PLEADING AND PRACTICE ALSO CONTAINING 1900 FORMS ADAPTED TO PRACTICE IN CALIFORNIA, ALASKA, ARIZONA, IDAHO, BY WILLIAM A. SUTHERLAND OF THE CALIFORNIA BAR IN FOUR VOLUMES VOL L SAN FRANCISCO: BANCROFT-WHITNEY COMPANY, LAW PUBLISHERS AND LAW BOOKSELLERS. PREFACE. If there is one branch of general law of more importance to the trial lawyer than another, it is undoubtedly that dealing with pleading and practice—with the production and disposition of issues between contending parties in court. Under the "code system" of procedure, no matter what the subject of the litigation may be, or what may be the branch of substantive law which will determine the controversy, the issue must be reached and finally disposed of by the application of certain more or less well-defined and uniform rules, laid down in the first instance by statute and finally interpreted and construed by the courts. In the preparation of this work, it has been the aim of the author to set forth these rules as given by the legislatures of the code states, particularly those of the Pacific slope, and to show the application thereof by the courts. With this object in view, statutes have been carefully compared and the latest decisions have been examined and harmonized. More than nineteen hundred forms, the great majority of which have been judicially approved, are suggested for use under appropriate heads. For the convenience of the practitioner, each particular subject treated is embraced in a single chapter. In this chapter there will be found a statement of the rules of pleading and practice applicable to the subject, much of the substantive law of the subject, and all of the forms suggested for use in the proceeding involved. It is believed that this arrangement of the work will commend itself to the profession. Judicial or statutory authority has been cited for every statement made. In a work of this scope, however, it would be impracticable, and even undesirable, to include all decisions pertinent to a given point, and no attempt has been made to do so. Merely cumulative |