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Defacing or taking down notice of execution sale, for,

§ 693.

Embezzling decedent's estate, or disobeying citation to appear in the matter thereof, for, § 1460.

Justice's court, action to recover in, § 112.

Limitation of action on, §§ 338, 340.

Limitation of action to recover, from stockholders and directors, § 359.

Mandamus, for disobedience to, § 1097.

Practicing law without license, for, § 281.

Selling under execution without notice, for, § 693. Will, for nondelivery of, to probate court, § 1298. PENDENCY OF ACTION as ground of demurrer, § 430. Notice of, filing of, § 409.

When action deemed pending, § 1049. PEOPLE, execution to be in name of, § 682. Security, do not give, §§ 529, 1058.

See State.

PERFORMANCE, of conditions precedent, how averred,

§ 457.

Time of, of act, may be extended, § 1054. PERISHABLE PROPERTY. Appeal from judgment directing sale does not stay, § 949.

Attachment of, § 547.

Attachment of, proceeds of sale of, § 550.
Notice of execution sale of, § 692.

Sale by executor or administrator, § 1522.

PERJURY, number of witnesses to prove, § 1844.
Proof necessary, § 1968.

PERPETUATING TESTIMONY, mode of, §§ 2083-2087.
See Depositions.

PERSON, definition of injury to, § 29.

Includes corporation, § 17.

Joinder of actions for injuries to, § 427.

PERSONAL PROPERTY, attachment of, manner of, § 542 Includes what, § 17.

Limitation of action for injury to, § 338. PESTILENCE as cause for removal of court, § 142. PETIT LARCENY, justice has jurisdiction of, § 115. PHONOGRAPHIC REPORTER, absent, clerk to take test mony, 1051.

Appointment and tenure of office, § 269.

Attention to duties in person, § 271.

Attention to duties in person, excuse from, § 271.
Clerk to take down testimony where there is no, § 1051.
Compensation of, § 274.

Compensation of, how paid, § 274.

Competency, certificate of, § 270.
Competency, test of, § 270.

Duties of, § 269.

Fees of, § 274.

Fees of, where one temporarily appointed, § 274.

Number of, § 269.

Oath of, § 272.

Pro tempore, § 271.

Pro tempore, oath of, § 272.

Pro tempore, fees and compensation of, § 274.
Pro tempore, report of, prima facie evidence, § 273.
Qualifications of, and how tested, § 270.

Reference to report of, on hearing motion for new trial,
§ 660.

Report of, prima facie evidence, § 273.

Supreme court, for, provided for in Political Code, $ 268.

Transcript of notes, prima facie correct, § 273.

PLACE OF TRIAL, absence or disability of justice, transfer of actions, § 90.

Actions brought in wrong county, action may be tried, § 396.

Appeal from order on motion for change, time for, § 939.

Appeal lies from order relating to change, § 963.

Brought in wrong county, how defendant may demand change, § 396.'

Change of, costs of, § 399.

Change of, disqualification of judge where more than
one judge in county, § 170.

Change of, disqualification of judge or justice, § 398.
Change of, grounds of, § 397.

Change of, to what court transferred, § 398.

Change of, transmission of papers, § 399.

Change of, power of court to which transferred, §§ 399,

Change of, appeal from order does not stay, § 949.
Change of, where justice prejudiced, § 90.

Claim and delivery in justice's court, § 832.
Condemnation proceedings, § 1243.

County or city, action against, where brought, § 394. County or city, action by, transfer of, to another county, § 394.

Defendant improperly joined, § 395.

Defendant joined to have trial in his county, § 395. Foreclose mortgage or lien on realty, where brought, § 392.

Forfeiture, action to recover, § 393.

Injunction, place of trial, where injunction demanded, § 392.

Justice's court, place of trial: See Justice's Court, XII. Lien on realty, venue of action to foreclose, §§ 78, 392. May be changed when, § 397.

May be tried in any county, unless defendant objects, § 396.

Mortgage, venue of action to foreclose lien, § 392. Motion may be transferred to another judge, when, § 1006.

Offense committed on lake or stream in several counties, § 393.

Officer, action against, § 393.

Order to show cause may be transferred to another judge, when, § 1006.

Penalty, action to recover, § 393.

Quieting title, action to be brought in county where land is, § 78.

Real actions, § 392.

Real, place of, when property lies in two counties, § 392.

Realty, transfer of action to another county, proceedings after judgment, § 400.

Transferred cases respecting realty, proceedings after judgment, § 400.

Transfer to another court, manner of, §§ 398, 399.

Transfer when judge disqualified, § 398.

Transfer to another court, costs of, § 399.

Transfer to another court, papers to be transmitted,

§ 399.

Transitory actions, § 395.

When defendant about to leave state, § 395.
When defendant nonresident, § 395.

When residence determines, § 395.

When residence of defendant unknown, § 395.

PHRASES, interpretation of: See Words and Phrases.
PHYSICIAN as witness, §§ 1881, 1882.

Exempt from jury duty, § 200.

Property exempt from execution, § 690.

PLAINTIFF: See Parties.

Pleadings of, § 422.

PLEA: See Answer.

PLEADING: See Answer; Complaint; Counterclaim; De

murrer.

Account, how to be stated, § 454.

Action is commenced by filing complaint, § 405. Allegations not denied, when deemed controverted, § 462.

Allegations not denied, when deemed true, § 462.

Amended, filing, § 472.

Amended, service of, § 472.

Amended, to bring in necessary parties, § 389.

Amendment, time for, when demurrer sustained or

overruled, § 476.

Amendment, when variance, §§ 469, 470.

Amendment changing parties, § 473.

Amendment correcting mistake, § 473.

Amendment, in justice court: See Justice's Court, V.
Amendment of course, § 472.

Amendment of course, filing and service of, § 472.
Amendment, postponing trial in justice's court, § 874.
Amendment without costs, § 470.

Answer: See Answer.

Bill of particulars, §§ 454, 853.
Board, determination of, § 456.

Complaint: See Complaint.

Conditions precedent, § 457.

Consolidation of actions, § 1048.

Construction of, to be liberal, § 452.

Cross-complaint, § 442. See Cross-complaint.

Cross-demand, §§ 439, 440. See Cross-demand.

Defects in, to be disregarded unless substantial rights affected, § 475.

Defendant, pleadings of, § 422.

Defined, § 420.

Demurrer, §§ 430, 431. See Demurrer.

Description of real property in, § 455.

Enlarging time for, § 473.

Error in, to be disregarded unless substantial rights affected, § 475.

Escheat proceedings, in, § 1271.

Extension of time respecting, § 1054.

Facts, what to be pleaded, § 426.

Fictitious name, when party may be sued by, § 474.

[blocks in formation]

Form of, prescribed by code, § 421.

Form of action, but one, § 307.

Genuineness of instrument, when not admitted, § 449.
Heading defective, § 1046.

Inspection of instrument, demand for, § 449.

Instruments, genuineness of, how controverted, § 448.
Instruments, genuineness of, when admitted, § 448.
Irrelevant and redundant matter may be stricken out,
§ 453.

Issue not made by, how tried, § 309.

Items of account, § 454.

Joined, what actions may be, § 427.

Joint debtor, action against after judgment, §§ 989, 994.

Judgment-roll, as part of, § 670.

Judgments, §§ 456, 1962.

Justice's court, in:

See Justice's Court, V.

Libel, answer in action for, § 461.

Libel, complaint in action for, § 460.

Limitation, statute of, § 458.

Lost, how supplied, § 1045.

Material allegation defined, § 463.

Names of, § 422.

Objections to, waiver, § 434.
Ordinance in police court, § 929.
Particulars, bill of, §§ 454, 853.
Parties, §§ 367-380. See Parties.
Plaintiff, pleadings of, § 422.

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