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PLEADINGS, PRACTICE

AND FORMS,

IN ACTIONS BOTH LEGAL AND EQUITABLE UNDER

CODES OF CIVIL PROCEDURE.

FORMS IN ACTIONS; IN SPECIAL PROCEEDINGS; IN PROVISIONAL REME-

DIES; AND OF AFFIDAVITS, NOTICES, ETC., ETC.

BY MORRIS M. ESTEE,

COUNSELOR AT LAW.

SECOND EDITION.

REVISED AND ADAPTED TO THE LATEST STATUTES AND DECISIONS,

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SAN FRANCISCO:
A. L. BANCROFT AND COMPANY,
Law Book PUBLISHERS, BOOKSELLERS AND STATIONERS.

1878.

130135

PUL 2 6 1948

Entered according to Act of Congress, in the year 1878,

BY A. L. BANCROFT & Co.,
In the Office of the Librarian of Congress, at Washington.

Entered according to Act of Congress, in the year of our Lord one

thousand eight hundred and sixty-nine, by

MORRIS M. ESTEE, In the Clerk's Office of the District Court of the United States,

for the District of California.

PREFACE TO SECOND EDITION.

THE preface to the original work states all that need be said as to its plan and scope. The great favor the work has met with from the profession, as well as its intrinsic merits, which are apparent without reference to its popularity, prohibited any change in its plan in this revision.

Considerable new matter has been introduced, especially in those parts relating to parties, and to pleadings in general; while new notes and new citations of authorities have been added throughout the work wherever it seemed necessary or desirable.

The original citations have also been carefully examined, and the errors incident to a new work, corrected. It is impracticable, in a work of this character, to give a statement of the point decided in each case referred to; but it is believed that each citation will be found to sustain directly, or illustrate the point, or subject, to which it is cited.

The forms have also been carefully examined, and, so far as necessary, corrected; and in the second and third volumes will be found many forms not contained in the original work.

At the time the original work was written, the Practice Act was in force in California-since that time the Civil Code and the Code of Civil Procedure have been adopted. So far as these codes have changed the law or practice in that State upon subjects treated of, such changes have been stated or reference made thereto; and wherever a code is cited without giving the name of the State, the codes of California are intended.

While the code of each State, having one, differs in many particulars from that of every other, yet it will be found that all are based upon common principles, and practitioners in

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