The Michigan Judicature: And Miscellaneous Practice Acts, with Revised Court Rules and Forms of Pleadings, Volume 2

Sampul Depan
Alva Marvin Cummins, Franklin A. Beecher, George Mortimer Sayles, Leon Saunders, Harvey B. M. Wilds
F.S. Drake, 1922
 

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13781 Service of Notice
1223
13781a Waiver of Notice
1224
13783 When Other Witnesses May Probe Wid
1227
13785 Probate by Exemplified Copy
1228
13786 Effect of Allowance
1229
13788 Lost Destroyed or Suppressed Wills
1230
13789 Revoking Clause of Will
1231
13791 When Provision for Child Omitted by Mistake
1232
13794 Payment of Debts and Allowance for Family
1233
13795 When Testator Provides by Will for Debts and Family Ex penses
1234
13798 Retention of Estate by Executor
1235
13800 Liability in Case of Insolvency of any Legatee
1236
13802 Evidence of Probated Will
1237
13805 Disposition of Personal Property
1238
13806 Election to be in Writing and Filed
1239
13808 Bond of Executor
1240
13809 Bond When Executor is Residuary Legatee
1241
13810 When Person Named Executor not to Act
1242
13813 Administrator With Will Annexed to Give Bond
1243
13815 When Remaining Executor to Execute Trust
1244
13818 Separate or Joint Bonds
1245
CHAPTER LIII
1246
Conversion
1247
13820 Who Entitled to Letters of Administration
1248
13821 Bond by Administrator
1250
13823 Duties of Special Administrator
1251
13824 When Special Administrator to Pay Claims
1252
13826 When His Powers to Cease
1253
CHAPTER LIV
1261
13852 Commitment for Refusal to Appear
1267
13862 When Goods Recovered by Executor not Considered Assets
1273
CHAPTER LIX
1276
13865 Meetings to Examine Claims
1278
13866 Designation of Paper
1279
13868 Time Allowed for Presenting Claims
1280
13871 When Judge to Adjust Claims
1281
13872 Setoffs
1283
13873 Oath of Commissioners
1284
13876 Debts Payable at Future Day
1285
13877 Persons Failing to Present Claims
1286
13879 Pending Actions to be Prosecuted
1287
13881 SetOffs Allowed in Such Cases
1288
13882a Appointment of One Commissioner
1289
CHAPTER LVI
1290
13886 Extension Upon Appointment of New Administrator
1291
13887 When Executor to Pay Debts
1292
13889 When Creditors to be paid Dividend
1293
13892 When Disputed Claims Ordered Paid
1294
13895 Notice of Time Limited for Payment of Debts
1295
Contingent Claims 13897 Class of Claims Affected
1296
13898 When Court May Order Sufficient Estate Retained for Pay ment of Claim
1297
13900 When Claimant Entitled to Payment
1298
13902 When Creditor May Recover of Heirs
1299
13905 To What Extent Heirs Liable
1300
13909 Estate Heir Liable
1301
13912 No Other Actions Against Executor Allowed
1302
CHAPTER LVII
1303
13914 Provision for Children Under Ten
1308
13916 Decree to Name Persons and Proportions
1310
13918 Partition
1311
13920 Notice of Application for Partition
1312
13923 When Real Estate Cannot be Divided
1313
13926 Guardian for Miners and Agents for Nonresidents to be Appointed
1314
13928 When Partition Dispensed With
1315
13932 When Executor to Pay Expenses
1316
13935 When Court to Appoint Agent for Non resident
1317
13918 How Made
1318
13940 Determination in Other Cases
1319
13941 Recording Certified Copy of Order
1320
13943 Warrant for Assignment of Dower
1321
13945 Assignment of Estate When it Consists of Mill
1322
13947 Duty of County Treasurer
1323
13949 Suits on Treasurers Bond
1324
CHAPTER LVIII
1325
13951 Petition for Appointment of Guardians
1327
13952 Who to Nominate Guardians
1329
13953 When Judge to Nominate
1330
13955 Who Entitled to Custody of Minor
1331
13957 Powers and Duties of Guardian
1332
13959 Appointment by Will of Father
1333
13960 Bond of Testamentary Guardian
1334
13961 Special Guardian
1335
13962 Bond of Guardian
1336
13963 Appraisal of Estate
1338
13966 Allowance for Defending
1339
13969 Guardians to Settle Account and Collect Debts Due
1340
13970 Guardians Ad Litem
1341
13972 Guardians Assent to Partition or Dower
1342
13975 Marriage of Female Ward
1343
13976 Proceedings in Case of Embezzlement
1344
13979 Guardians Compensation
1345
13983 Charges for Insane Patients
1346
13985 When Preceding Section Does not Apply
1347
OF THE SALE OF LANDS BY EXECUTORS ADMINIS TRATORS AND GUARDIANS PAGE 13987 Sale of Real Estate
1348
CIRCUIT COURT AT LAW FORMS Declarations In General
1349
13988 Sale of Real Estate of Persons Under Guardianship
1352
13989 Petition to Court
1353
13990 Petition to Court
1354
13992 Hearing
1355
13995 Order if Sale to Specify Purpose
1356
13999 Order to Specify and Sell Lands
1357
14001 Further Bond Required
1358
14002 Copy of Order of Sale to be Delivered to Executor
1359
14003 Sale of Reversion of Dower
1360
14005 Adjournment of Sale
1361
14008 When Court to Confirm Sale
1362
14010 Sale
1363
14012 Credit on Sale
1364
14014 Interest in Land Held Under Contract
1365
14016 Condition of Bond
1366
14019 Sales Subject to Incumbrances
1367
14022 Surplus to be Considered Real Estate
1368
14024 When Sale Not Avoided by Irregularities
1369
14025 Irregularities Cured
1371
14026 Damages for Misconduct in Saie
1372
14029 Application of Proceeds of Sale for Support
1374
14031 Probate Court to Locate Homestead
1375
14032 Appraisal of Homestead
1376
14034 Proceedings After Confirmation
1377
Mortgaging Estates of Deceased Persons and Persons Under Guardianship 14035 Judge of Probate May Authorize Borrowing Money
1378
14036 How Order Obtained
1379
14037 Bond
1380
CHAPTER LX
1381
14039 Petition
1382
14042 Appeal form Decree
1383
14045 Certified Copy of Decree May be Recorded
1384
14048 Conveyance of Rea Estate by Guardian of Minor
1385
14051 Proceedings to Conform With Law for Executor
1386
CHAPTER LXI
1387
14054 Bond of Trustees
1388
14055 Letters of Trusteeship
1389
14059 Neglect to Give Bond
1390
14062 Bonds May be Put in Suit
1391
14065 Mortgage of Trust Estates
1392
14067 Bond
1393
14069 Annual Account 1493
1394
14072 Hearing and Decree
1395
14074 Petition for Settlement of Account
1396
14077 Trustee to Show Cause for not Rendering Account
1397
14079 Rights of Certain Persons to Personal Property
1398
14081 Petition for Removal of Trustee
1399
14082 When to Deliver Property to Successor
1400
14084 Verification
1401
14087 How Citation and Notice Served
1402
14090 Appeal
1403
14092 Effect When Same Person is Trustee and Executor
1404
14094 Construction of Chapter
1405
14096 Proceedings of Persons Entitled to Estate
1406
14099 Notice
1407
14102 Compensation
1408
OF ACCOUNTS BY EXECUTORS AND ADMINISTRATORS PAGE 14104 Chargeable With Assets of the Deceased
1409
14105 To Account for Personal Estate as Appraised
1410
14107 To Account for Proceeds of Sale
1411
14110 Accountable for Loss Occasioned by Neglect
1412
14112 Notice of Meeting to Examine Account
1413
14114 Liability on Bond
1414
Compensation of Executors and Administrators 14117 Expenses and Commissions
1415
14118 Further Allowance
1416
CHAPTER LXIII
1418
14122 By Whom Brought
1419
14125 In Włose Name Suit Brought
1420
14128 Execution
1421
14131 New Bond
1422
14134 Book to be Kept by Probate Court
1423
14137 Liability of Sureties of Prior Bond
1424
OF ADOPTION AND CHANGE OF NAMES PAGE 14138 Adoption of Minor Child
1425
14139 Consent Required
1426
14140 Mode of Adoption
1428
Adult Persons 14143 Power to Change Name of Adult
1429
CHAPTER LXV
1431
14146 Appeal Prohibited in Certain Cases
1434
14147 Appeai form Commissioners on Claims
1435
14148 When Allowed
1436
14150 Executors Claim Against Estate
1437
14153 Notice and Reason of Appeal
1438
14154 Appelant to File Certified Copy of Record
1439
14155 Circuit Court to Try Question
1440
14156 When Circuit Court May Allow Appeal
1442
14157 When Appeal not A lowed
1443
14159 Stay of Proceedings by Appeal
1444
14161 Surety on Bond May Support or Oppose Account of Execu tor
1445
14164 Costs
1446
14165 Execution for Costs
1447
OF THE JURISDICTION POWERS AND DUTIES OF JUSTICES OF THE PEACE PAGE 14166 Jurisdiction in Civil Cases
1448
14167 Jurisdiction of Actions Against School Districts
1451
14168 General Powers
1452
14170 Actions Against Corporations
1455
14171 Actions in Favor of County
1456
14174 No Court to be Held in Bar Room
1457
14176 Absconding Defendant
1459
14177 Forms of Action
1460
OF COMMENCEMENT OF SUITS AND SERVICE OF PROCESS IN JUSTICE COURTS 14178 Security for Costs
1461
14179 Suits for Personal Work and Labor
1462
14181 Process to be Signed
1463
14183 Confession of Judgment
1465
14184 When Suit Deemed Commenced
1466
14185 Summons
1467
14186 Service of Summons
1468
14187 Justice May Empower Person to Serve Process
1469
14189 New Summons
1470
14191 When Defendant is Nonresident
1471
14193 Initial Letters or Contraction of Christian Name
1472
14194 Suits Against Partnership
1473
14197 Sections Applicable to Justices ocess
1474
14199 Infant or Insane Plaintiff
1475
14201 Infant or Insane Defendant
1476
14204 Plaintiff May Appear and Conduct His Suit or Defense
1477
CHAPTER LXVIII
1478
14207 Subsequent Adjournments
1479
Observance of the Seventh Day 14208 Observance of the Seventh Day
1480
14209 Proceedings When Process Returnable on Seventh Day
1481
Of the Transfer of Causes 14212 When Justice May Deliver Papers to Other Justice
1482
14214 Transfer in Case of Vacancy
1484
CHAPTER LXIX
1485
14217 Actions on Accounts
1487
14218 Failure of Want of Consideration
1488
14221 Joinder of Counts
1489
14223 Amendment of Bill
1491
14226 Notice of Setoff or Recoupment
1493
14228 Balance Exceeding 300
1494
14229 Setoff by Executors
1495
14231 Plaintiff not to Discontinue
1496
14234 Bond of Defendant
1497
14236 When Justice to Proceed With Case
1498
14238 Pleadings to be Same When Suit Removed
1499
14239 Where Title Did Not Come in Question
1500
CHAPTER LXX
1501
14244 Fees for Serving Attachments How Paid
1502
14248 Disposition of Moneys Collected
1503
14251 When Defendant Fails to Appear
1504
14253 List of Eighteen Names to be Made
1505
14256 Parties May Agree Upon Jury
1506
14259 Peremptory Challenges
1507
14261 Oath of Jurors
1508
14265 Unnecessary Witnesses How Paid
1509
14267 Failure of Want of Consideration
1511
14268 Discontinuance as to Part of Defendants
1512
14270 Verdict to be Delivered Publicly
1513
14271 When Jury May be Discharged
1514
CHAPTER LXXI
1515
14273 Judgment for Defendant
1516
14275 Attorney Fee
1517
14277 Process Against Two or More and Service on Either
1518
14280 When Party May Remit Excess and Take Judgment for Balance
1519
14281 Transcript of Judgment
1520
14282 Clerk of Circuit Court to File Transcript
1521
14283 Effect of Judgment
1522
14284 Transcript from Justice of One County to Justice to Another County
1523
14285 Justice to Make Transcript
1524
14287 Effect of Judgment
1525
CHAPTER LXXII
1526
14290 When Execution to Command Constabie to Take Body
1528
14291 Death of Defendant After Levy and Before Sa e
1529
14294 When Execution to Issue Forthwith
1530
14295 Executions to Issue After Five Days
1531
14298 Execution Against Joint Debtors on Process not Personally
1532
14301 Limitation of Issue of Execution
1533
14304 Indorsement of Time of Levy
1534
14306 Sale of Goods
1535
14307 Return of Execution
1536
14310 Cost of Keeping Cattle
1537
14314 When to Take Body of Defendant
1538
14316 Constable to Proceed After Expiration of Term
1539
14319 Disposition of Surplus
1540
14321 Chapter Applicable
1541
CHAPTER LXXIII
1542
14325 When Plaintiff Entitled to Warrant in Other Cases
1543
14327 Command of Warrant
1544
14329 When Justice to Try Cause
1545
CHAPTER LXXIV
1547
14333 When Writ Returnable
1550
14337 When Plaintiff Entitled to Attachment
1552
14338 Bond
1555
14340 Service of Attachment
1556
14341 When Defendant Cannot be Found
1558
14342 Bond to Prevent Removal of Goods
1559
14344 Property to be Delivered Up
1560
14347 Several Attachments Against Defendant
1561
14350 When Plaintiff to Have Judgment
1562
14352 Bond for Discharge of Property
1563
14355 Action Against Foreign Corporation by Attachment and Garnishment
1564
14356 Rights and Liabilities of Garnishees
1565
CHAPTER LXXVI
1567
PART FOURFORMS OF PLEADING UNDER THE JUDICATURE
1570
14362 Form of Summons
1571
14363 Bond for Release
1572
14365 Liability of Garnishee
1573
14366 Warrant for Garnishee
1575
14369 Examination of Garnishee
1576
14370 Payments of Exemptions to Defendant
1579
14373 Declaration Against Garnishee
1581
14375 When Returnable
1583
14377 What Deemed Discontinuance Against Garnishee
1584
14379 Costs Against Garnishee
1585
14382 Levy and Sale of Property
1586
14385 Suit of Defendant Against Garnishee Barred
1587
14389 Summons in Such Cases
1588
14391 Duty of Officer Served
1589
14392 When Corporation Deemed Indebted to Defendant
1590
14394 Appeal
1591
14396 When Garnishee to be Released
1593
CHAPTER LXXVII
1594
14398 Fees of Jurors
1595
14399 Fees of Constables
1596
CHAPTER LXXVIII
1598
14402 Affidavit
1599
14403 Bond on Appeal
1601
14404 Sureties to Justify
1603
14407 When Justice Term Expires
1604
14409 How Bond or Recognizance Served When Justice Absent
1606
14412 Additional Particulars to be Returned
1607
14413 Filing Return
1608
14415 Amendment of Return
1609
14418 No Appeal Dismisses for Nonpayment of Costs
1611
14421 Appellee Not to Prosecute Bond Till Execution Returned Unsatisfied
1612
14423 Notice in Writing
1614
14424 Who to Allow Writ
1616
14426 Sureties
1617
14428 When Writ to Issue
1618
14431 Justice to Make Return
1619
14432 Court May Compel Return or Amendment
1620
14435 Costs
1622
14437 Return to Appeal After Expiration of Office
1623
14439 Expiration of Office During Time Allowed for Appeal
1624
14441 Return Compelled After Removal from County
1625
CHAPTER LXXIX
1626
14445 Record of Conviction
1627
14448 Adjournment of Cause
1628
GENERAL PROVISIONS
1629
14455 When Books to be Delivered to Clerk
1635
14466 Special Proceedings Retained
1642
CHANCERY PROCEEDINGS AFTER DEATH OF TRIAL
1650
14573 Charge Only as to the Law
1655
14578 Suit by Whom to be Brought
1662
14587 May Issue of Course
1668
DISTRIBUTION OF ESTATES OF BIGAMOUS PERSONS
1674
14622 Labor Debts Preferred Claims
1676
Clerk
1680
PartiesHow Named
1681
Writs of Error and CertiorariReturn
1682
Writ of Error of Joint Parties Proceeding Severally
1683
Proceedings in Mandamus Cases in this Court
1684
Cases MadeNotice of Filing 1685
1685
Service of PapersHow
1686
Service of PapersExclude Day of Filing
1687
MotionsService of Notice
1688
Time May be Shortened or Extended
1689
Printed RecordIndex Contents
1690
Printed RecordService of Copies in State and Criminal
1691
Printed BriefsWhen to be Filed
1692
Arguments of CausesCall of Cases Each Day
1693
Service on Party Prosecuting or Defending in Person
1703
Service RequiredWhen
1704
Stay of Proceedings to Make Motions
1705
Original Writs
1706
ProcessForm of Chancery SummonsServed How
1708
Compelling Return of Process
1710
DeclarationsForms Contents
1711
Plea General Issue Special Defenses
1712
Bills of Complaint
1714
Cross BillsAnd Answers Thereto
1715
Verifying Chancery Pleadings
1716
Supplemental Pleadings
1717
sailing Pleadings and Proceedings
1718
Default of Either Party Proceedings Thereon
1719
Execution of Written Instrument Admitted if not Denial on Oath
1720
Court May Require Parties and Witnesses to Testify
1721
Demand for Jury
1722
Conduct of Trials
1723
DiscontinuanceSeveral Defendants
1724
Demand for Speciai Findings of Fact and Law by the Court
1725
Special Leave to Appeal
1726
Jurisdiction in Mandamus and Certiorari Proceedings Quo Warranto
1728
Proceedings Before Commissioners
1729
Appeal From Order of Commissioner
1730
Restriction of Powers of Commissioners
1731
Enrollment of Decree
1732
Assignment by Plaintiff of SubjectMatter of a Chancery Suit
1733
Divorce Cases
1735
ReceiversPowers and Duties
1736
Moneys Deposited and DrawnClerk of Court
1737
Security by Guardian Ad Litem
1738
Taxation of Costs
1739
Case Made
1742
Order of Judge Presiding Outside of Where He Resides
1743
Appearance of Attorney
1744
Appointment of Guardians
1745
Securities for Bonds
1746
Assignment of Dower
1747
Guardian Ad Litem or Next Friend
1748
Withdrawal of Files and Records
1749
SUPREME COURT FORMS Bill of Exceptions and Case Made PAGE No 1 General Forms
1750
Notice of Settlement of Bill
1751
Amendments to Bill
1752
Case Made After Judgment with Findings of Court
1754
Exceptions to Findings
1755
Judgment Entered on Findings
1756
Statement of Errors in Case Made
1757
General Form
1758
Praecipe for Writ
1759
Notice of Rule to Join in Writ
1760
Order on Service of Notice of Writ
1761
Approval of Bond
1762
Form of Assignment of Errors
1763
Wrils of Habeas Corpus No 23 Petition for Writ
1764
Verification of Petition for the Writ
1765
Verification of Petition for Warrant to Arrest Prisoner
1766
General Form of Writ
1767
Proof of Service of Writ
1768
Return to it Party Produced
1769
Court
1770
Information Against a Corporation Exercising a Franchise Not Conferred Upon by Law
1771
Quo Warranto Proceedings General of Prosecuting Attorney
1772
Endorsement of Leave to File Information
1773
Rule to Piead in Quo Warranto
1774
No 43 Rule for Substituted Service in Quo Warranto
1775
Iril of Prohibition No 46 Alternative Writ of Prohibition and Order to Cause
1776
General Motions and Notices No 47 Form of Notice of Motion
1777
Countermand of Notice of Hearing
1778
Decrees No 52 Decree Below Affirmed
1779
Judgment Below Reversed 1750
1780
Judgment Below Affirmed
1781
Form of Clerks Certificate after Judgment
1782
No 56b Verification of Petition for Mandamus
1783
No 56e General Form of Certificate of Clerk 1754
1784
No 56f General Form of Return to Order to Show Cause
1785
Outline of Delcaration
1786
General Form of Affidavit
1787
Declaration Against a Surviving Partner
1788
Declaration Against a Corporation Defendant
1789
Declaration by One for Himself and Others
1790
Declaration by Executor
1791
Declaration by Infant Suing by General Guardian
1792
Declaration by Guardian or Committee of Lunatics etc
1793
Declaration by Board of Officers
1794
Declaration by Receiver Appointed Pending Litigation
1795
Bill of Particulars of Plaintiffs Demand
1796
Declarations and Pleas in Assumpsit Particular Cases No 83 Declaration on an Account
1797
Declaration for Necessaries Furnished to Wife or Infant Child of Defendant
1798
Declaration for Breach of Promise to MarryMarriage with Another
1799
Declaration for Contribution to One Joint Debtor
1800
General Form of Affidavit When Attachment is Issued after Commencement of Sut by Summons or Declaration
1801
Citation to Plaintiff on Petition for Dissolution
1802
Order Dissolving Attachment and Awarding Costs
1803
Garnishment Judgment
1804
Before Commencement
1805
Affidavit Based on a Judgment in the Circuit Court
1806
received Property Under Void Conveyance
1807
Writ of Garnishment Based on Transcript
1808
Disclosure of Garnishee Denying all Liability
1809
Answers of Garnishez to Special İnterrogatories
1810
Petition Based on Garnishees Failure to Appear for Exami nation
1811
Order for Appearance of Garnishee
1812
Notice to Foreign Corporation
1813
Declaration on Loss Payable to Mortgagee
1814
Declaration on Renewal Policy
1815
Declaration by Executor on Life Policy
1816
Declaration by Wife Partner or Creditor of Insured
1817
Declaration on a Policy of Marine Insurance on Open Policy
1818
Declaration for Partial Loss and Contribution
1819
Declaration on Express Contract
1820
Discharge Before Termination of Employment
1821
Deciaration by Assignee of Lender Against Borrower
1822
Declaration for Money Had and Received
1823
Negotiable Instruments No 132 Declaration Against Maker of Note
1824
Declaration by First Indorse? Against Maker
1825
Declaration by Payee Against Drawer
1826
Notice of Special DefenseFraud in Procuring Note
1827
Declaration by Surety for Money Paid on Undertaking on Appeal
1828
Warranty No 142 Declaration on the Soundness of Horse
1829
Declaration on Sale by Sample
1830
Declaration by Purchaser Against VendorBreach of Agree ment to Convey
1831
Declaration on Covenant of WarrantyFailure of Title
1832
Plea with Objections and Notice
1833
Special Defenses
1834
Accord and Satisfaction
1835
Statute of Limitations
1836
Formal Parts of Plea No 165 General Issue
1837
Several Defenses
1838
Counterclaim by a Lunatic etc
1839
Pendancy of Another Action Pending
1840
Petition for Habeas Corpus to Testify
1841
Habeas Corpus to Inquire into Cause of Detention
1842
Notice to Party Interested of Issuing Writ
1843
Order to Show Cause from Circuit Court on Application for Mandamus
1844
Alternative Writ of Mandamus
1845
Quo Warranto No 184 Information in the Nature of a Quo Warranto by Attorney General or Prosecuting Attorney Against an Individual for Usurpin...
1846
Information by a Private Citizen
1847
not Conferred by Law
1848
Corporation
1849
Rule to Plead in Quo Warranto
1850
Plea to Information
1851
Rule for Substituted Service in Quo Warranto
1852
Declarations Pleas and Notices in Trespass on the Case Replevin No 197 Declaration
1853
Affidavit to be Annexed to Writ of Replevin
1854
Declaration by Husband for Assault on Wife
1855
Capias No 204 Affidavit in Action Based on Contract
1856
Civil Damage Act No 206 General Form of Declaration
1857
Common Carrier No 207 Declaration for Breach of Duty
1858
Declaration on Special Contract for Loss of Goods
1859
Deciaration for Failure to Deliver at Time Agreed
1860
Declaration Against Vessel for Disregarding Notice to Keep Dry
1861
Declaration for Conversion
1862
Declaration by Administrator after Conversion
1863
Declaration for Goods Taken from Possession of Bailee
1864
Declaration by Seller Against Buyer under Contract for Sale
1865
Forcible Entry or Detainer No 223 Declaration for Forcible Entry
1866
Declaration for Forcible Entry and Detainer
1867
Fraud and Deceit No 226 Declaration for Obtaining Goods by Fraud
1868
Declaration for Fraudulent Representation as to Quantity of Land Sold
1869
Declaration for Fraud or Deceit in Quality of Goods Sold
1870
Declaration for Fraudulently Representing Goods Sold to be Property of Seiler
1871
Libel and Slander No 233 Declaration for Libel
1872
Declaration for Libe Charging Crime in Words not Libelous on Face
1873
Declaration for Siander Words Spoken in Foreign Language
1874
Declaration for Slander Charging Criminal Offense
1875
Plea and Notice of Justification
1876
Notice of Privileged Communication
1877
Declaration for Injury from Water
1883
Seduction
1889
CIRCUIT COURT IN CHANCERY FORMS Titles and Address PAGE No 269 The Title of Court
1894
Commencement by an Infant by His Guardian
1895
Verifications No 282 Jurat to Affidavit
1896
Verification by Next Friend of Infant
1897
Verification to Bill for Divorce
1898
Default No 290 Affidavit of Failure of Plaintiff to Serve a Copy of Bill
1899
Affidavit on Default of Defendant
1900
Affidavits for Substituted Service No 295 Affidavit of NonResidence of Defendant and Stating Place
1901
Decrees or Orders No 298 Captain of Decree or Order in Circuit Court
1902
General Form of a Decree or Order
1903
Judgment Creditors Bill Against Debtor to Set Aside Fraudulent Judgment and Sale
1905
Judgment Creditors Bill Against Judgment Debtor and Assignee to Set Aside Assignment
1906
Bill in Aid of an Execution
1908
Decree in a Fraudulent Conveyance in Aid of an Execution
1910
Judgment Creditors Proceedings No 306 Bill with Double Aspect
1911
Contribution No 307 Bill Against Cosureties Upon Promissory Note
1914
Bill for Divorce for Adultery
1915
Bill for Divorce for Desertion
1916
Bill for Divorce on Conviction for Felony
1917
Bill for Divorce for Impotency
1918
Petition for Alimony and Expenses
1919
Notice of Motion for Alimony
1920
Foreclosure of Mortgage No 319 Bill for Foreclosure of Mortgage on Real Property
1922
Bill for Foreclosure by Assignee of Mortgagee
1923
Fraud and Deceit No 321 Bill for Recission of Contract for Fraud
1924
Bill of Injunction to Restrain Threatened Injury to Chattels
1925
Bill of Injunction to Restrain Use of TradeMark and for Damages
1926
Bill of Injunction to Restrain Waste
1927
Interpleader No 326 Bill of Interpleader
1928
Mechanics Liens and Building
1929
Bill by Contractor to Foreclose Mechanics Liens on Land No 328 Bill by Contractor to Foreclose Mechanics Lien on New Structure
1933
Bill by Subcontractor
1936
Bill by Laborer
1940
Bill by Materialman
1944
Mistake No 332 Bill for Rescission of Contract on Ground of Mistake
1948
Partnership No 334 Bill for Dissolution of Partnership
1949
Probate of Foreign Will No 335 Bill to Probate a Foreign Will
1950
Real Estate No 336 Bill to Quiet Title
1952
Bill to Reform Conveyance in Boundary
1953
Bill for Specific PerformanceVandee Against Vendor
1954
Bill to Enforce Agreement to Make a Lease 1955
1955
Bill by Surety to be Subrogated to Rights of Mortgagee
1957
Chancery Appeals No 343 Claim of Appeal in Chancery
1959
Notice of Application for Approval of Bond on Appeal
1960
Notice of Appeal
1961
Affidavit for Order Extending Time for Return
1962
Notice of Extension
1963
Notice to Quit for NonPayment of Rent
1964
Complaint to Recover Possession of Land Under Contractual Holdings
1965
Return of Service of Notice
1966
Complaint for Forcible Detainer
1967
Warrant for Forcible Entry
1968
Affidavit for Appeal
1969
Bond of Appeal
1970
Notice of Intention to Remove a Case by Certiorari
1971
Bond of Certiorari Where Judgment Was Against the Party Bringing It
1972
Notice Declaring Forfeiture of Land Contract
1973
PROBATE COURT FORMS Proceedings for Orders and Decrees No 366 Petition
1974
Proof of Service
1975
Proof of Publication
1976
Subpoena
1977
Affidavit for Taking Deposition 1978
1978
Order for Commission to Take Testimony
1979
Commission to Take Testimony
1980
Exemplification of Record
1981
Notice to File New Bond
1982
Order Appointing Administrator
1984
Letters of Administration
1986
Petition for Appointment of Guardian Ad Litem
1987
Acceptance of Trust by Guardian Ad Litem
1988
Appraisers Warrant and Inventory
1989
Petition for Widows Allowance
1990
Order for Personal Service
1991
Proof of Service
1992
Petition for Hearing Claims Before Court
1993
Notice of Hearing Claims Before Court
1994
Affidavit of Posting Notice of Hearing Claims
1995
Petition for Appointment of Commissioners of Claims
1996
No 403a Order Appointing Commissioners on Claims
1997
Commissioner on Claims Warrant
1998
Report of Commissioners
1999
Notice of Meeting of Commissioners on Claims
2000
Certificate of Allowance of Claims by Commissioners
2001
Petition to Compound a Debt
2002
Order to Compound a Debt
2003
Petition for Extension of Time for Settling Estate
2004
Order Extending Time for Settiing Estate
2005
Account of Administrator
2006
Summary No 418 Order for Hearing and Notice
2007
Order for Publication
2008
Proof of Publication
2009
Order Assigning Residue of Estate
2010
Petition for Assignment of Residue Estate
2011
Discharge of Administrator
2012
Petition for Partition
2013
Order for Hearing and Notice
2014
Order Appointing Commissioners
2015
Notice of Meeting of Commissioners
2016
Order Confirming Partition
2018
Petition for Probate of Will
2019
Notice to Foreign Consul
2020
Order Admitting Will to Probate
2021
Petition for Appointment of Guardian Ad Litem
2023
Bond of Residuary Legatee
2024
Bond of Executor of Administrator
2025
Letters Testamentary
2026
Letters Testamentary Residuary Legatee
2027
Inventory
2028
Petition for Widows Allowance
2029
Proof of Service
2030
Petition for Allowance of Lost Will
2031
Petition for Allowance of Foreign Will
2032
Order for Publication
2033
Order Admitting Foreign Will
2034
Clause to be Inserted in Petition for Probate of a Nona cupative Will
2035
Clause to be Inserted in Decree for Probate of a Noncupa tive Will
2036
JUSTICE COURT FORMS Summons No 456 Summons 037
2037
Return of Summons Against Several Persons
2038
The Justices Docket No 461 Entries in Justices Docket
2039
Matters in Relation to Process No 462 Deputation for Service No 463 Security for Costs by NonResidents Before Suit
2040
Security for Costs Where Plaintiff has Removed from the County
2041
Appearance of Infants No 468 Consent and Appointment of Next Friend for an Infant Plaintiff
2042
Consent and Appointment of Guardian
2043
Subpoena Duces Tecum 2014
2044
Return of Service of Subpoena
2045
Compelling Attendance of Witness by Attachment
2046
Oath of Materiality of Defaulting Witness
2047
Commitment of a Defauiting Witness
2048
Warrant Service and Return No 482 Affidavit for Warrant on Contract
2049
Affidavit in Case of Tort
2050
Return to Warrant
2051
Oath to Surety
2052
Declaration by the State for a Penalty
2053
Declaration for Goods Sold and Delivered
2054
Declaration for Promissory Note by Payee Against Maker
2055
Declaration for Assault and Battery
2056
Bills of Parliculars
2063
Return When Defendant not Found
2069
Garnishment
2079
Warrant Against Garnishee Neglecting to Appear
2080
Return to the Warrant
2081
Bond in Replevin
2082
Writ of Replevin
2083
Return to Writ of Replevin
2084
Summons
2085
Pleas of General Issue and Notice of Defense
2086
Verdict for Defendant on General Issue and Notice of Property in Defendant and Judgment
2087
Execution for Defendant for Return and Damages and Costs
2088
Execution for Defendant for Value Damages and Costs
2089
Pleas and Notices No 557 Plea of General Issue and Notice of Defense
2090
Notice that Cause of Action did not Accrue Within Six Years
2091
Notice of Defense in Bar Puis Darrein Continuance
2092
Notice of Recoupment
2093
Venire
2094
Oath to Witness on Trial of Challenge
2095
Affidavit for Taking Deposition
2096
Notice by the Party Taking Deposition
2097
Affidavit of Service of Notice in Taking Deposition
2098
Oath to Witness
2099
Certificate to be Annexed to the Deposition
2100
Record of Conviction for a Contempt
2101
Commitment for a Contempt
2102
Appeals to the Circuit Court No 581 Affidavit for Appeal
2103
Bond on Appeal
2104
Justices Certificate of an Appeal Made
2105
Certiorari to the Circuit Court No 589 Notice of Intention to Remove a Case by Certiorari
2107
Bringing it
2108
Condition of Bond When Judgment was for the Party Pro curing the Writ
2109
Certificate to Suspend Execution
2110
Amended Return
2111
Execution
2112
Notice of Intention to Apply for Execution
2113
Oath of Necessity
2114
Endorsement on Execution Against Joint Debtor
2115
Oath by Constable to Appraiser to be Endorsed on Inven 1 No 608 Appraisal to be Endorsed on the Inventory
2116
Notice of Constables Sale
2117
Renewal Where a Part has been Paid or Collected
2118
Certificate to Transcript
2119
Certificate Where Judgment was Rendered by Another Justice
2120
APPENDIX Amendments by the Legislature of 1921
2121
General Index 2137
5
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