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

Seduction (continued).

rule of damages, 407.

showing as to betrayal, 406.

verdict allowing compensatory and exemplary damages in an action by
a married woman for seduction (form), 403.

Separately stating causes. See, also, Pleading in general; Definiteness and
certainty.

failure to state causes separately when not ground of demurrer, 144.
right to motion to separately state not waived by demurrer, 144.

waiver of motion by filing answer, 144.

Services. See Work and services.

answer-when regarded as sham, 141.

motion covering matters both relevant and irrelevant, 142.

motion serving office of a demurrer, 142.

pleading not rendered irrelevant by overstatement of detail, 141.

recitals of evidentiary matter, 142.

sham denials upon information and belief, 142.

striking out immaterial portions of amendment, 108.

Sheriffs and constables. See, also, Conversion and trover; Malicious prose-
cution.

actions by and against sheriffs and constables, generally, 671.

action to recover surplus attachment moneys, 682.

complaint against sheriff for neglecting to levy writ of execution on

property (form), 671.

against sheriff for neglect to return writ (form), 672.

against sheriff for making false return (form), 673.

against sheriff for neglect to pay over moneys collected (form), 673.
by sheriff against sureties upon an indemnifying bond executed to a
deputy (form), 679.

against sheriff for escape on order of arrest (form), 674.

against a constable and his sureties, alleging arrest without a warrant
and without probable cause, beating, and malicious prosecution of
plaintiff by the constable, while acting under color of his office
(form), 678.

for fees of usurped office (form), 674.

defense by sheriff-justification of taking under attachment (form), 1644.
liability and duty of sheriff in attachment proceedings, 1699.

sheriff's certificate of service (form), 347.

sheriff's return of execution unsatisfied (form), 1890.

property claimed by third person (form), 1890.

unauthorized release a tort, 682.

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

Slander. See, also, Libel.

action-where words spoken are actionable in themselves (form), 382.
where words are not actionable in themselves (form), 382.

where words are spoken ironically (form), 383.

words spoken in foreign language (form), 379.

slander defined, 371.

Slander of title.

generally, 1547.

complaint must show special damages, 1548.

complaint for slander of title (form), 1547.

damages must result from slanderous statement, 1549.
essentials of an action for slander of title, 1548.
interest of the plaintiff must be shown, 1548.

malice and want of probable cause, 1548.

repetition of defamatory words by third person, 1549.
where contract is binding upon intending purchaser, 1549.

Sole traders.

generally, 1071.

complaint against married woman as sole trader (form), 1073.

complaint against sole trader on a contract (form), 1073.

opposition to petition to become sole trader, 1072.

petition to become sole trader, 1071.

Special demurrer to answer. See Demurrer to answer.

Special statute, petition to recover under, 30.

Specific performance.

generally, 1755.

action in personam, 1773.

agreement to give personal services not enforceable specifically, 1772.
agreement to sell property by one who cannot give title, 1759.

bill in equity to redeem personal property, 1774.

complaint-for specific performance of an agreement to make a lease
(form), 1760.

for specific performance of an agreement to exchange property (form),
1760.

by vendee, to compel specific performance of contract to convey real
estate under which possession was given (form), 1761.

against administrator of vendor's estate, for specific performance of
contract made with decedent (form), 1763.

contract to enforce transfer of corporation stock, 1773.

contract for return of stock-when enforceable, 1773.

contracts must be equitable to be specifically enforced, 1774.

adequate consideration must be shown, 1773.

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

Specific performance (continued).

contracts must be equitable-rule as to adequacy of consideration-dis-
tinction as between executed and executory contracts, 1774.
fairness of contract must affirmatively appear, 1774.

cross-complaint, by defendant, to quiet title against plaintiff who sues for

specific performance (form), 1765.

defendants in action for specific performance and to establish constructive

trust, 245.

defense-(1) denials, (2) inadequate and unfair consideration and fraudu-
lent representations (form), 1767.

that contract was not fair or reasonable (form), 1769.
withdrawal and rescission of contract (form), 1769.

of rescission of contract by agreement of the parties (form), 1766.
demand after plaintiff's tender (form), 1766.

denial-of title (form), 1766.

of payment or tender (form), 1766.

of performance (form), 1766.

of readiness to convey (form), 1765.

essential averments-complaint deficient in, 1773.

joinder with action for damages, 1773.
judgment-for plaintiff (form), 1770.
for defendant (form), 1771.

quieting title of cross-complainant in an action commenced by plaintiff

for specific performance (form), 1771.

for possession or title of real property, 1757.

limitation upon specific and preventive relief, 1756.

limitations of the remedy-reference, 1772.

mutuality of remedy, 1757, 1772.

obligations not specifically enforceable, 1758.

parties against whom specific performance cannot be enforced, 1758.
parties in whose favor specific performance cannot be enforced, 1759.

party can not both rescind and affirm, 1773.

penalty or damages liquidated not a bar to specific performance, 1757.
prayer for alternative relief, 1775.

right, when negatived by the bill itself, 1773.

tender-when unnecessary to plead, 1774.

unilateral contracts-specific performance of, 1757.

Splitting of demands. See Assignment of chose in action; Municipal cor-
porations, actions by and against.

State, actions instituted by attorney-general, or by or against the state. See,
also, Quo warranto.

generally, 627.

action-by state or municipal officer (form), 14.

Jury's Pl.-134.

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

State, actions instituted by attorney-general, etc. (continued).

action by state on relation of an individual (form), 14.

complaint in action by the people of the state, by the attorney-general, to
obtain a decree declaring a banking corporation to be insolvent,
ordering involuntary liquidation, and restraining it from the tran-
saction of any business except for the purpose of liquidation
(form), 628.

contempt proceedings-state as party in, 1866.

governor of state as a party, 632.

judgment and restraining order in action by people of state, 630.
judgment upon demurrer sustained without leave to amend.

Action

against the state to recover principal and interest of bonds issued
under an act to open and establish city street (form), 631.

relator-when not necessary party, 632.

restraining by prohibition-proceedings instituted by attorney-general, 893.
solvency of banking institutions-how determined, 632.

trustees of state normal school as parties, 632.

Washington statute as to parties construed, 632.

Stated account. See Account stated.

Statute of frauds, defenses based upon.

contracts required to be in writing, 318.
what contracts may be oral, 318.
defense-based upon statute of frauds, 334.
included under general denial, 334.

invalidity of contract not performable within one year (form), 326.

of guaranty not in writing (form), 327.

of invalidity of agreement upon consideration of marriage (form), 327.

of invalidity of contract to buy or sell real estate (form), 326.

of invalidity of agreement for the sale of goods, etc. (form), 327.

of invalidity of promise to answer for the debt (or claim) of another
out of estate of alleged promisor (form), 328.

of invalidity of land contract sued upon (form), 326.

Statute of limitations.

acknowledgment taking debt out of operation of statute, 274.

agreement not to plead the statute, 274.

bar of the statute of limitations-when taken advantage of by answer, 65.
when taken advantage of by demurrer, 65.

defense of statute of limitations, 274.

defense of the statute (form), 595.

bar of the statute-action against a city board (form), 666.

bar of the statute in action for restoration of lands and for value of
rents and profits, 1086.

bar of foreign statute in action for tort (form), 336.

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

Statute of limitations (continued).

demurrer-setting forth bar of the statute-when improper, 65.

with plea of the bar of the statute of limitations (form), 46.

based on statute of limitations-Alaska, Arizona, Iowa, Washington,
Wisconsin (form), 46.

incidental assignment, statute not pleadable against, 433.

mortgage barred when debt is barred, 730.

part payment or acknowledgment-taking demand out of the statute, 274.
pleading the statute of limitations, 170.

in actions to abate nuisances, 748.

in actions to quiet title, 794.

proof as predicate to benefit of the statute of limitations, 273.

statutes of limitations in California-how regarded, 274.

time of commencing action-in reference to the statute, 275.
waiver of the bar of the statute, 275.

Stay of proceedings. See, also, Appeals; Orders; Writs of error.

notice of motion to stay proceedings until security for costs be given
(form), 1887.

Steamers, vessels and boats, actions against.

generally, 834.

complaint to designate boat by name, and must be verified, 840.

complaint [or petition] in action to enforce lien against steamboat (form),

841.

conflict of jurisdictions, 843.

nature of this proceeding, 843.

parties known and unknown-lienholders, 838.

remedy pursued when maritime lien arises, 843.

state statutes relating to proceedings against steamers, vessels, etc., 843.
test of admiralty jurisdiction, 843.

test in cases of tort, 843.

Stipulations.

generally, 1847.

consent of plaintiff to reduction of judgment (form), 1878.

stipulation-annexed to answer extending time in which to verify (form),

161.

to dismiss appeal (form), 1848.

for filing amended complaint and acknowledgment of service (form),
101.

as to facts (form), 1848.

to transfer cause to another department (form), 1847.

to submit cause for decision upon statement of facts (form), 907.

in action against corporation, on the expiration of its charter, to con-
tinue action in the name of the new corporation (form), 219.

of dismissal on compromise (form), 1867.