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FORM No. 1010-To restrain negotiation of note.
[Title of court and cause.]
The plaintiff complains of the defendant, and alleges: 1. That on the day of 19 at the plaintiff made his promissory note in writing, of which the following is a copy: [Copy note]; which note was made and delivered by the plaintiff to L. M. without consideration and for his accommodation, and with the special understanding and agreement between the plaintiff and said L. M. that [state intended application].
2. That said note was thereafter offered by said L. M. to the Bank of which refused to discount the same, and returned it to the said L. M., whereupon the plaintiff became entitled to the possession thereof. [Or state the facts as they occurred.]
3. That the defendant still retains said note in his possession, and though on the day of 19, the plaintiff requested him to deliver it up, he then refused, and has ever since refused, and now refuses, so to do.
Wherefore, the plaintiff prays judgment: That the defendant be enjoined from negotiating, transferring, or enforcing said note; that it be given up and canceled; and for the costs of this action. A. B., Attorney for plaintiff.
FORM No. 1011-To restrain threatened injury to an invaluable chattel.
[Title of court and cause.]
The plaintiff complains of the defendant, and alleges:
1. That he now is, and at the times hereinafter mentioned was, the owner of [here describe the chattel].
pay all reasonable charges for its storage.
2. That on the day of 19 he deposited said [chattel] for safe-keeping with the defendant, and on the
19, demanded the same from the defendant, offering to
3. That the defendant refuses to deliver the same to the plaintiff, and threatens to conceal, dispose of, or injure the same, if required to deliver it up.
4. That no pecuniary damages would be an adequate compensation to the plaintiff for the loss of the said [chattel].
Wherefore, the plaintiff prays judgment that the defendant be restrained by injunction from disposing of, injuring, or concealing the said [chattel].
FORM No. 1012-To enjoin obstruction maintained by a railroad corporation along a public highway.
[Title of court and cause.]
Plaintiff complains of defendant, and for cause of action alleges: 1. That the defendant during the times hereinafter mentioned was, and it now is, a corporation organized under the laws of the state of
2. That plaintiff was on the day of 19 and ever since has been, the owner and in possession of the followingdescribed lot, in the city of , county of state of [Here describe]; that the said lot fronts on Street, a public highway in said city, which street, before the grievances hereinafter complained of, afforded unobstructed means of ingress to and egress from said lot.
3. That on the 19 the defendant, without any right whatever, constructed or caused to be placed upon and along said Street, and in front of said lot of plaintiff, embankments, excavations, railroad tracks, and other obstructions to the free and necessary use of said street, and maintained, and ever since maintains and operates, over and upon the entire length of said street, and has continuously ever since the date aforesaid maintained upon and along said public highway said embankments, excavations, railroad tracks, and all other of said obstructions, and has run and still runs its locomotives and trains of cars over and upon said tracks, and thereby interferes materially with the right of plaintiff to the ingress to and egress from his said lot over, along, and upon said street; that defendant has by its acts aforesaid, diminished the value of plaintiff's lot in the sum of $ plaintiff's damage in the sum of $
Wherefore, plaintiff prays judgment against defendant for the sum of $ and plaintiff's costs of this action; that said obstructions and all thereof be abated; and that the defendant be enjoined from further maintaining the same, or any obstructions, upon or along said street. A. B., Attorney for plaintiff.
FORM No. 1013-To enjoin claimants from asserting or claiming, except in this action, under certain alleged mechanics' liens. (In Hoffman-Marks Co. v. Spires, 154 Cal. 111; 97 Pac. 152.) [Title of court and cause.]
Plaintiff complains of defendants, and alleges:
1. That the following-named defendants are, and at all the times herein mentioned were, partnerships, to wit: [Here follow names of defendants alleged to be partnerships.]
2. That the following-named defendants are, and at all times herein mentioned were, corporations duly organized and existing under the laws of the state of California, to wit: [Here follow names of defendants alleged to be corporations.]
3. That on or about the 6th day of September, 1904, the defendant McKown & Co. agreed and entered into a contract with plaintiff to build and to furnish the material and labor necessary to build a house for her for residence purposes, on lots [here described], for the contract price or sum of $8,183; that plaintiff was on September 6, 1904, ever since has been, and now is, the owner in fee, and as her separate property, of said lots.
4, 5. [Here follow averments as to the terms of said contract; as to work done, labor and materials furnished thereunder, and payments made thereon; as to abandonment of the contract by the defendant contractors before completion of the building, and completion of the work by the plaintiff under other contracts thereupon made.] * That, in addition to the $3,682.35 paid to said McKown & Co. as aforesaid, plaintiff was obliged to and did pay for the material and labor actually and necessarily used in completing said house, as above alleged, the further sum of $7,581.79, or $3,081.14 more than the whole contract price thereof, and said $7,581.79 was the fair and reasonable cost and expenses of the completion of said house; that on said 29th day of September, 1904, the value of the work and materials already done and furnished, including materials delivered or on the ground, estimated as near as may be by the standard of the whole contract price, was less than the sum of said three payments, aggregating the sum of $3,682.35.
6. That each and every of the defendants herein other than said McKown & Co. claim, or are assignees of persons who claim, to have furnished materials or labor, or both, to be used, and which they assert actually were used, by said firm in the construction of said
house prior to its abandonment of the building thereof, and claim that the said firm of McKown & Co. is indebted to them for and on account thereof, and are asserting that they have, or are entitled to have, liens upon said house and lots for the value of the same; but plaintiff is unable to state whether the demands of all or any of said parties are just, or are the precise amounts due to them respectively from said McKown & Co. on account of such labor and materials. Some of said defendants have served written notice on plaintiff that said firm of McKown & Co. was indebted to them for work or labor done in performance of said contract, and have notified plaintiff to withhold moneys sufficient to pay their demands, and other defendants have filed notice with the recorder of such Los Angeles County, claiming liens on said property under part III, title IV, chapter II, of the Code of Civil Procedure, and still others of them are threatening to do so; and plaintiff alleges that unless restrained, defendants will bring separate actions against her to assert their said claims, and she will be harassed and put to great and needless expense in defending said actions.
Wherefore, plaintiff prays: That each and every of the defendants herein be perpetually enjoined from filing or in any way asserting claims or liens of any kind against said property or any part thereof, except in this action; that those of them who have already commenced separate actions against plaintiff be enjoined from making any further efforts towards enforcing said claims in said actions; that the same be declared without foundation; that it be adjudged that plaintiff is not indebted to said McKown & Co. on account of said contract or at all, and that there is no fund in plaintiff's hands for the payment of laborers or materialmen; and for costs and all other proper relief.
John D. Pope, and
§ 426. ORDERS, DECREES, ETC.
FORM No. 1014-Order to show cause, and interlocutory injunction. (In More v. Calkins, 85 Cal. 177; 24 Pac. 729.)
[Title of court and cause.]
The plaintiff in the above-entitled cause, having commenced an action in the superior court of the county of Ventura, state of Cali
fornia, against the defendant, and having prayed for an injunction against the defendant, requiring him to refrain from certain acts in said complaint and hereinafter more particularly mentioned:
Now, on reading the complaint in said action, duly verified by the oath of the plaintiff, and it satisfactorily appearing to me therefrom that there are sufficient grounds for granting an order to show cause why an injunction should not be granted;
It is therefore ordered, that the defendant, J. W. Calkins, appear before me at the courthouse in San Buena Ventura, on Wednesday, the 24th day of the present month, at 11 o'clock A. M. of that day, to show cause, if any he has, why he should not be perpetually enjoined and restrained from selling at public auction or private sale, or in any manner disposing of the said several tracts of land described in the said complaint, or any or either of them, or the water-rights appurtenant thereto;
It is further ordered, that the defendant, J. W. Calkins, his servants, agents, solicitors, attorneys, and all others acting in aid or assistance of the defendant, do absolutely desist and refrain from selling the said tracts of land in said complaint described, and the water-rights appurtenant to the said tracts, or any or either of said tracts or water-rights, at public or private sale, or in any manner disposing of the said tracts and water-rights, or either of them, until the further order of the court herein.
Done this 10th day of April, 1889.
B. T. Williams, Judge.
FORM No. 1015—Temporary injunction pendente lite, conditioned on giving of bond by the plaintiff.
(In Severns v. English (Okla.), 101 Pac. 750, 751.)
[Title of court and cause.]
The above-entitled cause comes on to be heard before the undersigned, judge of the district court in and for the aforesaid county and territory, at my chambers at Hobart, Oklahoma, on motion and affidavit of the plaintiff as receiver, for an order directing, commanding, and ordering J. O. Severns, defendant, to deliver and turn over to F. M. English, receiver, one certain Buckeye ditcher, now being used and operated by said defendant in excavating the trenches for the Lawton sewer system, in the city of Lawton, Comanche County, Oklahoma; and further praying that said J. O. Severns, his agents,