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PERPETUATE

Application for order to

perpetuate testimony, § 2084 Testimony, of witness may be

perpetuated, §§ 2083, 2084 PERPETUATING TESTIMONY. See Depositions; Evidence Mode of, § 2083

PERSON

Appealing, dies, § 941 Application; change of name, §§ 1275-1279

Confined under civil process; discharge of, §§ 1143-1154 Evidence relating to a third

person, § 1851 Handwriting of, how proved, §§ 1943-1945 Holding over must vacate property, § 1161a Injury to, what is, § 29 Present in court may be

compelled to testify, § 1990 Rights of; how affected, § 1848 Third person claiming property

under attachment, § 549 Witness, who cannot be, § 1880 Witness, who may be, § 1879 Word person, includes what, § 17

PERSONS

Estates of missing persons, §§ 1822, 1822c

Evidence relating to third,

§ 1851

Testimony to be given in presence

of affected, § 1846

PERSONAL PROPERTY. See

Claim and Delivery; Execution; Lien; Mortgage; Sale; Transfer Action for partition, who may bring, § 752a

Action for recovery; mistake in
affidavit, § 473

Action for recovery of, § 341
Action to foreclose lien,

§§ 726-729a

Action to recover, application, § 389

Adverse claim to, § 1050

Affidavit in claim for delivery of,

§ 510

Amended pleadings in action to recover, § 473

PERSONAL PROPERTY - Cont'd
Attachment of, § 542
Claim and delivery of,

§§ 509-521

Claim of by third person, § 519
Defendant in action of specific
personal property, § 386
Defendant, when entitled to

redelivery of, § 514

Delivery of, when may be claimed, § 509

Exception to sureties;

justification, § 513
How attached, § 541
How kept, § 518

How taken when concealed,
§ 517

Includes, money, goods, chattels,
things in action, and evidence
of debt, § 17

Joinder of actions, § 427
Justification of defendant's
sureties; § 515

Limitation, action for injury to,
§ 338

Not capable of manual delivery,
§ 698

Notice and affidavit in claim;
where filed, when, § 520
Protection of plaintiff in

possession of, § 521
Qualification of sureties; claim

and delivery, § 516

Release of attachment or

garnishment, § 542b
Requisition to marshal to take
and deliver, § 511
Requisition to take and deliver,
§ 511

Security by plaintiff in claim
for delivery, § 512

Under attachment, claimed by
third party, § 549

When plaintiff may claim
delivery, § 509

PERSONAL SERVICE. See
Notice; Papers; Service

PETITION

Change of name, what must

specify, § 1276

May file within five years after

judgment; escheated property, § 1272

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conditions precedent, how to be
pleaded, § 457

description of real property in a
pleading, § 455

filing and service of pleadings,
§ 465

judgments, how pleaded, § 456
libel and slander, how stated

in complaint; not

necessary to allege or prove
special damages, § 460
material allegation defined,
§ 463

pleadings to be liberally

construed, § 452

private statutes, how pleaded,
§ 459

sham and irrelevant answers,

etc., may be stricken out,
§ 453

PLEADINGS - Cont'd

General rules - Cont'd
statute of limitations, how
pleaded, § 458
supplemental, revival of

judgment, § 685

variance in, § 469

variance, what not deemed
material, §§ 470-471
verification of, § 446
what allowed in, § 422
what are,
§ 420
Pleadings in civil actions,

§§ 420-476

Code prescribes the form and
rules of pleading, § 421
definition of pleadings, § 420
Pleadings in general

a judgment, how, § 456
action commenced by filing

complaint, § 405

action on joint contract, § 993
amended, to bring in necessary
parties, § 389
amendment, time for

application, § 473

amendment, what allowed,
§§ 472, 473

amendments, service of, party

defaulting, or not
appearing, § 476

answer, after demurrer, when
time to, § 476

answer may contain several,
§ 441

Code prescribes the form and

rules of pleadings, § 421
complaint, first pleading, § 425
complaint, what to contain,
§ 426

conditions, precedent, how,

§ 457

court may order amended,

when, § 389
cross complaint, § 442
cross demand, §§ 439, 440
defective, validity of, § 1046
definition of pleadings, § 420
demurrer, §§ 430, 431
divorce, § 1019

extension of time, § 1054

first; complaint, § 425
filing of, where, § 465

general rules of, §§ 452-465

PLEADINGS- Cont'd

Pleadings in general - Cont'd
issues arising from, §§ 588-590
joint contract, what constitutes,
§ 993

joint debtors, § 993

judgment, of, how, § 456

judgment roll, as part of, § 670
libel. See Libel.

lost, how supplied, § 1045
material allegation; what is,
§ 463

mistakes in, § 469

objections to, waiver, § 434
original lost, how supplied,
§ 1045

parties, §§ 367-389

pleadings, what allowed, § 422
separately stated, causes, § 427
separately stated, defense,

§ 441

service in, when adultery
charged, § 1019

service of, copy of, § 465
special issues, § 309

statute of limitation, § 458
statutes, private, how, § 459
Variance, mistakes and

amendments in pleadings,
§§ 469-476
amendments in, § 472
errors and defects and reversal

of judgment, § 475
immaterial variance, how
provided for, § 470
pleading may be amended;

time for application; action
to recover personal
property, § 473

suing a party by a fictitious

name, when allowed, § 474
time to answer after demurrer,
§ 476

variance, § 469

what not to be deemed a

variance, § 471

Verification of pleadings, §§ 446-
449

execution of an instrument

when not deemed admitted,
§ 449
verification of pleadings, § 446

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Singular and plural, how
included, § 17

POLICE COURT
Judge of, § 101
Jurisdiction, § 102

POSSESSION. See Claim and
Delivery; Real Property
Execution for delivery of real

or personal property in, § 682
Personal property, of; protection
to plaintiff in, § 521
Real property, of; when presumed,
§ 321

Real property, what constitutes
adverse, §§ 323, 325

Relations of landlord and tenant

affecting adverse, § 326
Right of, when not affected, § 327
POSTPONEMENT. See Action;

Trial

Costs may be imposed, § 1029
Trial, nonreturn of commission,

§ 2027

Trial, when not to be in taking
deposition, § 2027
PRACTICE. See Courts; Pleading;
Rules

Practice generally

action commenced, when, § 350
actions, consolidated or severed,

§ 1048

agreed case. See Agreed Case
bill of exceptions. See Bill of
Exceptions

calendar. See Calendar
clerk to take testimony when
no reporter, § 1051
confession of judgment. See
Confession of Judgment

costs. See Costs

discussion of law, addressed to

court, § 2102

error, disregarded, unless

material, § 475

PRACTICE-Cont'd

Practice generally - Cont'd

issues. See Issues

modes in which testimony

taken, § 2002
motions. See Motions
orders. See Orders
pleadings. See Pleadings
preference. See Preference
Preliminary provisions of

practice act, how cited, § 19
civil and criminal remedies
not merged, § 32
computation of time, § 12
criminal actions, § 31

division of injuries; two kinds,
§ 27

holidays, what not done on,
§ 13

injuries to person, § 29
injuries to property, § 28
joint authority, § 15
judicial remedies, § 20
limitations, shall continue
to run, § 9
obligations defined, § 26
retroactive; Code not, § 3
words, phrases, construed, § 16
words used, include, § 17
PRECEDENT. See Pleading
Condition precedent, how pleaded,
§ 457

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PRESUMPTIONS

Ancient document presumed

genuine, § 1963
Binding on judges, § 1961
Books containing laws of foreign
country or sister state, § 1900
Conclusive-

conclusive, what is, § 1962
enumeration of, § 1962

from leading another to believe
certain things and act upon
it, § 1962
generally, § 1962

guilty intent, from unlawful
act, § 1962
judgment, § 1962

legitimacy, § 1962

malicious intent, § 1962
order of court, §§ 1908, 1962
presumptions, conclusive by
statute, § 1962

recital in written instrument,
§ 1962

tenant cannot deny landlord's
title, § 1962

Controverted, judges to find

according to unless, § 1961
Controverted, may be, unless,
§ 1961

Controverted, are satisfactory
unless, § 1963

Controverted, which may be,
when, § 1963
Controvertible, generally,

§§ 1961, 1963
Definition of, § 1959
Disputable -

acquiescence, presumption
from, § 1963

ancient writings, genuineness

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PRESUMPTIONS - Cont'd

Disputable - Cont'd

consideration for bill or note,
§ 1963

consideration for endorsement,
§ 1963

consideration for contract,
§ 1963

consideration from writing,
§ 1963

continuance of thing, § 1963
course of business, followed,
§ 1963

course of nature, or habits of
life, followed, § 1963
court acting within jurisdiction,
§ 1963

date, correct, § 1963

death, after seven years, § 1963
death, priority of, in common
disaster, § 1963

delivery, § 1963

delivery from possession of

order for, § 1963

endorsement of bill or note,

§ 1963

evidence suppressed would be

adverse, § 1963

evidence, that higher would be
adverse from inferior,

§ 1963

fraud, that private transactions
fair and regular, § 1963
generally, § 1963

identity of person from identity
of name, § 1963

innocence, § 1963
issue, matters in, § 1963

judge acting within jurisdiction,
§ 1963

judgment correctly determines
rights, § 1963
judicial orders, § 1909
jurisdiction that court or judge

acts within, § 1963
judges, that matters in issue

were laid before and
determined by, § 1963
law has been obeyed, § 1963
legitimacy, § 1963
letters mailed were received,
§ 1963

marriage of persons acting as

husband and wife, § 1963

PRESUMPTIONS- Cont'd
Disputable - Cont'd

may be rebutted by evidence,
§ 1961

money paid was due, § 1963
non-conclusive judicial record
correct, § 1963

obligation delivered, paid,
§ 1963

officer regularly appointed,
§ 1963

official duty performed, § 1963
ordinary care taken of one's
own concerns, § 1963
ordinary course of business,
§ 1963

ordinary course of life, § 1963
ordinary course of nature,

§ 1963

ownership from acts of
ownership, § 1963

ownership from possession,

§ 1963

partnership existed, § 1963
payment of rent or installments
on producing receipt, § 1963
regularity in private

transaction, § 1963
rent, last receipt for, § 1963
survivorship, § 1963
suppressed evidence adverse,
§ 1963

that one takes ordinary care

of his own concerns, § 1963
trustee has conveyed, § 1963
unlawful intent, § 1963
witness presumed to speak
truly, § 1847
Document over thirty years

presumed genuine, § 1963
Error not presumed prejudicial,
§ 475

Evidence, presumption may

prevail, when, § 2061
Foreign court, that it acted

within jurisdiction, § 1963
Marriage, presumption of, § 1963
Officer regularly appointed, § 1963
Partnership, presumption as to,

§ 1963

Possession presumed to be with
holder title, § 321
Possession, presumption of
ownership, § 1963

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