

without consideration, and fraudulent withholding of same after
revocation-action to quiet title against unenforceable option to

purchase (form), 782.
in which defendant seeks decree quieting title against plaintiff and

others to be brought in (form), 778.
disclaimer (form), 776.
disclaimer in action for cancelation of forged deed (form), 776.
elements of a complaint to quiet title, 769.
estate in defendant to be specially pleaded, 794.
forged deed-action to set aside, and quiet title against, 793.
general defense (form), 777.
husband, when not necessary party in action to quiet title, 246,
independent title created by adverse possession, 794.
judgment-for defendant (form), 785.
of nonsuit against plaintiff and cross-complainant in action to quiet

title (form), 786.
for plaintiff upon the pleadings (form), 788.
for plaintiff and for value of rents and profits, and for restitution

(form), 784.
where submission was upon an agreed statement (form), 790.
quieting title in agricultural association to lands, and providing for

writ of possession (form), 791.
upon agreed statement (form), 790.
set-off of value of improvements made, 765.
trespass to try title-special pleading of claim, 794.

Quo warranto. See, also, ultra vires acts of corporations.

answer in quo warranto, 833.
citizen in certain cases may institute proceeding, 833.
conflicting claimants, 834.
county attorney may institute proceeding, 834.
nature of quo warranto, 833.
object of quo warranto, 833.
parties-right of attorney-general to file, 833.
pleadings-complaint in proceeding, 834.
quo warranto-for the involuntary dissolution of a corporation for exer

cising a franchise not conferred by law (form), 832.
action by attorney-general, 823.
to inquire into the right of an asso to do business, 829.
to inquire into right of non-profit agricultural associations, etc., 830.

to inquire into right of non-profit co-operative corporations, 830.
against appointed officer for holding over (form), 830.

for recovery of elective office (form), 831.
state as party, 833.

[References are to pages.

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

Railroads. See Negligence of carriers.

See Foreclosure of mortgages on real

Real property, foreclosure of.


Real property. See Partition; Foreclosure; Covenants, title and possession;

Water-rights and riparian owners; Waste; Trespass; Ejectment;
Forcible and unlawful entry and detainer.


actions by and against receivers, generally, 1702.
actions by and against receivers after their discharge, 1713.
action-by receiver appointed pending litigation (form), 18.

by receiver in supplementary proceedings (form), 17.

by receiver of dissolved corporation (form), 18.
adverse party essential to proceedings, 1712.
appointment of receiver-when court may appoint of its own motion, 1713.

averment of, 1712.
collateral attack upon order appointing receiver, 1713.
when and in what cases receivers are appointed, 1702.
receivers to administer affairs of corporations—when appointment in-

valid, 1713.
certificate of attorney as to merits (form), 1707.
complaint-by receiver appointed by a court in an action (form), 1709.
by receiver of a mining corporation to recover assets belonging thereto

(form), 1710.
against a receiver (form), 1712.
order authorizing receiver to sue (form), 1708.
order granting leave to sue a receiver (form), 1707.
petition of receiver for leave to sue (form), 1707.
petition for leave to sue a receiver (form), 1706.
prohibition against receivership, 893.
receiver of a railway corporation as party, 231.

Reclamation. See Irrigation and reclamation.

Records, lost or destroyed. See Lost or destroyed corporation records.

Redemption of mortgages, and actions to redeem.

complaint-by mortgagor against mortgagee (form), 732.
complaint by lessee (form), 733.
nature of action, 734.
pleading the bar of the statute in action to redeem, 735.
partial redemption not permitted, 735.
parties having a common interest, 735.
parties-redemption by first mortgagee as successor in interest of

mortgagor, 734.
redemption of mortgages, generally, 732.

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