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[References are to Sections.]

APPEALS (Continued).

Parties in appellate court-Rights, 2181.
Right of appeal in replevin cases, 2183.

Montana.

Appeals, when allowed, 2186.

Oregon.

Allowance of appeal and docket entry-Execution recalled, 2191.

Amount necessary for appeal by party demanding jury, 2189.

Appeal from judgment, in what amount, 2187.

Appeal is taken within what time, and to what court,

2209.

Appeal, when perfected, 2188.

Appellate court may allow pleadings amended, 2347.
Defective undertaking-Substitute undertaking, 2315.
Dismissing appeal, judgment thereon, 2314.

Judgment enforced notwithstanding stay-Undertaking,
2231.

Judgment for appellant-Proceedings stayed by notice. of appeal, 2213.

Judgment of justice may be reviewed, 2192.

Manner of taking an appeal, 2210.

Qualification and justification of sureties on appeal, 2230.

Transcript Contents and filing, 2190.

Undertaking on appeal-Stay of proceedings, 2277.

Washington.

Appeal, how taken-Bond, 2211.

Appeal in civil actions, 2184.

Appeal not to be dismissed for defective bond, 2316.
Appellate jurisdiction of superior court, 2172.

Attachment for certified transcript, 2299.
Costs in appeals from justices' court, 2305.

Judgment against appellant and sureties when, 2276.
Pleadings in superior court on appeal, 2332.

Release of property on certificate of appeal, 2185.

[References are to Sections.]

APPEALS (Continued).

Stay of proceedings, when, 2212.

Transcript Jurisdiction-Procedure in superior court,

2298.

APPEARANCE BY PARTIES.

Appearance by answer-Effect, 742.

Appearance by attorney gives attorney control, 737.
Appearance by attorney waives issuance of summons, 739.
Appearance by attorney waives service of summons, 740.
Authorization of attorney to appear presumed, 738.

Guardian ad litem, how appointed when ward is defendant,
747.

Guardian ad litem, how appointed when ward is plaintiff, 746.
Infants or lunatics-Appearance by guardian, 745.

Parties may appear in person or by attorney, 736.

Special, appearance-What constitutes, 743.
Voluntary appearance confers jurisdiction, 735.

Washington.

Time for appearance, 744.

APPEARANCE FOR TRIAL.

Parties entitled to one hour in which to appear, 1279.

Colorado.

Trial without process-Agreement, 1281.

Oregon.

Party entitled to one hour, justice may postpone proceedings, 1280.

Appointment to Fill Vacancies. See tit. Vacancies in Office of Justice of the Peace.

APPOINTMENTS.

On nonjudicial days, 494.

[References are to Sections.]

ARREST AND BAIL.

Action on undertaking for arrest which cannot be maintained, 2410.

Affidavit and undertaking on order of arrest, 2388.

Affidavit, failure to state facts, 2384.

Allegations in affidavit can never be made on information and

belief, 2382.

Allowance of bail-Superior court, 2421.

Arrested defendant must be taken before justice immediately, 2385.

Arrest in civil action, when not allowed, 2375.

Arresting officer must immediately notify plaintiff, 2386. Attorney's fee as damages, 2411.

Bail, how exonerated-Superior court, 2418.

Bail, how given-Superior court, 2414.

Bail, how proceeded against-Superior court, 2417.

Character and capacity in which defendant is alleged to have obtained money, 2402.

Defendant to be discharged on bail or deposit-Superior

court, 2413.

Deposit of money with sheriff-Superior court, 2422.

Duty of officer to keep defendant in custody, 2398.

Exemption of witness from arrest, 2397.

Facts constituting fraud must be specifically alleged, 2406. Intention to procure goods without payment, 2404.

In what case defendant may be arrested, 2379.

Issues of fraud must be raised to justify execution against person, 2403.

Judgment must state fact of arrest to be of effect, 2409.
Justification of bail-Superior court, 2420.

Money deposited, how applied or disposed of-Superior court. 2425.

Motion to vacate order of arrest or reduce bail-Affidavits on

motion-Superior court, 2428.

Payment of money into court by sheriff-Superior court, 2423.

Proceedings on judgment against sheriff-Superior court,

[References are to Sections.]

ARREST AND BAIL (Continued).

Qualification of bail-Superior court, 2419.

Rule in superior court, 2383.

Sheriff, when liable as bail, and his discharge from liability

Superior court, 2426.

Substituting bail for deposit-Superior court, 2424.
Surrender of defendant-Superior court, 2415.

Same-Arrest of defendant by bail or sheriff-Superior
court, 2416.

What fraud committed in this state by contemplation of law, 2400.

What fraud will warrant arrest, 2399.

What must appear for an order of arrest in an order to re

cover debt, 2381.

What plaintiff must prove to sustain allegations of fraud, 2401.

When damages should be imposed, 2412.

When order for arrest may be made, 2390.

When the order vacated or bail reduced-Superior court, 2429.

Where facts constituting fraud arise subsequent to filing of complaint, 2405.

Oregon.

Arrest in civil actions-Opportunity to give bail, 2430.
Justification of sureties, when made and on what notice,

2431.

Provisional remedies as in courts of records, 2376. Provisions of Code of Civil Procedure apply in what cases, 2377.

Washington.

Arrest-Bond for arrest, 2392.

Arrest-Continuance-Bond, 2396.

Arrest-Detention not to exceed twenty-four hours,
Arrest-Notice to plaintiff, 2394.

Arrest Warrant-Service-Proceedings, 2393.

2395.

[References are to Sections.]

ARREST AND BAIL (Continued).

Arrest-When warrant may issue, 2391.

No arrest except as provided by statute, 2378.

Arrest, Warrant of (In Criminal Actions). See tit. Criminal Actions in Justices' and Police Courts.

ASSIGNMENTS.

Are without prejudice to existing defense, 3501.

By delivery, 3508.

By indorsement, 3506.

Consideration for assignment, 3512.

Delivery of assignment, 3509.

Equitable assignment, 3507.

For collection, 3510.

Form of assignment, 3505.

Negotiable note, how assigned, 3518.

Notice of assignment, 3513.

Of judgment, 3515.

Of judgment-In action of tort, 3516.

Of judgment-Subject to existing right of setoff, 3517.
Of negotiable instrument-After maturity, 3520.

Of negotiable instrument before maturity, 3519.

Of negotiable paper, 3511.

Of non-negotiable instrument, 3522.

Of part of debt not allowable, 3503.

Rights of subsequent indorsees, 3521.

Right to offset demand not matured at time of assignment,
3523.

Subsequent ratification of unauthorized assignment, 3514.
Thing in action defined, 3502.

ATTACHMENT.

Affidavit to Obtain Attachment.

Affidavit-Docket entry, 2471.

Affidavit must show what, 2469. ·

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