OF

PLEADING AND PRACTICE

WITH

ANNOTATIONS AND CORRELATIVE

STATUTES

ADAPTED TO USE GENERALLY IN ALL CODE STATES AND TERRI.
TORIES, AND IN PARTICULAR TO THE FOLLOWING: ALASKA,
ARIZONA, ARKANSAS, CALIFORNIA, COLORADO, HAWAII,
IDAHO, IOWA, KANSAS, MINNESOTA, MISSOURI,
MONTANA, NEBRASKA, NEVADA, NEW MEXICO,
NORTH DAKOTA, OKLAHOMA, OREGON,
SOUTH DAKOTA, TEXAS, UTAH,
WASHINGTON, WISCONSIN

AND WYOMING.

BY
JOHN G. JURY
OF THE SAN FRANCISCO BAR

IN TWO VOLUMES

VOLUME II

STANTE

SAN FRANCISCO
BENDER-MOSS COMPANY
LAW PUBLISHERS AND LAW BOOKSELLERS

1611

COPYRIGHT, 1911
BY BENDER-Moss Compank

OUTLINE OF TITLES AND CHAPTERS IN

VOLUME I.

(For analytical table of contents thereof see Volume I.)

TITLE I.–Pleading and Practice in General.

Chapter

1. Introductory.

II. Pleadings on the part of the plaintiff.

III. Pleadings on the part of the defendant.

IV. Joinder of causes of action.

V. Counterclaim and set-ofr.

VI. Cross-complaint.

VII. Amendments to pleadings.
VIII. Material allegations, variance, and mistake.
IX. Supplemental pleadings.

X. Sham and irrelevant pleadings.

XI. Definiteness and certainty in pleadings.-Election between

causes.

XII. Verification and subscribing of pleadings.

XIII. Construction of pleadings.—Pleading particular and formal

facts.

TITLE II.-Parties to Actions.

XIV. Parties in interest.--Assignment and disclaimer.
XV. Executors, trustees of express trusts, married women, minors,

etc., as parties.
XVI. Substitution, interpleader, and intervention.
XVII. Corporations, partnerships, and associations as parties.

XVIII. Fictitious parties.

XIX. Misjoinder and non-joinder of parties.

TITLE III.—Defenses to Actions in General.

XX. Defenses in abatement.-Miscellaneous defenses.

XXI. Defenses to actions founded upon contract.

XXII. Defenses to actions for wrongs.

TITLE IV.-Actions Relating to Personal and Domestic Security.

XXIII. False imprisonment.

XXIV. Malicious prosecution.

XXV. Civil action for assault and battery.

(ill)