LAW STENOGRAPHER THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES fe d V^J-"'- ^ (. WN Baker, -' <=, HOW TO BECOME A LAW STENOGRAPHER A COMPENDIUM OF LEGAL FORMS CONTAINING A COMPLETE SET OF LEGAL DOCUMENTS ACCOMPANIED WITH FULL EXPLANATIONS AND DIRECTIONS FOR ARRANGING ON THE TYPEWRITER FOR STENOGRAPHERS AND TYPEWRITER OPERATORS AN INDISPENSABLE COMPANION FOR EVERY STENOGRAPHER INTENDING TO TAKE A POSITION IN A LAW OFFICE COMPILED BY W. L. MASON A Law and Convention Reporter of Thirty Years' Experience ; Late Teacher of Stenography and Typewriting in the Mechanics' Institute and the De Witt Clinton High School ; and for twelve years Principal of the Metropolitan Shorthand School, New York |S/\ 52M K / -7 > 7 PREFACE THIS Compendium of Legal Forms is designed to afford a ready and practical aid to familiarity with law work, and is intended for use in High Schools and Business Colleges, as well as by individual stenographers who desire to prepare themselves to fill lucrative positions in law offices, or as court reporters. The book contains a large number and variety of forms, together with directions for arranging the same on the typewriter, as well as explanations of peculiar terms and expressions used by lawyers, and a carefully compiled list of the Latin phrases in more common use, with definitions, as found in legal papers. In using this Compendium, each document should be carefully studied, both as to its form and contents, then written on the typewriter several times, until it can be typed rapidly with ease and accuracy. Certain paragraphs should be memorized as indicated. The arrangement of headings, paragraphs, endings, etc., as given in the book, should be strictly followed. The forms herein presented for study are authentic legal documents, used in real legal transactions, or in actual trials of cases, and are not theoretical compilations of the compiler. ,1 In preparing this new and revised edition of a work which has already had a wide circulation, and proven to be very popular, as well as invaluable to the ambitious stenographer and to the teacher of shorthand and typewriting who is aiming to prepare his students to enter law offices, several new features have been introduced, among them being a set of legal documents peculiar to other sections of the country outside of New York. Another useful feature of this work is the very full Index with cross references, enabling a student to find at a glance not only any kind of legal document in common use contained in the preceding pages, but most of the terms and expressions employed in law offices. Still another feature is the full explanation of each document, the meaning of which is not obvious at a glance. The compiler of this work desires to express his appreciation of valuable aid afforded him by Mr. Charles T. Conger, Principal of the High School at Bakersfield, California, Judge C. L. Claflin, Attorneys W. B. Beaizley, Fred Borton, and others who have made suggestions from time to time which have materially increased its value and efficiency. San Antonio, Texas, May 1st, 1909. TABLE OF CONTENTS PACK SUGGESTIONS . . . . . .9 LEGAL FORMS . . . . . .11 COURT DOCUMENTS . . . . . .11 COMPLAINT . . . . . . .13 SUMMONS . . . . . . .14 ENDORSEMENT . . . . . .15 ANSWER . . . . . . .16 ANOTHER FORM OF COMPLAINT . . . .18 ANOTHER FORM OF ANSWER . . . . .19 AFFIDAVIT TO OBTAIN AN ORDER REFERRING THE ISSUES . 20 AFFIDAVIT OF ATTORNEY FOR ACCOUNTING EXECUTOR . 22 AFFIDAVIT CERTIFYING TO CORRECTNESS OF ACCOUNTANT'S REPORT . . . . . . .24 AFFIDAVIT OF MORTGAGOR . . . . .25 AFFIDAVIT ASKING FOR AN ORDER TO FILE AN AMENDED COMPLAINT . ^ . . .26 ORDER PERMITTING PLAINTIFFS TO AMEND COMPLAINT . 27 AFFIDAVIT FOR A COMMISSION TO EXAMINE A WITNESS WITHOUT THE STATE . . . . . .28 ORDER FOR A COMMISSION TO EXAMINE WITNESS ON INTERROGATORIES . . . . .29 COMMISSION . . . . ' . . .30 INTERROGATORIES . . . . . .31 CROSS-INTERROGATORIES . . . . .32 DEPOSITION . . . . . . .33 SPECIAL TERM ORDER . . . . .35 NOTICE OF TRIAL . . . . . .36 NOTICE TO PRODUCE . . . . . .37 PETITION . . . . . . .38 CONSENT . . . . . . .40 EXECUTOR'S OATH . . . . . .41 INTRODUCING EVIDENCE . . . . .42 FORM OF HEADING FOR TESTIMONY . . . .43 TRANSCRIBING TESTIMONY . . . . .45 TESTIMONY OF HENRY RAYMOND . . . .48 BILL OF COSTS . . . . . .50 ENDORSEMENT FOR BILL OF COSTS . . . .52 BRIEF . . . . . . .53 OPINION . . . . . . .55 5 6 TABLE OF CONTENTS PASE JUDGMENT DISMISSING COMPLAINT . . . .58 JUDGMENT UPON REPORT OF REFEREE . . .59 WILL . . . . . . .60 DEED (NEW FORM) . . . . . .62 SEARCH . . . . . . .64 OLD FORM OF DEED . . . . . .65 MORTGAGE . . . . . . .68 BOND . . . . . . .70 BOND WITH INTEREST CLAUSE . . . .71 BOND OF INDEMNITY . . . . .72 LEASE . . . . . . . .73 SCHEDULE OF RECEIPTS AND EXPENSES . . .74 GENERAL ASSIGNMENT . . . . .75 ASSIGNMENT OF CLAIM . . . . .76 AGREEMENT . . . . . . .77 AGREEMENT OF CREDITORS . . . . .78 POWER OF ATTORNEY . . . . .79 ANOTHER FORM OF POWER OF ATTORNEY . . .80 RELEASE FROM COPARTNERSHIP LIABILITY . . .81 GENERAL RELEASE . . . . . .82 SOME WESTERN LEGAL FORMS . . . .83 CALIFORNIA COMPLAINT . . . . .83 DEMURRER . . . . . . .87 AMENDED COMPLAINT . . . . .89 ORDER PERMITTING AMENDED COMPLAINT TO BE FILED . 91 AFFIDAVIT OF SERVICE BY MAIL . . . .92 CALIFORNIA ANSWER . . . . . .93 NOTICE OF TRIAL . . . . . .95 CALIFORNIA BRIEF . . . . . .96 FINDINGS . . . . . . .98 DISMISSAL . . . . . . .100 COST BILL . . . . . . .101 BILL OF EXCEPTIONS . . . . . .103 PROPOSED AMENDMENTS TO PROPOSED BILL OF EXCEPTIONS . 106 NOTICE OF APPEAL . . . . . .107 DECREE OF FORECLOSURE . . . . .108 WRIT OF CERTIORARI . . . . .111 COMPLAINT . . . . . . .113 AFFIDAVIT FOR ATTACHMENT. . . . .115 UNDERTAKING . . . . . .116 PETITION . . . . . . .118 BOND 120 TABLE OF CONTENTS 7 PAGE ORDER OF REMOVAL OF CAUSE . . . .122 AMENDED COMPLAINT . . . . .123 NOTICE OF MOTION . . . . . .125 VERDICT . . . . . . .127 JUDGMENT . . . . . . .128 BILL OF COMPLAINT IN U.S. CIRCUIT COURT . . .130 ORDER EXTENDING TIME TO DOCKET CAUSE . . .134 ORDER TO SHOW CAUSE . . . . .135 ACTION ON NOTE . . . . . .137 MOTION FOR COSTS . . . . . .138 SUBPOENA AD RESPONDENDUM (NEVADA) . . .139 MOTION FOR NEW TRIAL (MISSOURI) . . . .140 CONTEST NOTICE . .: . . . . 141 ASSIGNMENT OF CLAIM (TEXAS) . . . .142 DEED (ILLINOIS) . . . . . .143 POWER OF ATTORNEY (CALIFORNIA) .... 144 REVOCATION OF POWER OF ATTORNEY . . .145 PROXY ....... 146 QUIT-CLAIM DEED (CALIFORNIA) . . . .147 BILL OF SALE (INDIANA) . . . . .148 QUIT-CLAIM DEED (INDIANA) . . . . .149 WILL (ILLINOIS) . . . . . .150 LETTERS RELATING TO LAW WORK . . . .151 LIST OF LATIN PHRASES WITH DEFINITIONS . 154 SUGGESTIONS TO TYPEWRITER OPERATORS FOR ARRANGING LEGAL FORMS ON THE MACHINE 1. ALL words printed in capital letters in the following pages should be written " All Caps " on the machine. 2. Use ruled legal paper, thirteen inches long by eight inches wide, with red marginal lines, and write on only one side of the sheet. The only exception to this rule is a Will, which is some- times written on both sides of a legal sheet. In New York practise, Court documents may now be written on paper 8x10 inches, with marginal lines. 3. Set the right hand red line at 71, and the left marginal stop two spaces from the red line on the left side. Paragraph five spaces in from the margin. 4. In Court documents for use in New York Courts, run an ordinary " box," containing the title, thirty spaces from the left hand margin, using hyphens for the upper and lower lines of the " box," and colons, or right parenthesis marks, for the side. Above this " box " place the name of the Court, as shown in the following pages. An easy way to do this is to write first the name of the Court, centering it between the margin (if at 10) and 40, or (if at 6) 36, then the upper line of hyphens, ending same with a small x, then the name of the plaintiff or plaintiffs, and so on, until ah 1 the title has been written ; then make the bottom line of hyphens, and then, holding down the shift key (for single keyboard) and the space bar, strike the colons one after the other, turning the carriage back after each with the right hand. Other documents arrange as printed. 5. Begin all legal documents six full spaces from the top of the page. 6. Leave plenty of space for all blanks half a line to a line for a name, date, or sum of money. 7. Do not write the name of a document on the face thereof, except in Western forms where shown. 8. Write all New York State documents in black ink, on medium weight paper, and for duplicate copies use black carbon. 10 SUGGESTIONS 9. Fasten, with brass staples, each copy of every document to a colored " back," with the top folded over about an inch and a half, and endorse the " back " with the caption, the name of the document, and the name and address of the attorney. If the back furnished for binding the document does not contain an " Admission of Service " printed thereon, it should be added on the typewriter beneath the name and address of the Attorney, in the following words : " Due and timely service of the within document is hereby admitted." Then leave a blank space for the Attorney's name, and the word " Dated," leaving a space for the date to be written in in ink. 10. Use the same capitalization in typewriting the forms as is shown in the examples given in the following pages. LEGAL FORMS A STENOGRAPHER who is preparing to take a position in a law office should familiarize himself with legal forms, and even commit to memory certain portions of some of the documents. Legal forms comprise two kinds, viz. : 1. Court Documents, i.e., those actually necessary in the trial of a case, and usually known as " Pleadings." 2. Other legal documents, such as Wills, Deeds, Mortgages, and various kinds of Contracts. COURT DOCUMENTS THESE consist of Complaints, Answers, Affidavits, Orders, Notices, etc., etc. In the trial of a case, the first document encountered is the Summons, which, however, is rarely dictated. A printed form is generally used, filled in on the typewriter, and attached to the Complaint. The next document is the Complaint. In writing the Com- plaint, as well as all other Court Documents, the first thing to note is the " Caption " with which all such papers begin. This includes the name of the Court in which the case is to be tried, and the Title, comprising the names of the plaintiff and defendant, connected by the word " against." This connecting word is written variously, against, vs., v., or versus, the last being the most infrequent form, and should be taken down and transcribed as dictated. (GMPLAINT) Pol. 1 N.Y. SUPREME COURT. James T. Ball, : Plaintiff, : -against- : Walter Stephens, : Defendant. : The plaintiff complains against the defendant in the above entitled action, and alleges : ^ FIRST. That on or about the 24th day of August, 1909, the above named plaintiff loaned to the defendant herein, at his raqueet, the sum of Five hundred Dollars ($500.), which said sum the defendant promised to pay to said plaintiff on demand, with interest from said 24th day of August, 19O9. SECOND. That on the 17th day of December, 1909, the plaintiff above named duly demanded said sum from the said defendant, but that no part thereof has been paid, and that the said Five hundred Dollars ($500.), with interest from the 24th day of August, 1909, now remains due and owing from said defendant to said plaintiff. WHEREFORE, this plaintiff demands judgment against the defendant for the sum of Five hundred Dollars ($500.), with interest thereon from the 24th day of August, 1909, together with the coats of this action. Plaintiff's Attorneys, Office and Poet-office Address, No. 31 Nassau Street, New York, N.Y. STATE OF NEW YORK, ; COUNTY OF NEW YORK, !" : James T. Ball, being duly sworn, says, that ho is the plaintiff in the above entitled action ; that th foregoing com- plaint la true to his own knowledge, except as to the matters therein stated- to be alleged on information and belief, and that as to those matters he believes it to be true. SJtSworn to before me thi ( day of December, 1909. Venue, Place of Trial. t . -Scillcst, to wit, namely { Jurat, o*tlt. 14 Legal Forms 2 (SUMMONS) N. Y. SUPREME COURT. JAMES T. BALL, vs. Plaintiff, WALTER STEPHENS, Defendant. TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorneys herein within ten days after the service of this summons, exclusive of the day of service, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated, New York, December , 1909. Gastron & Martin, Plaintiff's Attorneys, Office and P.O. Address, 31 Nassau Street, New York City. After typewriting the Complaint on legal paper, it should be bound, together with the printed Summons properly filled in, as above, in a " back," endorsed as follows : Legal Forms N.Y. SUPREME COURT. James T. Ball vs. Walter Stephens SUMMONS AND COMPLAINT Gaatron & Martin, Plaintiff's Attorneys, 31 Nassau Street, N. Y. City. 1 Due and timely service of the within document ia hereby admitted. Defendant's Atty. Dated : To get this endorsement in the right place, turn down the " back " an inch and a half from the top, then fold the lower edge even with the top fold, insert in the machine with the opening to the left as far as it will go, turn up four full spaces, then begin the endorsement 30 spaces from the ri?ht hand edge, centering between these points. For example, if the right hand edge comes to 70, begin the endorsement at 40. All New York Court Documents must be " folioed," i.e., the folios (every hundred words) indicated by placing the folio number in the left-hand margin, thus Fol. 1, Fol. 2, Fol. 3, etc. (See the Complaint on page 13.) Three copies should be made of a document having but one plaintiff and one defendant. Add another copy for each additional party to the action. Page legal work at the bottom in the center. 1 These words constitute what is called an " Admission of Service " (see Suggestions), and are usually printed or typewritten on the backs of Court Documents. They should be memorized. 1 6 Legal Forms (ANSWER TO THE FOREGOING COMPLAINT) A Complaint usually contains only allegations. An Answer may contain allegations, denials, and admissions. N. Y. SUPREME COURT. JAMES T. BALL, vs. Plaintiff, WALTER STEPHENS, Defendant. The defendant, by Henry Hooper, Esq., his attorney, answering the complaint of the plaintiff, alleges : a- [ I. That he has no knowledge or information sufficient 1 1 to form a belief as to any of the allegations contained in O Q (paragraph first of said complaint. II. He alleges that on or about the 24th day of August, 1908, he went to the above-named plaintiff and asked him to lend him the sum of Five Hundred Dollars ($500.), but that the plaintiff declined and refused to give him such a loan, and tendered him the sum of Five Dollars ($5.00), which said defendant was compelled to accept, being in very needy circumstances at the time. III. This defendant admits that at various times the plaintiff has demanded from said defendant this sum of Five Dollars (5.00) which the said plaintiff gave to the said defendant on the date hereinbefore named, and he admits also that he declined to return the said Five Dollars ($5.00) to the said plaintiff in view of the fact that the said Five Dollars ( $5.00) was tendered to the said defendant as a gift, and not as a loan. Legal Forms 17 f WHEREFORE, this defendant demands judgment, (dismissing the complaint with costs. Defendant's Attorney, Office and Post Office Address, 18 Pine Street, Borough of Manhattan, New York City. STATE OF NEW YORK, ss. : COUNTY OF NEW YORK., Walter Stephens, being duly sworn, deposes and says, that he is the defendant in the above entitled action ; that the foregoing answer is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Subscribed and sworn to before me ] this day of 1908. J (Defendant's Signature.} Notary Public, New York Co., N. Y. The Answer should be backed and endorsed as directed on page 15, inserting the word " Answer " instead of " Summons and Complaint." Be careful never to omit the Verification from a Complaint or an Answer. Either of these documents is void without a Verification. Memorize the Prayer and the Verification in the Complaint ; also the General Denial, the Prayer, and the Verification in the Answer. a (403) 1 8 Legal Forms 4 (ANOTHER FORM OF COMPLAINT) SUPREME COURT OF THE CITY OF NEW YORK. WALTER L. DRUMMOND against GEORGE W. CARLETON. The above named plaintiff complains of the defendant and shows to this Court : THAT the said defendant is justly indebted to the said plaintiff in the sum of Thirty-five hundred Dollars ($3500.) for money loaned to, paid, laid out and expended for said defendant by this plaintiff at the defendant's request, and for work, labor and services rendered to the said defendant by this plaintiff, and goods, wares and merchandise sold and delivered by the plaintiff to the defendant all during the time previous to January, 1909; THAT no part of the same has been paid, and the same is now due, and the plaintiff demands judgment for Thirty-five hundred Dollars ($3500.) besides costs. Plaintiff's Attorney. (Verification.) Legal Forms 19 5 (ANOTHER FORM OF ANSWER) A Complaint usually contains only allegations. An Answer may contain allegations, denials, and admissions. SUPREME COURT, COUNTY OF NEW YORK. TIMOTHY JENKINS, vs. Plaintiff, LAWRENCE WOOD, SIMON R. PRINCE and HERMAN OSBORNE, composing the Firm of WOOD, PRINCE & Co., Defendants. The defendants, by Morris Meyer, Esq., their Attorney, answering the complaint of the plaintiff, allege : g- [ I. That they have no knowledge or information "I ^ j sufficient to form a belief as to any of the allegations If o ( contained in paragraph first of said complaint. f II. They allege that on or about the 15th day of October, I 1909, the plaintiff came to the store kept by the said defend- &! ants at 384 Sixth Avenue, and demanded that certain goods 5; be sold to him which were not then, and never have been, I kept on sale by these defendants. III. These defendants admit that, upon the rude and boisterous conduct of the plaintiff creating a disturbance, they had him forcibly ejected from their premises, but they deny that any unnecessary force was used in said ejectment. WHEREFORE, these defendants demand judgment dismissing the complaint with costs. Defendants' Attorney, Office and Post Office Address, 18 Pine Street, Borough of Manhattan, STATE OF NEW YORK, ) New York City. COUNTY OF NEW YORK. / SS- ' Lawrence Wood, Simon R. Prince, and Herman Osborne, being each for himself severally duly sworn, do depose and say, that they are the defendants in the above entitled action ; that the foregoing answer is true to their own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters they believe it to be true. Subscribed and sworn to before me this day of 1909. 20 Legal Forms 6 Learn to distinguish and recognize legal documents by their form. Complaints and Answers begin with an Introduction, end with a Prayer, and have a Verification attached. Affidavits (sworn statements) begin with a Venue, and end with a Jurat. (AFFIDAVIT TO OBTAIN AN ORDER REFERRING THE ISSUES) (See pages 22, 24.) SUPREME COURT COUNTY OF NEW YORK. ELIAS LYNCH, Plaintiff, vs. MICAH DOYLE, Defendant. STATE OF NEW YORK, COUNTY OF NEW YORK. ELIAS LYNCH, being duly sworn, says : I. That he is the plaintiff in the above entitled action, and that an issue of fact has been joined therein. II. That said action is brought to recover for services rendered by deponent for the defendant as his agent in the sale of county rights to manufacture and vend a certain patented device, and also for moneys paid, laid out, and expended by deponent for the defendant, at his request. III. That the defendant by his answer admits the existence of the agency, but denies that services were rendered by deponent to the extent and of the value set forth in the complaint ; and also sets up a counter-claim for goods alleged to have been sold and delivered to deponent by the defendant during the times mentioned in the complaint, which counter-claim is put in issue by the reply herein. Legal Forms 21 IV. That the trial of the action will require the examination of a long account on the side of both plaintiff and defendant covering a period of over six years ; that the account of the plaintiff consists of more than 75 items ; and the defendant's demand as set forth in the bill of particulars served herein consists of more than 25 items. V. That in view of the length of time necessarily involved in the examination of these accounts, a reference is necessary. Subscribed and sworn to before me this day of November, 1909. No Verification is attached to an Affidavit. Affidavits may be arranged in numbered paragraphs, or in one continuous paragraph, the sentences being set off from one another by semicolons, as in the form on page 28. An Affidavit may be drawn in the first or the third person (see pages 22, 24). Legal Forms (AFFIDAVIT OF ATTORNEY FOR AN ACCOUNTING EXECUTOR) 1 SURROGATE'S COURT, COUNTY OF NEW YORK. In the Matter of The Final Judicial Settlement of the Account of SAMUEL W. JAMES as Executor of ROBERT WILSON, Deceased. CITY AND COUNTY OF NEW YORK, ss. : John M. Vane, being duly sworn, saith : That he is one of the Attorneys for the accounting Executor herein, and that the annexed bill of costs contains the items and costs and disbursements to which the accounting Executor deems himself entitled at the time of the settlement of the decree herein for counsel fees and disbursements. That all of the disbursements therein set forth have been actually made by the deponent's firm as the Attorneys for the said Executor, and have been necessary for the purposes of said accounting, and in order to furnish the fullest possible information relative to the accounts to all parties in interest. Deponent also further saith, that the said accounting Executor, and said firm of Vane & Harris, as his said Attorneys, claim a further allowance of Two hundred and fifty dollars ($250.), under the provisions of Section 2562 of the Code, namely, for more than twenty-five days occupied in the trial and neces- sarily occupied in preparing the account of said Executor for settlement and otherwise preparing for the trial. That the number of days and parts of days actually occupied in such preparation of the account for settlement, and preparation for the trial and the hearing of the trial, has been more than forty, as deponent verily believes, but that deponent only makes claim for an allowance for twenty-five days. 1 Surrogate, " In some states of the United States, an officer who presides over the probate of wills and testaments, and over the settlement of estates." Legal Forms 23 Deponent further saith that amongst the days necessarily occupied as aforesaid, and the time occupied on each day in the rendition of the services, and their nature and extent in detail are as follows : February 16th . 17th . 20th . 27th . 28th . March 1st . 2nd . 3rd . 5th . 6th . 2 hours 2 2 2 3 7 4 2 3 3 Deponent further saith as to the nature and extent of such services, that they involved the preparation of the original petition, the procuring of orders of publication, and the service of a number of the parties in interest by publication ; the preparation of an elaborate account showing the expenditure and disbursement of over $270,000 ; the putting of said account in legal form and shape ; the drawing of decree ; consultations with numerous parties interested in said estate, and sundry attendances in Court. Sworn to before me this 3rd day of May, 1909. Joseph Smith, Notary Public, N. Y. County, N. Y. 24 Legal Forms 8 Affidavits are sometimes drawn in the first person. Note the following (AFFIDAVIT OF AN ACCOUNTANT) CITY COURT OF NEW YORK. FLANNAGAN vs. DINNEGAN, et al.* CITY AND COUNTY OF NEW YORK, ss. : JAMES A. GEARY, being duly sworn, deposes and says : I am forty-nine years of age, reside in the City of Plainfield, New Jersey, have an office at No. 57 Cedar Street, in New York City, and am a professional accountant and expert. On September 25th, 1905, at the request of Waldridge, Smith & Jones, Attorneys, No. 25 North Avenue, Plainfield, New Jersey, I attended at the office of Runyon, Moody & Co., No. 44 East 6th Street, Plainfield, New Jersey, to confer with William L. Moody, of that firm, and to examine their books of account. The object of the examination was to ascertain just how the business appeared to stand, as recorded in the books of account, in order to facilitate Mr. Humphrey Davey, of New York City, in reaching a decision as to whether he would become a purchaser of the business and at what price. Mr. Moody and Mr. Runyon, both members of the firm of Runyon, Moody & Co., were present at the said interview. With the consent of said Moody I examined the books of account of the said copartnership of Runyon, Moody & Co., occupying a portion of September 12, also September 14th thereon. I made a written report of my examination to the said Waldridge, Smith & Jones, and submitted therewith a statement of the accounts. A copy of said statement is hereto annexed, marked Exhibit " A," and a copy of the said report is hereto annexed, marked Exhibit " B." Both of said statements were prepared by me, and are in every respect truthful and correct as shown by the said books of said firm. I made an examination of the books of account of the preceding firm of Runyon, Mason & Co. for the purpose of testing their correctness, but I prepared the said report and the said statement from the books as they now stand, upon the assumption that all the entries therein were honestly and fairly made. Subscribed and sworn to before me\ this day of August, 1909. J The two Exhibits mentioned in the foregoing Affidavit should be bound in the same cover with the latter. 1 et al. and another. Legal Forms 25 Though Affidavits are largely used in the trial of suits, they may be employed outside of Court. When so used they have no caption or title, merely beginning with the venue. (AFFIDAVIT OF MORTGAGOR) CITY AND COUNTY OF NEW YORK, ss. : THOMAS FLYNN, being duly sworn, says : I am the mort- gagor named in the annexed mortgage, and I reside at No. 205 East 25th Street, in the City of New York. I am the sole owner of all the Chattels and Fixtures named in the Schedule annexed to the said mortgage and now in my saloon in the premises known as No. 10 Division Street. That the said Chattels and Fixtures are free and clear of all manner of liens and incumbrances, and thai no other person or persons have any right, title or interest in the said Chattels and Fixtures. That no levy has been made upon the said Chattels and Fixtures by any Marshal or Sheriff of the said City and County of New York by virtue of any writ of execution or attachment. That this affidavit is made for the benefit of Steinam & Miller, who will, relying upon the faith of the representations herein contained, accept the said mortgage as security of my indebtedness to them in the sum of Five hundred dollars ($500.). Sworn to before me this ^ day of July, 1909.. Notary Public, N. Y. Co. 26 Legal Forms 10 (AFFIDAVIT REQUESTING LEAVE TO AMEND COMPLAINT) SUPREME COURT OF THE CITY OF NEW YORK. MARY A. MOORE and ALBERT H. MOORE, her husband, Plaintiffs, against JOHN WILLIAMSON, Defendant. CITY AND COUNTY OF NEW YORK, ss. : JAMES BALDWIN, being duly sworn, deposes and says : I am the attorney for the plaintiffs herein. On or about the day of March, 1910, I drafted the complaint in the above entitled action, a copy of which has been duly filed with the clerk of this Court, and served upon the attorney for the defendant herein. At the time of drawing such complaint, we had information which we verily believed to be accurate concerning the allegations contained in the First Paragraph of said complaint. These allegations have since been found to be somewhat incorrect, and while not materially affecting the result of the action, we deem it necessary to have the complaint conform in all respects to the entire truth ; and it is therefore desired that an order be issued granting permission to the plaintiffs to so amend their complaint as to be in all respects accurate and true. Sworn to before me this *; day of March, 1910. Legal Forms 27 II Affidavits frequently accompany Orders of the Court directing a certain action to be taken. In such cases the Affidavit and Order are bound together in the same back, the Order coming first. (SPECIAL TERM ORDER) At a Special Term of the Supreme Court of the City and County of New York, held at the County Court House, in said City, this day of March, 1910. PRESENT : Hon. Justice. MARY A. MOORE and ALBERT H. MOORE, her husband, against Plaintiffs, JOHN WILLIAMSON, Defendant. Upon reading the annexed affidavit of James Baldwin, attorney for the plaintiffs herein, and upon all the papers in this action, it is ORDERED that the plaintiffs have ten days in which to amend their complaint, as requested in said affidavit, upon payment of Ten Dollars, cost of filing same. This Order to be bound up in the same back with the Affidavit, and endorsed with the title and the words, " AFFIDAVIT AND ORDER." 28 Legal Forms 12 (AFFIDAVIT FOR A COMMISSION TO EXAMINE A WITNESS WITHOUT THE STATE ON INTERROGATORIES) N. Y. SUPREME COURT. WILLIAM S. JACKSON, Plaintiff, against ROGER BLOODGOOD, Defendant. STATE OF NEW YORK, 1 j- ss. : COUNTY OF NEW YORK. ) ROGER BLOODGOOD, being duly sworn, says, that he is the defendant in the above entitled action ; that the place of trial specified in the summons and complaint therein is the county of New York ; that an issue of fact was joined therein on the 29th day of September, 1909, and has not been tried ; that the testimony of James Knight is material to deponent in the defense of this action ; that the said James Knight is not a resident of, or within, this State, but resides at Chicago, in the State of Illinois ; that deponent has fully and fairly stated the case to Jefferson White, Esq., deponent's counsel in this action, who resides at the City of New York, Borough of Manhattan, and that deponent is advised by his said counsel, and verily believes, that he has a good and substantial defense upon the merits ; that deponent has also stated to his said counsel the facts which he expects to prove by the said James Knight, and that deponent is advised by his said counsel after such statement made, and verily believes, that the testimony of the said James Knight is material to deponent in the defense of this action. Sworn to before me thisl day of , 1909. j Legal Forms 29 13 (ORDER FOR A COMMISSION TO EXAMINE A WITNESS ON INTERROGATORIES) This Order accompanies, and is bound up with, the foregoing Affidavit. N. Y. SUPREME COURT. WILLIAM S. JACKSON, against Plaintiff, ROGER BLOODGOOD, Defendant. On reading and filing the affidavit of Roger Bloodgood, dated the day of , making satisfactory proof that the testimony of James Knight, a witness not within this State, is material to the defendant in the defense of the above entitled action, and on the pleadings and proceedings in said action, and On Motion of Jefferson White, Esq., of counsel for the defendant, after hearing John Spencer, Esq., of counsel for the plaintiff, ORDERED, that a commission issue out of and under the seal of this Court, directed to Lincoln Taylor, Esq., of Chicago, Illinois, authorizing him to examine the said James Knight under oath, upon interrogatories annexed thereto, to take and certify the deposition of said witness, and to return the same and the commission according to the directions given therein or therewith. AND IT IS FURTHER ORDERED, that the trial of this action be stayed until the return of said commission ; and that the defendant pay to the plaintiff $10 as the cost of this motion. (Judge's Signature.) 30 Legal Forms 14 (COMMISSION TO EXAMINE WITNESS UPON INTERROGATORIES) THE PEOPLE OF THE STATE OF NEW YORK, To Lincoln Taylor, Esq., of Chicago, 111. GREETING : KNOW Ye, that we, with full faith in your prudence and fidelity, have appointed you commissioner, and by these presents do authorize you to examine James Knight, of Chicago, State of Illinois, as a witness in a cause pending in our Supreme Court, wherein William S. Jackson is plaintiff, and Roger Blood- good is defendant, in behalf of the defendant, under oath, upon the interrogatories annexed to this commission ; to take and certify the deposition of such witness ; and to return the same and this commission according to the directions herewith given. WITNESS, Hon. one of the Justices of our Supreme Court, ( 1 L. S.) at the day of , 1909. (Signature of Attorney.) (Signature of Clerk. 1 L.S. Place of the Seal. Legal Forms 31 N. Y. SUPREME COURT. WILLIAM S. JACKSON, Plaintiff, against ROGER BLOODGOOD, Defendant. INTERROGATORIES to be administered to James Knight, of Chicago, a witness to be examined under the annexed commission, on behalf of the defendant in the above entitled action. First Interrogatory : What is your name, age, occupation, and place of residence ? Second Interrogatory : Do you know the defendant in this action, and if so, how long have you known him ? Third Interrogatory : Do you know Thomas Rogers, and if so, do you know under what firm name he does business ? Fourth Interrogatory : When and where did you first meet Thomas Rogers ? Fifth Interrogatory : Did you, at the time and place men- tioned in your last answer, take part in any conversation with the said Thomas Rogers, and if so, was there any person present at such conversation ? Sixth Interrogatory : If, in answer to the last interrogatory, you say that you did engage or take part in a conversation with the said Thomas Rogers, please state what was said by him and you, and by any other person who was present at such conversation, and also state what took place at the time of such conversation. Lastly : Do you know anything concerning the matter in question that may tend to the benefit and advantage of the defendant ? If yea, declare the same fully and at large, as if you had been particularly interrogated concerning the same. (Signature of Attorney.} 32 Legal Forms 16 (CROSS-INTERROGATORIES TO BE ATTACHED TO THE FOREGOING INTERROGATORIES) First Cross-Interrogatory : If, in answer to the First Inter- rogatory, you state that you live in the City of Chicago, State of Illinois, please say how long you have lived there, and if you were a resident of Chicago prior to the commencement of this action. Second Cross-Interrogatory : If, in answer to the Second Interrogatory, you state that you know the defendant in this action, please state where and under what circumstances you first met him, and how intimately you have been acquainted with him. Third Cross-Interrogatory : If, in answer to the Third Interrogatory, you state that you know Thomas Rogers, please give a full and detailed account of the circumstances under which you first met the said Rogers, and what business relations you have had with him. Fourth Cross-Interrogatory : If, in answer to the Fifth Interrogatory, you state that you did, at the time and place mentioned in your answer to the Fourth Interrogatory, take part in any conversation with the said Thomas Rogers, please give the names of all persons present at such conversation, and give, so far as you can remember, any statements made by them to you, and the subject of said conversation. Fifth Cross-Interrogatory : If, in answer to the last Interro- gatory, you state that you do not know anything further that may tend to the benefit and advantage of the defendant, kindly state what you may know that you consider of benefit and advantage to the plaintiff in this action. (Signature of Plaintiff's Attorney.) Legal Forms 33 17 DEPOSITION OF JAMES KNIGHT Based upon Interrogatories and Cross-Interrogatories administered in the matter at issue between William S. Jackson and Roger Bloodgood. N. Y. SUPREME COURT. WILLIAM S. JACKSON, against Plaintiff, ROGER BLOODGOOD, Defendant. DEPOSITION OF JAMES KNIGHT CITY OF CHICAGO, ] COUNTY OF COOK, [ ss. : STATE OF ILLINOIS. ) JAMES KNIGHT, a witness summoned on behalf of the defendant in the above entitled action, having been first duly sworn in answer to the Interrogatories and Cross-Interrogatories attached herewith, deposeth as follows : To the First Interrogatory witness deposeth and saith : My name is James Knight, I am twenty-nine years of age, my occupation is that of book-keeper, and I live at 99 East 47th Street, Chicago, Illinois. To the Second Interrogatory witness deposeth and saith : I know the defendant in this action, and have known him for about six years. To the Third Interrogatory witness deposeth and saith : I also know Thomas Rogers, and I believe he does business under the firm name of Rogers Brothers. To the Fourth Interrogatory witness deposeth and saith : I first met Thomas Rogers in the summer of 1904 at Salt Lake City. To the Fifth Interrogatory witness deposeth and saith : I did engage in conversation with Thomas Rogers at the time and place mentioned in my last answer, but there was no one else present at the time. To the Sixth Interrogatory witness deposeth and saith : I do not remember what was said by said Thomas Rogers or by myself at such conversation, and, as I have already stated 3 <43) 34 Legal Forms that there was no one else present, I cannot therefore state what was said by any other person at that time. As to what took place, I would state that after having talked together for some time, we went down Brigham Young Avenue and had a drink together. To the last Interrogatory witness deposeth and saith : I have already stated all that I know concerning the matter in question. ANSWER TO CROSS-INTERROGATORIES To the First Cross-Interrogatory witness deposeth and saith : I have lived in Chicago for about ten years, and was a resident of that city prior to the commencement of this action. To the Second Cross-Interrogatory witness deposeth and saith : I first met the defendant in this action about fourteen years ago at my sister's wedding in Buffalo, New York, and at that time I was in partnership with him. To the Third Cross-Interrogatory witness deposeth and saith : I have already stated all I remember of the circumstances under which I first met Thomas Rogers. I never have had any business relations with him. To the Fourth Cross- Interrogatory witness deposeth and saith : There were no other persons present at the time and place of my first conversation with Thomas Rogers. To the Fifth Cross-Interrogatory witness [deposeth and saith : I know of nothing whatever that may tend to the benefit or advantage of the plaintiff in this action. Subscribed and sworn to before me, ' a Commissioner of Deeds in and for the County of Cook, State of Illinois, this day of 1909. (Signature of witness.} Legal Forms 35 18 (SPECIAL TERM ORDER) In New York County all Special Term Orders begin with a " Hanging Indenture." They may thus be easily distinguished from Stated Term Orders, which begin with the Caption. 'At a Special Term of the Supreme Court, held at the County Court House in the City of New York, County of New York, on the day of , 1909. PRESENT : Hon. Justice. WALTER BLISS, Plaintiff, vs. CHARLES BRISK, Defendant. On reading and filing the affidavit of Charles Brisk, dated the day of , 1909, making satisfactory proof that one or more witnesses not within this State are material and necessary in the defense of this action, and on the pleadings and proceedings in this action, and on proof of due service of the annexed notice of motion, with a copy of said affidavit, and after hearing Paul James, Esq., of counsel for the defense, and Richard Levy, Esq., of counsel for the prosecution, NOW, on motion of Alexander Hudson, Esq., counsel for the defense, ORDERED, that the deposition of each and every witness who may be produced by either party to this action within days from the date hereof, at a time and at a place within the State of New Jersey to be specified in a written notice served on the part of the defense upon the attorney for the plaintiff, at least days before the examination, be taken before Hon. Gedney G. Haynes, of the City of Newark, State of New Jersey, aforesaid, upon oral questions to be put to the witness when produced ; that such depositions be taken within days from the date hereof, and that the said Gedney G. Haynes take and certify the deposition of each witness, and return the same with this order pursuant to law. (Signature of Presiding Justice.) 36 Legal Forms 19 NOTICES (NOTICE OF TRIAL) NEW YORK SUPREME COURT. JULIA HACKETT, vs. Plaintiff, FRANK R. MERRILL et al., Defendants SIR: TAKE NOTICE that this action will be brought to trial at the next term of this court to be held at the County Court House in the City of New York, in the County of New York, Borough of Manhattan, on the 12th day of January, 1910. Yours, etc., Tunison Blake, Attorney for Plaintiff, Office and P.O. Address, 29 Broadway, N. Y. City. To Patrick Cowan, Esq., Attorney for the Defendants. Legal Forms 37 T~ 20 (NOTICE TO PRODUCE PAPERS AT TRIAL) NEW YORK SUPREME COURT. MARY CLAYTON, vs. Plaintiff, SIDNEY CUTTING, Defendant. SIR: PLEASE TAKE NOTICE that you are hereby required to produce upon the trial of this action a certain Deed from Sidney Cutting to Mary Clayton, dated May 15th, 1904, and that in case of your failure so to do, the plaintiff will give secondary evidence of the contents thereof. Plaintiff's Attorney. New York, November 20th, 1909. To Sidney Cutting, Defendant, and Edward Davis, Attorney for the Defendant. 448387 38 Legal Forms 21 (PETITION FOR SETTLEMENT OF ESTATE) SURROGATE'S COURT. In the Matter of the Disposition of the Real Estate of JOHN BROWN, Deceased. To THE SURROGATE'S COURT OF THE COUNTY OF WESTCHESTER. The Petition of Mary Brown respectfully shows and states : FIRST. That your petitioner is the original petitioner in this proceeding, and is the Administratrix of the goods, chattels, and credits of John Brown, deceased. SECOND. That this proceeding is now still pending in this Court, and the proceeds of the sale directed by this Court, by decree dated December 19th, 1908, have not yet been dis- tributed, but notice of the disposition of the proceeds has been given and is now being published according to law, and according to an order of this Court made for that purpose. THIRD. That there is a balance still in the hands of the County Treasurer, awaiting an order of this Court, and that the said balance is available for the purposes of this proceeding, to pay the debts of the said John Brown, deceased, under section 245 of the Code of Civil Procedure. WHEREFORE, your petitioner prays an order of this Court, directing the said Treasurer of the County of Westchester to pay over to Samuel Brown whatever balance he now holds to the credit of said action in the Surrogate's Court, wherein Samuel Brown was plaintiff and John Brown defendant, and that the said Samuel Brown hold the said balance subject to the decree of distribution of this Court, and that this petitioner may have such other or further relief as may be just. Legal Forms 39 STATE OF NEW YORK, COUNTY OF WESTCHESTER. Mary Brown, being duly sworn, says, that she has read the foregoing petition and knows the contents thereof ; that the same is true of her own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters she believes it to be true. Sworn to before me this day of March, 1910. Note that a Petition has a verification attached, the same as a Complaint and Answer. 40 Legal Forms 22 (CONSENT TO RECEIVE A GROSS SUM IN LIEU OF DOWER) 1 SURROGATE'S COURT, COUNTY OF NEW YORK. HANNAH R. ELLIS, against Plaintiff, MARK GIBSON and RALPH Cox, as Executors of the Estate of JOHN ELLIS, deceased, Defendants. I, Hannah Ellis, the plaintiff in the above entitled action, pursuant to section 1617 of the Code of Civil Procedure, do hereby consent to accept a gross sum to be ascertained according to law, in full satisfaction and discharge of my right of dower 2 in the real property described in the complaint in this action. Dated, New York, October 12th, 1909. (Signature of Plaintiff.) ( 3 STATE OF NEW YORK, \ COUNTY OF NEW YORK./ SS ' On this twelfth day of October, in the year 1909, before me, the subscriber, personally came Hannah Ellis, to me known, and known to me to be the person described in and who executed the within instrument, and acknowledged that she executed the same. (Signature of Officer.) 1 Surrogate, " In some states of the United States an officer who presides over the probate of wills and testaments and over the settlement of estates." Corresponds to Probate Judge in other states. 2 Dower, " That portion of the real estate of a man which his widow enjoy? during her life, or to which a woman is entitled after the death of her husband." Do not confuse with dowry (see page 152). 8 The acknowledgment should be memorized. Observe that an acknowledgment has no jurat. Legal Forms 4 1 23 (EXECUTOR'S OATH) CITY, COUNTY AND STATE OF NEW YORK, ss. SURROGATE'S COURT, BOROUGH OF BROOKLYN. In the Matter of Proving the Last Will and Testament of ARTHUR GREY, deceased, as a Will of real and personal property. I, SPENCER W. THOMPSON, an executor named in the last Will and Testament of Arthur Grey, late of Garden City, Long Island, deceased, do depose and say : That I am a resident of No. 27 Saint Mark's Place, in the City of Brooklyn, State of New York, that I am over twenty-one years of age, and that I will well, faithfully, and honestly discharge the duties of Executor of said last Will and Testament. Sworn to before me this "| day of September, 1909 J 42 Legal Forms 24 INTRODUCING EVIDENCE After the plaintiff's, or defendant's, counsel has opened his case, he proceeds to prove the facts alleged by means of documentary evidence, or oral testimony, or both. In the case of oral testimony, the witness must be placed upon the witness stand and duly sworn, before he is permitted to testify. The taking of the testimony of witnesses by a law stenographer is often done in his employer's office, or in the office of a Referee before whom his employer is conducting a case. Not all cases are tried in open court. When it is found that a protracted investigation will be necessary, it is often agreed by counsel that some reli- able and competent attorney, not in any way connected with the case, may be appointed by the Court and named as the Referee to hear and determine the issues involved, and report his decision after all the evidence has been submitted. (See page 59, " Judgment for Defendant upon Report of a Referee.") A case tried in this manner is termed a Reference. Occasionally a Reference is ordered by the Court of its own motion, or upon the application of one party without the consent of the other. At a Reference witnesses are examined and arguments heard, as well as motions decided, the same as in a Court Room. At the first hearing, the appearances of the counsel for plaintiff and defendant must be noted by the stenographer, as well as the name and presence of the Referee ; also the time and date of the session, as shown below. Legal Forms 43 NEW YORK SUPREME COURT. JOHN P. GREEN et al., BEFORE vs. George Harris, Esq., ALBERT McKiNNEY, JR. Referee. New York, April 15th, 1910. 2.45 P.M. APPEARANCES : Messrs. Smith and Jones, for the Plaintiffs, W. C. Smith, Esq., of Counsel. Messrs. Williams and Wallace, for the Defendant, L. C. Lyman, Esq., of Counsel. The Referee states that he has taken the usual oath. FREDERICK TAYLOR, sworn as a witness on behalf of the plaintiffs, testifies as follows : DIRECT EXAMINATION. BY MR. SMITH: (Here follows the testimony.) At subsequent sessions the full caption need not appear. Simply write the plaintiff's and defendant's name, with vs. between. At all sessions after the first, only the presence, and not the appearance, of the respective counsel is noted. 44 Legal Forma For example : GREEN vs. McKlNNEY. New York, April 18th, 1910. 2.30 P.M. PRESENT : The Referee and Respective Counsel (if all are in attendance, otherwise name each one who is present, thus) : PRESENT : MR. SMITH, of Counsel for Plaintiff. MR. WILLIAMS, of Counsel for Defendant. DIRECT EXAMINATION OF MR. TAYLOR, continued. BY MR. SMITH : (Here insert testimony.) NOTE. When taking testimony, the stenographer will save time if, instead of writing " Question " and " Answer " in shorthand each time, he will write the words of the question clear across the page of his note- book, and the answer only half way across, thus : What is your name ? John Smith. Do you know the defendant in this action, Mr. Jones ? Yes, sir, he was a partner of my father for a great many years, etc. Witnesses have a great habit of answering a question in the exact words in which it was asked. For instance, instead of saying merely " Yes, sir " to the question " Is your name John Smith ? " a witness will be very likely to say " My name is John Smith." In such cases much time will be saved by the stenographer if he will indicate the answer (instead of actually writing it) by means of a long dash, thus : Were you a member of that firm ? Yes, sir. Of the firm of Jones & Brown ? (Meaning the answer to be, " Of the firm of Jones & Brown.") You are a resident of the City and County of New York ? I am (Meaning the answer to be, " I am a resident of the City and County of New York.") Legal Forms 45 25 Testimony may be written on long paper, but is more commonly written on square paper, which is ruled not only down the sides, but across the top and bottom. Everything but the paging and the Q's and A's must be kept within the red lines. Number the pages in the upper right-hand corner, all the sessions continuously and consecutively, then bind in a regular testimony cover and index carefully, showing where each witness's testimony direct, cross, redirect, etc., begins. There are two ways of writing the answers. Some prefer them written so as to begin at the margin each time, with the letter A, as well as the letter Q, outside the margin. This is called " running the answers out." Others like the answers to follow the questions directly. This is called " running the answers in." The first method is shown on page 45 (Taylor's testimony) ; the second on page 48 (Raymond's testimony). It is well to learn to write testimony both ways. No period should be placed after " Q " or " A," the red line taking the place of a period. (TESTIMONY OF MR. TAYLOR) Running the Answers out. DIRECT EXAMINATION OF MR. TAYLOR, continued : BY MR. SMITH: Q Resuming where we left off, Mr. Taylor, allow me to ask, was that transaction kept quiet, or was it a public matter ? A No, that was kept quiet. Q Is it required that all your corporate members should hold a bond ? Objected to. Objection overruled. Exception. A No, sir. Q There are some of the corporate members who do not ? A Yes, and some of the non-corporate members who do hold the bonds. We only draw the line as to who shall become members. Q As to who shall have the power to vote ? A As to who shall have the power to vote. (Write this answer in shorthand as directed on page 44.) Q Then material men holding bonds have no voice nor vote in the management of that building ? A None whatever. Q Do you have a bondholder's association ? A We have not. 46 Legal Forms Q Then you exclude a part of the owners of the bonds from any control of the building ? A Yes, sir. Q Corporate members that paid in this initiation fee of $200 are not responsible for any loss in the business for failure of this enterprise any further than the money they paid in ? A That's all. Q Limited liability ? Defendant's counsel objects to the question. Objection sustained. Exception. Q In case it was found that a majority of the corporate members would not agree to this investment, is it practicable to start a building investment company in the Exchange, composed of a limited number, for the purpose of putting up a building ? A I think that is perfectly feasible, and perfectly just and right. I think they would have a perfect right to do just as they please about that matter. Q How was this $20,000 that you found yourself in possession of accumulated ? That was the result of the purchase of certificates of membership ? A Yes. Q But you have expenses ? A Yes, but we made money every year over and above our expenses. Q Your dues were more than sufficient to pay expenses ? A Our dues were more than sufficient to pay expenses. Q Do the $50 dues now pay all your expenses of operating the building ? A Yes, and more. Q Is any of the money collected for dues used, for instance, to pay the interest on the bonds or apply it on the debt ? A It goes into a general fund. Q And of course each corporate member is an owner equally in the building ? A Yes, sir. Q You issued bonds to $100,000 ? A Yes, sir, Q Supposing that property is worth, in the course of six years, $200,000? A Then our certificates of membership would increase 100 %. Q That is not the point. A material man holding some of these bonds, holds a $1,000 bond, and the property is worth $200,000. Is his bond only worth $1,000 ? A Certainly. That is the nature of a bond all the time. Q The property appreciates, but the bond never appreciates ? Legal Forms 47 A The bond does not, but the certificate of membership does. Q But suppose he can't hold a certificate of membership ? A The bond is his bond. He only puts that in as an investment. He gets his interest on it. Q The increment to the property inures wholly to the benefit of the corporate members ? A Yes, sir. CROSS EXAMINATION BY MR. WALLACE: Q Do I understand you to say that the corporate members are stockholders and the bondholders are but the backing of the institution and get their dividends on the bonds ? A. Yes. The corporate members are the stockholders and the bondholders are the backing behind the stockholders. They put their money up for a certain percentage of dividends each year. That property, for instance, cost $100,000. If next year, by some extraordinary coincidence, that property should advance in value to $200,000, a certificate of member- ship which to-day is worth $250, would be worth $500 then. Q The certificate of membership bears the same relation as a certificate of stock ? A Yes, sir. Q What is the revenue from your investment at present ? A That would be rather difficult to give. Q Give it approximately, so that we can see what interest the bonds would pay ? A The interest is fixed. ADJOURNED to Monday, April 24th, 1910, at 2.30 P.M. 48 Legal Forms 26 (TESTIMONY OF HENRY RAYMOND.) NEW YORK SUPREME COURT. HENRY MACY et al., against Plaintiffs, CHARLES STEWART, Defendant. BEFORE Henry R. Taylor, Esq., Referee. New York, Tuesday, March 23rd, 1910. 2 P.M. APPEARANCES : JOHN R. BRADY, Esq., Attorney for Plaintiffs. MESSRS. LEE & JACKSON, Attorneys for Defendant. Oath of Referee waived by consent of both parties. HENRY RAYMOND, a witness called on behalf of the plaintiffs, being duly sworn, testified as follows : DIRECT EXAMINATION. BY MR. BRADY : Q You are the book-keeper of Messrs Macy & Co., the plaintiffs ? A Yes, sir, I was. Q Did you ever see Mr. Stewart, the defendant herein, in Mr. Macy's shop ? A I have seen Mr. Stewart before. Q In Mr. Macy's shop ? A In Mr. Macy's shop. Q Did you hear any conversation about these sashes that are spoken of ? A I did. Q What was said ? A Mr. Stewart sent us a letter requesting that the sashes should be sent up. that they were needed. Mr. Macy then said, " I will have nothing to do with these parties." Q Did Mr. Macy tell Mr. Stewart this, that you were telling just now ? A Yes, sir. Legal Forms 49 CROSS EXAMINATION. BY MR. JACKSON: Q You were asked a moment ago if Mr. Macy said anything to Mr. Stewart about the financial responsibility of Palmer & Smith. A Nothing more than that. Q I understood you to state that he had not said anything in your presence ? A Only that he did not consider them responsible enough for this amount. Q When was this ? That was after the contract had been made ? A Certainly. BY PLAINTIFF'S COUNSEL: Q Was this before the sash was delivered ? A No, sir, not before the sash was delivered. BY DEFENDANT'S COUNSEL: Q Not before the sash was delivered ? A No, sir, the sashes had not been delivered at that time. BY PLAINTIFF'S COUNSEL : Q Were you present after the note was protested, when Mr. Stewart came there to the store ? A I was. ADJOURNED to Thursday, March 28th, 1910, at 2 P.M. 4 (43) 50 Legal Forms 27 (BILL OF COSTS) NEW YORK SUPREME COURT, CITY AND COUNTY OF NEW YORK. JOHN ALLEN et al., against DAVID R. LAWRENCE et al. -Costs of Plaintiffs. COSTS Costs before Notice of Trial $15.00 after 15.00 Additional Defendants served ..... 4.00 Trial Fees, Issue of Facts. ..... 30.00 Allowance by Statute 60.00 Court 5 per cent, on $600 . . . 30.00 Motion 20.00 Appointment of Guardian of Infant Defendant . . 10.00 Examination of Party before Trial .... 10.00 Term Fees 50.00 $244.00 DISBURSEMENTS Clerk's Fees on Trial $1.00 ,, ,, Entering Judgment . . . . .50 Affidavits and Acknowledgments . . . . 1.50 Serving Copies Summons and Complaints . . . 5.00 Satisfaction Piece . . . . . . . .25 Transcripts and Filing . . . . . . .12 Certified Copy Judgment . . . . . . .50 Jury Fees . . 12.00 Sheriff's Fees on Execution . . . . . .72 Extract from Minutes . . . . . . .10 Filing Notes of Issue . . . . . . 4.50 ATTENDANCE OF FOLLOWING WITNESSES William Truax, 3 days . . . . . . 1.50 John O'Brien, 4 days 2.00 $29.69 Costs . $244.00 Disbursements . . . . . . .29.69 $273.69 Legal Forms 51 CITY AND COUNTY OF NEW YORK, ss. : Edward Dugro, being duly sworn, says that he is the Attorney for the plaintiffs in the above entitled action, and the foregoing disbursements have been made in said action, or may be necessarily made or incurred therein. Sworn to before me this\ 23rd day of May, 1910. / Edward Dugro. John Riley, Notary Public, New York City. 52 Legal Forms (END DRSEMENT FOR FOREGOING BILL OF COSTS) (Turn up four full spaces from top edge.) (Center between 40 and 70.) NEW YORK SUPREME COURT JOHN ALLEN et al., against DAVID R. LAWRENCE et al. , BILL OF COSTS And Notice of Adjustment. Edward Dugro, Attorney for Plaintiffs, 179 Broadway, New York City. Sirs : TAKE NOTICE, That I shall present a Bill of Costs of which the within is a copy, to the Clerk of the City and County of New York, for adjustment at his office in the County Court House in the City of New York on the 27th day of May, 1910. at 10 o'clock in the forenoon of that day. Dated, New York, May 23rd, 1910. Yours, etc., Edward Dugro, Atty. for Plaintiffs, 179 Broadway, N.Y. City. To Peter Cook, Esq., Atty. for Defendants, 13 Cliff Street, N.Y. City. Due service of a copy of the within Bill of Costs and Notice is hereby admitted. New York, May 23rd, 1910. Defendants' Atty. Legal Forms 53 28 (BRIEF) "A Brief is a concise statement in writing of the law and authorities relied upon in trying a cause." SUPREME COURT, CITY AND COUNTY OF NEW YORK. CLARENCE H. JONES, Plaintiff, vs. WILLIAM BROWN JOHNSON, Defendant. BRIEF FOR DEFENDANT STATEMENT This action was commenced by the service of a summons and complaint on the 23rd day of October, 1908, by the above-named plaintiff upon the above-named defendant. The defendant appeared on the 7th day of November, 1908 ; served his answer to the said complaint, and interposed several counter claims thereto. An amended complaint was served on the 8th day of November, 1908, and on the 13th day of November, 1908, defendant served his answer to said amended complaint. POINTS I All the counter claims interposed are sufficient in law upon the face thereof. An examination of the counter claims shows that each one alleges a contract, which is the subject matter of this action, as the basis for it, and the breach of that contract on the part of the plaintiff. II It is apparent on the face of the counter claims herein that all of them are of the character specified in Sec. 601 of the Code of Civil Procedure, and arise out of the contract or transaction set forth in the Complaint. Said section 601 of the Code of Civil Procedure provides, among other things, that, " The counter claim must be one of " the following causes against the plaintiff, and in favor of the 54 Legal Forms " defendant. Second : In an action on contract, any other cause " of action on contract existing at the commencement of the "action." The counter claims interposed herein existed in favor of the defendant, against the plaintiff, at the time the action was commenced, and long prior thereto, and they belonged to the defendant at the commencement of the action. 1 Chambers vs. Lewis, 13 Abb. Pr., 210, 213. Chambers vs. Cagneif, 32 N.Y. Supra, 362. Ill It is apparent on the face of the answer that the facts averred consti- tute a defense or counter claim to the Plaintiff's cause of action, therefore the objection raised by demurrer for insufficiency is bad. IV It is submitted that upon the law and upon the facts, judgment should be given to defendant with costs taxed to plaintiff. Franklin & Williams, Attorneys for Defendant, 18 Wall Street, New York City. 1 These arr citations of authorities. Legal Forms 55 29 1 (OPINION) 2 3 " The formal decision or expression of views of a judge." This is a case on appeal, therefore each line must be numbered, as 5 shown. 6 FIRST DEPARTMENT, 7 8 GENERAL TERM. Q 10 PEARCE BARNES, as Receiver, etc., Respondent, against 13 JOSEPH D. JONES and others, 14 Appellants. NOAH DAVIS, Presiding Justice ; JOHN R. BRADY, CHARLES DANIELS JJ- 15 16 17 APPEAL 18 from an Order denying a motion made to compel the 19 plaintiff to make his complaint more definite and certain, 20 and to elect between inconsistent cause, etc. 21 Stern & Ames, for Appellants. 22 Thomas G. Evans, for Respondent. 23 24 C. DANIELS, J. The complaint is in the form known as a creditors' bill 26 to reach and apply property belonging to the debtors to the 27 payment of two judgments recovered against them upon 28 which execution has been issued and returned unsatisfied. 29 It shows the commencement and prosecution of supple- 30 mentary proceedings in which a Receiver was appointed of 31 the property and effects of the judgment debtors, and that 32 the plaintiff is the successor of that Receiver. By the 33 succeeding allegations the causes of action upon which the 34 judgment was recovered set forth that the judgment debtors 35 were partners in business when such demands accrued 36 against them, and upon a dissolution of their copartnership, 37 the defendant, Jones, who was one of the partners, took the 38 greater part of the assets of the firm, and by a written 39 agreement with his copartner, assumed and agreed to pay 40 the debts and liabilities of the firm. That instead of doing 41 that, he, together with two other persons, formed a cor- 42 poration under the manufacturing laws of the State to carry 56 Legal Forms 1 on the same business as had been transacted by the firm, 2 and that the assets placed in his hands were transferred to 3 the corporation after its formation, and used in carrying on 4 a profitable business by it. The capital of the corporation 5 is stated to have been fixed at the sum of $30,000, and 6 $10,000 of the capital stock was issued to the wife of the 7 defendant, Jones, at his instance, and without any actual 8 consideration parted with by her. 9 10 The transfer of the assets of the firm to the corporation 11 as well as the stock issued by it to the wife of the defendant, 12 Jones, is alleged to have been with intent to delay and 13 defraud the creditors of the preceding copartnership, and 14 for that reason it is claimed that the title of the wife of Jones 15 to this stock should be vacated and set aside, and its proceeds 16 applied to the payment of the judgment. This is the 17 substance of the complaint, although the facts are more 18 clearly set forth and with greater detail in it. A perusal 19 of the complaint produces the conviction that no misappre- 20 hension whatever could arise as to the scope of the action, 21 the facts upon which it has been based, or the relief intended 22 to be secured by it. 23 24 The allegations are clear and distinct, and free from all 25 obscurity, and no difficulty stands in the way of fully 26 understanding the claims inserted in it. In fact, it may 27 well be said to have been drawn upon a clear, legal, and 28 logical theory, plainly, precisely, and intelligently set forth, 29 more so certainly than pleadings of this nature usually are. 30 The law has provided for an application to make a pleading 31 more definite and certain, only when its precise meaning or 32 application is not apparent. 33 34 Code of Civil Procedure, 546. 35 36 This is not a pleading of that nature, for the allegations 37 are definite and certain, and their precise meaning is entirely 38 evident. 39 40 While it is alleged that all the assets of the preceding firm 41 were transferred to the corporation with the intent of 42 hindering, delaying and defrauding the creditors of the firm, Legal Forms 57 1 the only relief claimed by reason -of this circumstance is 2 that the $10,000 of stock issued to the wife of the partner 3 who had undertaken to pay the firm's debts, should be used 4 and appropriated for the payment of the two judgments 5 recovered by the creditors at whose instance the Receiver 6 was appointed. There consequently was but one cause of 7 action or one subject matter to be affected by these general 8 allegations inserted in the complaint. The claim of the 9 Receiver, upon the facts as they have been stated, might 10 very well have been extended ; but as this stock or its 1 1 proceeds would probably be sufficient to pay the judgment 12 and the expenses of the litigation, no further relief seems to 13 have been thought necessary. The complaint was well 14 drawn and a cause of action presented by it has been clearly 1 5 stated, and there was consequently no ground for the motion 16 denied by the order from which the appeal has been taken. 17 18 The order should be affirmed with $10 costs besides the 19 disbursements. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 58 Legal Forms 30 (JUDGMENT DISMISSING COMPLAINT) The Judgment in a lawsuit is " the determination, decision, or sentence of a court, or of a judge." It is usually the final document in a suit. SUPREME COURT OF THE CITY OF NEW YORK. PETER ROSE, Plaintiff, vs. EMANUEL MARSCHALL, Defendant. The issues in the above entitled action having been referred to Clifford Brown, Esq., to hear and determine the same, and his report having been filed on the 6th day of June, 1908, whereby he finds for the defendant with costs, and the costs and disburse- ments having been taxed by the Clerk of the Court at the sum of Two hundred and fifty and 78/100 Dollars ($250.78). NOW, on motion of Foster & Green, the attorneys for the defendant in this action, it is ORDERED, ADJUDGED AND DECREED that the complaint in this action be dismissed on the merits, and that Edward Marschall, the defendant in this action, recover of Peter Rose, the plaintiff in this action, the sum of Two hundred and fifty and 78/100 Dollars ($250.78), costs and disbursements taxed as aforesaid, and that the defendant have execution 1 against the plaintiff therefor. Dated, New York, September 18th, 1908. Legal Forms 59 31 (JUDGMENT FOR DEFENDANT UPON REPORT OF REFEREE) SUPREME COURT, COUNTY AND STATE OF NEW YORK. PERCY T. LANE, Plaintiff, against ANDREW F. SHERMAN, Defendant. This action having been referred to Phineas W. Fuller, Esq., as sole Referee, to hear and determine the same, and his report having been filed, whereby he finds that the defendant is not indebted to the plaintiff, upon the promissory note set forth in the complaint on this action, NOW, on Motion of Wallace Hayes, Esq., defendant's attorney, it is hereby ADJUDGED by the Court that the defendant, Andrew F. Sherman, recover of the plaintiff, Percy T. Lane, the sum of three hundred and eighty-two and 29/100 Dollars ($382.29) for his costs and disbursements in this action. Clerk. 60 Legal Forms 32 OTHER LEGAL DOCUMENTS These comprise various kinds of Contracts, as well as Wills, Powers of Attorney, etc., etc. They deal mainly with the transfer of property in some form or other. Property may be transferred in three ways, viz. : 1. By sale. 2. By gift. 3. By bequest. The document used to show the transfer of property by sale or gift is known as a Deed. The document which transfers property by bequest is known as a Will- Wills generally begin with an Invocation, such as " In the name of God, Amen," or with the words, " Know all men by these presents " ; sometimes merely with the name of the party making the will, who is variously referred to as the deceased, the decedent, the testator, etc. I j (WILL) IN THE NAME OF GOD, AMEN. if I, GEORGE HENRY JACKSON, of the City, County, and State of New York, Borough of Manhattan, being of sound and S -j disposing mind and memory, and considering the uncertainty % of this life, do make, publish, and declare, this to be my I Last Will and Testament, as follows : FIRST. After my lawful debts and funeral expenses are paid, I give to my executors, administrators and assigns, in trust, to be applied to the use and benefit of my beloved wife, Jane Jackson, all my real and personal estate of every kind whatsoever and wherever situated, as well as all my household furniture and personal effects of every kind thereunto belonging. SECOND. I further give to my said wife of the remainder of my property so much thereof as she may wish to take. THIRD. Should there be a balance of said property remaining at her death, it is my will that said balance be divided amongst my brothers and sister, and their heirs, as provided for by the laws of the State of New York. FOURTH. I hereby appoint my son, Grover Jackson, to be the Executor of this, my last Will and Testament, hereby revoking all former Wills by me made, and it is my will that k no bond shall be required of said Executor. Legal Forms 61 w si *- CO IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal, the thirty-first day of Decem- ber, in the year of our Lord, one thousand nine hundred and nine. 1 WITNESSES : Signed, sealed, published and declared by George Henry Jackson, the Testator above named, as and for his last Will and Testament ; in our presence ; and we, at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses on the day above mentioned. Endorse : LAST WILL AND TESTAMENT of GEORGE HENRY JACKSON. Dated : 1 In New York State two witnesses are necessary ; in California and some other States, only one is required. 62 Legal Forms 33 (CONVEYANCE BY DEED) DEED WITH FULL COVENANTS. SHORT FORM THIS INDENTURE made the 22nd day of April, in the year Nineteen hundred and nine, between THOMAS DAY of the City, County and State of New York, banker, of the first part, and GEORGE KNIGHT of the same place, merchant, of the second part, WITNESSETH : That the said party of the first part, in 1 1 consideration of Three thousand Dollars ($3,000) lawful J-j money of the United States, paid by the party of the second g part, doth hereby grant and release unto the said party of the V second part, his heirs and assigns forever, ALL that certain lot, piece or parcel of land, situate in the City of New York, and bounded and described as follows : Beginning at a point on the northerly line of Fifty-second Street, distant Three hundred and fifteen (315) feet westerly from the north-westerly corner of Fifty-second Street and Fifth Avenue, and part of the way through a party wall one hundred (100) feet, four (4) inches, to the center line of the block ; thence westwardly along said center line, and parallel with Fifty-second Street twenty (20) feet ; thence south- wardly parallel with Fifth Avenue, and part of the way through a party wall, One hundred (100) feet, four (4) inches, to the northerly line of Fifty-second Street ; thence eastwardly twenty (20) feet to the point or place of beginning, being known by the street number of 25 West Fifty-second Street, subject to party wall agreements and covenants as to building, and against nuisances, as the same appears of record. TOGETHER with the appurtenances and all the estate and rights of the first part, in and to said premises. TO HAVE AND TO HOLD the above granted premises unto the said party of the second part, his heirs and assigns forever. AND the said party of the first part doth covenant with the party of the second part as follows : Legal Forms 63 ' FIRST. That the party of the first part is seized of the said premises in fee simple, and has good right to convey the same. SECOND. That the party of the second part shall quietly enjoy the said premises. THIRD. That the said premises are free from incum- brances. FOURTH. That the party of the first part will procure any further necessary assurances of the title to said premises. FIFTH. That the party of the first part will forever warrant the title to said premises. IN WITNESS WHEREOF, the said party of the first part hath hereunto set his hand and seal the day and year first above written. IN THE PRESENCE OF: STATE OF NEW YORK, COUNTY OF NEW YORK./ ' On this 23rd day of April, 1910, before me personally came "IA Thomas Day, to me known to be the person described in, and J who executed the foregoing instrument, and acknowledged < the execution thereof for the uses and purposes therein \ mentioned. x 1 Note the absence of a jurat in the acknowledgment. 64 Legal Forms 34 (SEARCH) A Search is an examination of records of transfers of property made for the purpose of verifying the correctness of a description of property and the soundness of the title thereto. PREMISES : Fifteen lots as colored in above diagram. REGISTER OF THE CITY AND COUNTY OF NEW YORK : Please search for Conveyances, Mortgages and all other instruments of record in your office, of, upon, or affecting the above-described property, and made by William F. Beams, from September 1, 1871, to date of search, Siegmund T. Meyer, from May 6th, 1871, to date of search. For Whitbeck & Wandell, May 1909. FRANCIS P. OSBORN, Assignee of William F. Beams, to JAMES H. COLEMAN. Deed dated Oct. 27th, 1871. Recorded Nov. 3rd, 1871. Liber 1196 of Cons., page 212. See Liber 1149 of Cons. 55, bankrupt proceeding. \ Mortgage dated May 8th, SIEGMUND T. MEYER, 1871. to v Recorded May 8th, 1871. JAMES H. COLEMAN. Liber 1015 of Morts., p. 89. j $13,000. \ Mortgage dated May 17th, SAME 1871. to > Recorded May 17th, 1871. JOHN D. LEWIS. Liber 10 17 of Morts., p. 206. 1 $3,450 Nothing else found. June 1, 1909, 9 A.M. W. F. Gilley, Dep. Reg. Legal Forms 65 35 (OLD FORM OF DEED) The following exercise is useful not because this form of deed is likely to be dictated very often to a stenographer, but for the excellent practise it affords in peculiar^ terms and expressions likely to occur in other documents. THIS INDENTURE 1 made the day of May, in the year one thousand eight hundred and eighty-eight, between LOUIS TAYLOR, of the City, County and State of New York, of the first part, and WALTER H. WISE, of the same place, of the second part. WITNESSETH : THAT the said party of the first part, for and in consideration of the sum of one dollar, lawful money of the United States of America, to him in hand paid by the said party of the second part, at or before the execution and delivery of these presents, the receipt whereof is hereby acknowledged, and the said party of the second part, his heirs, executors and administrators being released and discharged from the same by these presents, has granted, bargained, sold, aliened, remised, released, conveyed, and confirmed, and by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the said party of the second part and to his heirs and assigns forever, ALL that certain lot, piece or parcel of land with the buildings thereon, bounded and described as follows : Beginning at a point three (3) feet east of a stone post at the line of Tim McCarthey's land, and running thence south-easterly fifty (50) feet to the boundary line of Westchester County ; thence along said bound- ary line south-westerly seventy-nine (79) feet (6) inches ; thence north-westerly fifty (50) feet, and thence north-easterly seventy- nine (79) feet, six (6) inches to the point or place of beginning, be the said dimensions more or less ;! being the same premises designated on a certain map entitled "Surveyor's Map of Harlem " as lot No. 10, subject, however, to the dower right of the wife of the party of the first part ; together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, liens, 1 Indenture, " A mutual agreement in writing between two or more parties, whereof each party has usually a counterpart or duplicate. Indentures were originally duplicates, laid together and indented by a notched cut or line, or else written on the same piece of parchment and separated by a notched line so that the two papers or parchments corresponded to each other. But indenting has gradually become a mere form, and is often neglected, while the writings or counterparts retain the name of indentures." 5 (403) 66 Legal Forms issues and profits thereof, and also all the estate, right, title, interest, property, claims and demands whatsoever, as well in law as in equity, of the said party of the first part, of, in or to the above described premises, and every part and parcel thereof, with the appurtenances, to have and to hold all and singular the above-mentioned and described premises unto the said party of the second part, his heirs and assigns, and to his own proper use, benefit and behoof forever. AND the said Louis Taylor, for his heirs, executors and administrators, does hereby covenant, grant and agree to and with the said party of the second part, his heirs and assigns, that the said Louis Taylor at the time of the sealing and delivery of these presents, was lawfully seized in his own right of a good, absolute and indefeasible estate of inheritance in fee simple, of and in, all and singular, the above granted, bargained and described premises with the appurtenances, and has good right, full power, and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid. AND that the said party of the second part, his heirs and assigns, shall and may at all times hereafter peaceably and quietly have, hold, use, occupy, possess and enjoy the above granted premises and every part and parcel thereof with the appurtenances, without any let, suit, trouble, molestation, eviction or disturbance of the party of the first part, his heirs or assigns, or of any other person or persons lawfully claiming or to claim the same. AND that the same now are free, clear, discharged, and unencumbered of and from all further and other grants, titles, charges, estates, judgments, taxes, assessments and incumbrances of any kind whatsoever, and also that the said party of the first part and his heirs and all and every other person or persons whomsoever lawfully or equitably deriving any estate, right, title or interest of, in or to the hereinbefore granted premises by, from, under, or in trust for him or them, shall and will, at any time or place, upon the reasonable request and at the proper costs and charges in the law of the said party of the second part, his heirs and assigns, make, do and execute, or cause or proclaim to be made, done or executed all and every such further and other lawful and reasonable acts, conveyances and issues in the law for the more effectually possessing and confirming the premises hereby indicated to be granted in and to the said party of the second part, his heirs and assigns forever as by the said party of the first part, his heirs and assigns, or his counsel learned in the law, shall be reasonably disposed or required. Legal Forms 67 AND the said Louis Taylor, and his heirs the above described and hereby granted and released premises and every part and parcel thereof with the appurtenances unto the said party of the second part, his heirs and assigns, against the said party of the first part and his heirs, and against all and every person and persons whomsoever lawfully claiming or to claim the same, shall and will warrant and by these presents forever defend the said Walter H. Wise, the party of the second part hereinbefore named. IN WITNESS WHEREOF the said party of the first part has hereunto set his hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED) IN THE PRESENCE OF : STATE OF NEW YORK, ) CITY AND COUNTY OF NEW YORK, J ' ' BE IT REMEMBERED that on this day of May, in the year one thousand eight hundred and eighty-eight, before me, George Washington Smith, a Commissioner for the State of New York, personally appeared Louis Taylor, who I am satisfied is the grantor in the within indenture named, and I having first made known to him the contents thereof, did declare and acknowledge that he signed, sealed and delivered the same as his voluntary act and deed for the purposes therein expressed. And the said Mary A. Wise, the wife of the afore-mentioned Walter H. Wise, being by me privately examined separate and apart from her husband, did declare and acknowledge that she signed, sealed, and delivered the same as her voluntary act and deed freely, and without any fear, threats or compulsion by or from her said husband. (SEAL) Commissioner for the State of New York. 68 Legal Forms 36 (CONVEYANCE BY MORTGAGE) A Mortgage is " a conveyance of property, upon condition, as security for the payment of a debt or the performance of a duty, and to become void upon payment or performance according to the stipulated terms." The written instrument by which the conveyance is made is also called a Mortgage. A right of redemption is "an inseparable incident of a mortgage until the mortgager is debarred by his own neglect, or by judicial decree." (MORTGAGE) THIS INDENTURE made the day of in the year nineteen hundred and ten, between GEORGE KNIGHT, of Westchester, New York, of the first part, and WILLIAM JONES, of Brooklyn, New York, of the second part. WHEREAS : The said George Knight is justly indebted to the said party of the second part in the sum of two thousand dollars ($2,000.) lawful money of the United States, secured to be paid by his certain bond or obligation bearing even date herewith, conditioned for the payment of the said sum of two thousand dollars ($2,000.), IT BEING EXPRESSLY AGREED that the whole of the said principal sum shall become due after default in the payment of interest as hereinafter provided, NOW THIS INDENTURE WITNESSETH : That the said party of the first part for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation with interest thereon, and also for and in considera- tion of One Dollar, paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby grant and release unto the said party of the second part, and to his heirs and assigns forever, ALL that certain lot of land situate in the City of New York, and bounded as follows : Beginning at a point on the west side of the Southern Boule- vard, about sixty-seven (67) feet, four (4) inches north of the north-west corner of the Southern Boulevard and One hundred and sixty-seventh Street ; thence running west parallel with One hundred and sixty-seventh Street seventy-nine (79) feet, eleven (11) inches; thence north-west twenty-four (24) feet, three (3) inches, parallel with Simpson Street ; thence east, parallel with One hundred and sixty-seventh Street, eighty-four (84) feet, nine (9) inches to the westerly side of the Southern Legal Forms 69 Boulevard ; and thence south, along the same, twenty-four (24) feet, three (3) inches, to the point of beginning, the same being known as No. 1864 Southern Boulevard. TOGETHER with the appurtenances and all the estate and rights of the party of the first part, in and to the said premises, TO HAVE AND TO HOLD the above granted premises unto the said party of the second part, his heirs and assigns forever. PROVIDED ALWAYS that if the said party of the first part, his heirs, executors, or administrators, shall pay unto the said party of the second part, his executors, administrators, or assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon at the time and in the manner mentioned in the said condition, that then these presents and the estate hereby granted shall cease, determine and be void. AND the said George Knight does covenant with the said party of the second part as follows : FIRST. That the party of the first part will pay the indebted- ness as hereinbefore provided, and if default be made in the payment of any part thereof, the party of the second part shall have power to sell the premises herein described according to law. SECOND. That the party of the first part will keep the build- ings on the said premises insured against loss by fire for the benefit of the mortgagee. THIRD. And it is hereby expressly agreed that the whole of said principal sum shall become due at the option of the said party of the second part after default in payment of interest for days. IN WITNESS WHEREOF: The said party of the first part to these presents has hereunto set his hand and seal the day and year above written. IN THE PRESENCE OF: STATE OF NEW YORK, j COUNTY OF NEW YORK.) ' On this day of in the year Nineteen hundred and ten, before me personally came George Knight, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. 70 Legal Forms 37 (BOND) A Bond is " an obligation in writing under seal, in which a person binds himself to pay another a certain sum of money at a specified time," usually with a condition added that " if the obligor does some particular act, the obligation shall be void, or else shall remain in full force." A Bond usually accompanies a Mortgage. KNOW ALL MEN BY THESE PRESENTS : THAT I, GEORGE KNIGHT, of Westchester, New York, am held and firmly bound unto WILLIAM JONES, of Brooklyn, New York, in the sum of Four Thousand Dollars 1 (84,000.), lawful money of the United States, to be paid to said William Jones, his certain attorney, executors, administrators or assigns : FOR WHICH PAYMENT, to be made, I do bind myself, my heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with my seal. Dated the day of 1909. THE CONDITION of the above obligation is such, that if the above bounden George Knight, his heirs, executors or administrators, shall pay, or cause to be paid, unto the above named William Jones, his Executors, administrators, or assigns, the sum of Two Thousand Dollars 1 ($2,000.), then the above obligation to be void, otherwise to remain in full force and virtue. SEALED AND DELIVERED) IN THE PRESENCE OF: J (Acknowledgment Clause) 1 The amount of the bond is always twice the amount of the actual indebtedness. In addition to the clauses contained in the above document, a Bond may contain certain other clauses, such as Insurance, Insurance and Tat, Interest, Water Rates and Assessment, etc. A Bottomry Bond relates to the mortgage of a ship. Legal Forms 71 38 (BOND WITH INTEREST CLAUSE) KNOW ALL MEN BY THESE PRESENTS: THAT I, CHARLES WHEELER, of the City, County and State of New York, am held and firmly bound unto ALFRED TAYLOR, of the same place, in the penal sum of Twenty Thou- sand Dollars ($20,000.), lawful money of the United States of America, to be paid to the said Alfred Taylor, his executors, administrators or assigns, for which payment well and truly made, I do hereby bind myself, my heirs, executors and adminis- trators firmly by these presents. Sealed with my seal, dated the 26th day of June, One thousand, nine hundred and nine. The condition of the above obligation is such, that if the above bounden Charles Wheeler, his heirs, executors, or administrators, shall well and truly pay, or cause to be paid unto the above named Alfred Taylor, his executors, administrators or assigns, the just and full sum of Ten thousand Dollars ($10,000.), with interest thereon, at the rate of six per cent, per annum, payable semi-annually, on the first days of April and October respectively, in each year, without any fraud or other delay, then the above obligation to be void, otherwise to remain in full force and virtue. AND IT IS HEREBY EXPRESSLY AGREED that should any default be made in the payment of the said interest, on any day whereon the same is made payable as above expressed, and should the same remain unpaid and in arrears for the space of six months, or should any tax or assessment to be hereafter imposed upon the premises described in the mortgage accompany- ing this bond become due or payable, and should the same remain unpaid and in arrears for the space of three months, then and from thenceforth, that is to say, after the lapse of said periods, the aforesaid principal sum, with all arrearage of interest thereon, shall, at the option of said Alfred Taylor or his legal representa- tives, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. SEALED AND DELIVERED) IN THE PRESENCE OF: J 72 Legal Forms 39 (BOND OF INDEMNITY) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, JOHN T. LLOYD, late of the City of New York, died in said city on the 2nd day of December, 1907 ; and whereas Anna Lloyd, the widow of said decedent, is about to apply for Letters of Administration upon his estate, upon giving bond for the faithful performance of her duty in the discharge of her trust as such administratrix in the sum of Fifty Thousand Dollars ; AND WHEREAS, BENJAMIN HOBSON, of the City of Brooklyn, County of Kings and State of New York, executed said bond of even date with this instrument, NOW THEREFORE, We, the undersigned, the widow and all the heirs at law and next of kin of said John T. Lloyd, in consideration of the premises and the sum of One Dollar to each of us in hand paid, the receipt whereof is hereby acknowledged, do hereby jointly and severally, for ourselves and each of us, and for the heirs, executors and administrators of each of us, bind ourselves and covenant and agree to and with the said Benjamin Hobson, that we will indemnify him and save him harmless from any liability, claim, demand, or cause of action which may in any manner arise or accrue in favor of any person or persons from his becoming a surety upon said bond. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of May, 1910. IN THE PRESENCE OF: Legal Forms 73 40 (LEASE) A Lease is " a demise or letting of lands, tenements, or hereditaments " (e.g., any species of property that may be inherited) " to another for life, for a term of years, or at will . . . usually for a specified rent or compensation " ; also the contract for such letting. THIS INDENTURE, made the 10th day of October, 1909, between HERRICK LOVELL, of the first part, and MEYER MOSES, of the second part, WITNESSETH : THAT the said party of the first part hath letten, and by these presents does grant, demise, and to farm let unto the said party of the second part, the house and lot situated on the north-west corner of One Hundred and Thirty-first Street and Lenox Avenue, with the appurtenances, for the term of three years, from the 15th day of October, 1909, at the yearly rent or sum of Twenty-five hundred Dollars ($2500.), to be paid in equal monthly payments. AND IT IS AGREED that if any rent shall be due and unpaid, or if default shall be made in an}' of the covenants herein contained, then it shall be lawful for the said party of the first part to re-enter the said premises and to remove all persons therefrom. AND the said party of the second part does covenant to pay to the said party of the first part the said yearly rent as herein specified, on the first day of each and every month, and that at the expiration of the said term, the said party of the second part will quit and surrender the premises hereby demised, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted. " AND the said party of the first part does covenant that the said party of the second part, on paying the said yearly rent, and performing the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid. (Acknowledgment.) 74 Legal Forms 41 SCHEDULE SHOWING RECEIPTS AND EXPENSES for the SIX MONTHS ENDING MAY 31 ST, 1910, FOR REAL ESTATE Income from Real Estate belonging jointly to J. P. Bell Trust and S. Finley Bell Trust Estates for six months ending May 31, 1910. Receipts. 240 Broadway : Store, 7 months to May 1st. . . $3,500.00 2d floor, 7 months to April 1st . . 1,458.31 3d and 4th floors, 6 months to May 1st 499.98 $5,458.29 123 West 49th Street : Expenditures exceeded receipts. None. 453 Second Avenue : 6 months to June 1st . . . 450.00 455 Third Avenue : 6 months to June 1st ... 450.00 457 Madison Avenue : 6 months to June 1st . . . 500.00 459 First Avenue : 6 months to June 1st ... 450;00 461 Lexington Avenue : 6 months to June 1st . . . 450.00 22 West 33rd Street : 6 months to June 1st . . . 450.00 10 West 3d Street : 6 months to June 1st ... 450.00 3,200.00 Total receipts . . $8,658.29 Legal Forms 75 42 (ASSIGNMENT) An Assignment is a " transfer of title or interest by writing." The document showing such transfer is also called an Assignment. Assignments are frequently employed by bankrupts for the purpose of transferring their property to certain persons called assignees in whom it is vested for the benefit of creditors. (GENERAL ASSIGNMENT) KNOW ALL MEN BY THESE PRESENTS: 1 THAT I, HENRY S. JOHNSON, of the City, County, and State of New York, for value received, have sold, and by these presents do grant, assign and convey unto PHILIP R. BATES of the same place, all the stock and fixtures now in my store located at 215 Broadway in the Borough of Manhattan, in said City of New York, TO HAVE AND TO HOLD the same unto the said Philip R. Bates, his executors, administrators and assigns forever, to and for the use of said Philip R. Bates, hereby constituting and appointing said Bates my true and lawful attorney irrevocable in my name, place and stead, for the purposes aforesaid, to ask, demand, sue for, attach, levy, recover and receive all such sum or sums of money which now are, or may hereafter become due, owing and payable for, or on account of, all or any of the accounts, dues, debts and demands above assigned. GIVING AND GRANTING unto the said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary, as fully, to all intents and purposes, as I might or could do, if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that the said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal the 20th day of December, one thousand nine hundred and nine. SEALED AND DELIVERED IN THE PRESENCE OF: 1 Presents, " Present letters or instrument." " Know all men by these presents," that is, by the writing itself. 7 6 Legal Forms 43 (ASSIGNMENT OF CLAIM) KNOW ALL MEN BY THESE PRESENTS: THAT I, WILLIAM BROWN, of Berlin, Germany, for and in consideration of the sum of one dollar to me in hand paid by FREDERICK H. JONES, and of other valuable considera- tions unto me from him moving, have assigned, sold and trans- ferred, and by these presents do sell, assign, transfer and set over unto the said Frederick H. Jones, of the City of New York, all claims and demands of whatsoever kind or description whether in law or in equity, which I had against Henry Jones, now deceased, at the time of his death, and which I now have against his Administratrix, and especially a certain claim or demand existing in my favor against the said Henry Jones, deceased, arising out of an agreement dated the 15th day of September, 1907, and made and entered into between William Brown and George Field of the one part, and the said Henry Jones of the other part. TO HAVE AND TO HOLD the said claims and demands unto the said Frederick H. Jones, his executors, administrators and assigns, forever. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this day of July, 1909. UNITED STATES CONSULATE, | BERLIN, GERMANY. } On this day of July, 1909, before me personally came William Brown, to me known and known to me to be the same person mentioned and described in, and who executed the foregoing instrument, and who to me acknowledged that he executed the same for the purposes therein mentioned. Legal Forms 77 44 (AGREEMENT) An Agreement is a Contract or engagement that something shall be done or omitted. It is also " an exchange of promises, mutual understanding, arrangement, or stipulation." The document embodying such reciprocal promises is also called an Agreement. AGREEMENT made this 23rd day of May, One thousand nine hundred and ten, between F. C. DEAN, party of the first part, and CHARLES T. WILSON, party of the second part. WHEREAS, there have been deposited with THOMAS W. AMES, Esq., Two hundred and eighty-seven thousand eight hundred and fifty-five shares of the capital stock of the Atlas Machine Company of New York, One hundred thousand shares of which are the property of said Charles T. Wilson, and One hundred and eighty-seven thousand, eight hundred and fifty-five shares are the property of said F. C. Dean, NOW THEREFORE, in consideration of the premises and the sum of One Dollar, by each to the other paid, the receipt whereof is hereby acknowledged, it is agreed, by and between the parties to these presents, the said Thomas W. Ames also assenting thereto, FIRST. That the said Two hundred and eighty-seven thousand, eight hundred and fifty-five shares of the Atlas Machine Company of New York shall remain in the custody and keeping of said Thomas W. Ames for the term of one year from the date hereof. SECOND. It is further agreed that said stock shall not be delivered to any person or persons by said Thomas W. Ames during said term, except upon the written order of said F. C. Dean, and that at the expiration of said term Thomas W. Ames shall deliver said shares to said party of the first part. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: 78 Legal Forms 45 (AGREEMENT OF CREDITORS) KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, CHARLES FISHER is justly indebted ' to us, his several creditors, in divers sums of money, which are set opposite to our names respectively, and which by reason of his insolvency, he is unable to pay in full, NOW THEREFORE, We, the undersigned, for and in consideration of the mutual covenants and agreements herein- after set forth, and of the sum of One Dollar 1 to each of us in hand paid by the said Charles Fisher, the receipt whereof is hereby acknowledged, hereby agree to accept thirty cents on the dollar in full satisfaction and discharge of our several and respective debts, as follows : One-third thereof within three months from the date hereof, one-third thereof within six months from the date hereof and one-third thereof within nine months from the date hereof, and each of the said instalments shall be evidenced by the promissory note of the said Charles Fisher. THE said Charles Fisher hereby agrees to deposit on the 1st day of each and every month hereafter, until the final payment as herein provided for is made, with WILLIAM R. SMITH, the sum of one hundred dollars, which the said Smith is to apply to the payment of the notes given hereunder. IF the said Fisher shall fail to make said deposit on the 1st day of any month, then all of the notes given hereunder shall at once become due and payable, anything to the contrary in said notes contained notwithstanding, and this agreement to become null and void. IN WITNESS WHEREOF, we have hereunto set our hands and seals, this day of 1910. 1 One Dollar, the " consideration " without which a contract or agreement is void. Legal Forms 79 46 (POWER OF ATTORNEY) A Power, letter, or warrant, of attorney is a " written authority from one person empowering another to transact business for him." An Attorney is " one who is legally appointed by another to transact any business for him." Such an one is called an attorney in fact. " A legal agent qualified to act for suitors and defendants in legal proceedings is called an attorney in law." KNOW ALL MEN BY THESE PRESENTS: THAT I, ARTHUR T. SPRAGUE, have made, constituted and appointed, and by these presents do make, constitute and appoint, HERMAN McINTIRE my true and lawful attorney, for me and in my name, place and stead. GIVING AND GRANTING unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue thereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal the 10th day of January, 1910. SEALED AND DELIVERED IN THE PRESENCE OF: (Usual Acknowledgment.) 8o Legal Forms 47 (ANOTHER FORM OF POWER OF ATTORNEY) KNOW ALL MEN BY THESE PRESENTS: THAT I, ALFRED TAYLOR, of the City, County and State of New York, have made, constituted, and appointed, and by these presents do make, constitute, and appoint CHARLES WHEELER, of the same place, my true and lawful attorney for me and in my name, place and stead, to buy and sell all goods, wares and merchandise, and to pay for the same either in cash or in credit, to collect all debts and claims due and payable to me, and to compromise any or all such claims and demands, and to deposit money in, and to draw and endorse any and all checks and drafts for any sum or sums of money on any and all bank and banks, and to collect the amounts thereof, and to make, sign and endorse any and all promissory note or notes, and offer the same for discount, GIVING AND GRANTING unto my said attorney full power and authority to do and perform all and every act or thing whatsoever requisite and necessary to be done in and about the premises as fully to all intents and purposes as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , one thousand, nine hundred and ten. SEALED AND DELIVERED IN THE PRESENCE OF: (Usual Acknowledgment.) Legal Forms 81 48 (RELEASE FROM COPARTNERSHIP LIABILITY) KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the late copartnership firm of E. J. Stern & Son, of the City of New York, are indebted to me, the undersigned Charles Lewin, of the City of New York, in the sum of Five thousand dollars, by virtue of a judgment made and entered in the City Court of the State of New York, on the 7th day of October, 1908, in an action wherein said Charles Lewin was the plaintiff and the late firm were defendants ; and WHEREAS, the said copartnership has been dissolved ; and WHEREAS, I have agreed with Edward A. Stern, a member of the said firm, to compound or compromise my claim on him individually in respect of the said indebtedness to me of the said firm for the sum of six hundred and fifty dollars, NOW, THEN, in consideration of the sum of Six hundred and fifty dollars ($650.) to me, the said Charles Lewin, paid by the said Edward A. Stern, at or before the time of subscribing this release, I, the said Charles Lewin, do hereby, according to the statute in such case made, release and exonerate the said Edward A. Stern of and from all liability incurred by him by reason of his connection with said copartnership. Provided, however, that this present release is made pursuant to Section 1942 of the Code of Civil Procedure, and shall have no greater or other effect than as by the said Act and by this release is provided. WITNESS my hand, this day of June, 1909. 6 (403) 82 Legal Forms 49 (RELEASE) KNOW ALL MEN BY THESE PRESENTS: THAT I, , for and in consideration of the sum of dollars, lawful money of the United States of America, to me in hand paid by the receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for myself, my heirs, executors and administrators remise, release and forever discharge the Union Square Company of New York, its successors or assigns, of and from all and all manner of action and actions, cause and causes, of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judg- ments, extents, executions, claims and demands whatsoever, in law or in equity, which against the Union Square Company I have ever had, now have, or which my heirs, executors or administrators hereafter can, shall or may have, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the date of these presents, and including especially and particularly any and all claim which I may have, by reason of an accident which occurred to me, while in the employ of and upon the premises of the said Union Square Company, and whereby and as a result whereof I have been deprived by amputation of one of my limbs. IN WITNESS WHEREOF I have hereunto set my hand and seal this day of , 1909. Legal Forms 83 1 SOME WESTERN LEGAL FORMS (COURT DOCUMENTS) (NOTE. In California Court documents are not folioed unless so 4 directed by the court in which the case is being tried ; on the other 5 hand it is customary in that State to write legal documents on long g paper with numbered lines, usually 34 lines to a page. This is done in New York State only for cases on appeal. The square paper, 8^ X 10, is coming more and more into use all over the country.) 50 !0 (A CALIFORNIA COMPLAINT) Instead of calling the heading the " Caption," it is called in California " Title of the Court and Cause." Observe the absence of a top line to the " box." 13 Notice the names of John Doe, etc., in the title. These are 14 fictitious names always used in court documents when the real names ic f parties are not known. 16 IN THE SUPERIOR COURT OF THE STATE OF 17 CALIFORNIA, IN AND FOR THE COUNTY 18 OF KERN 19 20 FRESNO MIDWAY OIL AND LAND COMPANY 21 (a Corporation), 22 Plaintiff, 23 vs. 24 W. P. CUNNINGHAM, H. A. KING, JOHN DOE, 25 RICHARD ROE, CHARLES DOE, FRED ROE, 26 HARRY BLACK and DICK BLUE, 27 Defendants. 28 -, 29 Plaintiff complaining alleges : 30 I 31 That at all the times herein mentioned, it was and is now 32 a corporation, organized and existing under the laws of the 33 State of California. 34 II 35 That on the 15th day of June, 1908, plaintiff was, and for 36 a long time prior thereto, had been in the open, notorious, 37 peaceable, actual, and exclusive possession of all that certain 38 piece or parcel of land described as follows, to wit : The 39 south-east quarter of section 14, Township 32 South, Range 40 23 East, Mount Diablo, Base and Meridian, Kern County, 41 California, and of the dwelling houses, structures and 42 improvements thereon. 84 Legal Forms 1 III 2 That on said 15th day of June, 1908, and while the plaintiff 3 was so in the actual and peaceable possession of said land 4 and premises, the defendants with violence and by force 5 entered thereon and in a forcible manner ousted said plaintiff 6 from said land and premises. 7 IV 8 That the said defendants unlawfully withhold and keed 9 possession of said land and premises, and have so held and 10 kept possession of the same at all times since the said 11 15th day of June, 1908. 12 And for a further and separate cause of action against 13 defendants, plaintiff alleges : 14 I 15 That at all the times herein mentioned it was and is now 16 a corporation, organized and existing under the laws of the 17 State of California. 18 II 19 That on the 15th day of June, 1908, plaintiff was entitled 20 to the possession of the following described land and 21 premises, to wit : The south-east quarter of Section 14, 22 Township 32 South, Range 23 East, Mount Diablo, Base 23 and Meridian, Kern County, California, and of the dwelling 24 houses, structures and improvements thereon. 25 26 III 27 That on the said 15th day of June, 1908, the defendants 28 by force and violence, and without the right so to do, entered 29 and took possession of the same, and from that day hitherto 30 have kept and still hold and keep possession of the same 31 unlawfully and by force, contrary to the Statute in such case 32 made and provided. 33 And for a further, separate and distinct cause of action 34 against defendants, plaintiff alleges : 35 36 I 37 That at all the times herein mentioned, it was and is now 38 a corporation, organized and existing under the laws of the 39 State of California. 40 II 41 That on the 15th day of June, 1908, plaintiff was and for 42 a long time prior thereto had been in the open, notorious, Legal Forms 85 1 peaceable, actual and exclusive possession of all that certain 2 piece, or parcel of land, described as follows, to wit : the 3 north-east quarter of Section 14, Township 32 South, Range 4 23 East, Mount Diablo, Base and Meridian, Kern County, 5 California, and of the dwelling houses, structures, and 6 improvements thereon. Ill 8 That on said 15th day of June, 1908, and while the 9 plaintiff was so in the actual and peaceable possession of said 10 land and premises, the defendants with violence and by force 11 entered thereon, and in a forcible manner ousted said 1 2 plaintiff from said land and premises. 13 IV 14 That the said defendants unlawfully withhold and keep 15 possession of said land and premises, and have so held and 16 kept possession of the same at all times since the said 15th 17 day of June, 1908. 18 And for a further and separate cause of action against 19 defendant, plaintiff alleges : 20 I 21 That at all the times herein mentioned, it was and is now 22 a corporation, organized and existing under the laws of the 23 State of California. 24 II 25 That on the 15th day of June, 1908, plaintiff was entitled 26 to the possession of the following described land and premises, 27 to wit : the north-east quarter of Section 14, Township 32 28 South, Range 23 East, Mount Diablo, Base and Meridian, 29 Kern County, California, and of the dwelling houses, 30 structures, and improvements thereon. 31 III 32 That on said 15th day of June, 1908, the defendants by 33 force and violence, and without the right so to do, entered 34 and took possession of the same and from that day hitherto 35 have kept and still hold and keep possession of the same 36 unlawfully, and by force, contrary to the form of this 37 Statute in such case made and provided. 38 WHEREFORE, plaintiff prays judgment against defend- 39 ants for the recovery and restitution of possession of said 40 lands and premises and its cost of suit. 41 Geo. L. Whitaker, 42 Attorney for Plaintiff. 86 Legal Forms 1 STATE OF CALIFORNIA, j 2 COUNTY OF KERN, j ' 3 4 E. J. BOUST, being first duly sworn, deposes and says : 5 That he is an officer of the plaintiff herein, to wit : a Director 6 thereof, and is also the agent and attorney in fact of said 7 plaintiff, and as such makes this affidavit on behalf of said 8 plaintiff ; that he has read the foregoing Complaint and 9 knows the contents thereof ; and that the same is true of 10 his own knowledge except as to those matters therein stated 11 on information and belief, and as to those matters he verily 12 believes it to be true. 13 14 Subscribed and sworn to before ) F T R , 15 me this 29th day of June, 1908. / *" J> J 16 I. L. Miller, County Clerk in and for the County of Kern, 19 State of California. 20 21 (SEAL) By BedeU Smith, 22 Deputy Clerk. 23 No. 5813. 24 Complaint filed June 29, 1908. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Legal Forms 87 51 (DEMURRER) A Demurrer is " a stop or pause by a party to an action, for the judgment of the court on the question, whether, assuming the truth of the matter alleged by the opposite party, it is sufficient in law to sustain the action or defense, and hence whether the party resting is bound to answer or proceed further." IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF KERN CHARLES YOTTNG, Plaintiff, vs. THE PENNSYLVANIA FIRE INSURANCE COMPANY (a Corporation). and THE NORTH-WESTERN NATIONAL INSURANCE COMPANY (a Corporation), Defendants. > No. 5690. Now comes the Pennsylvania Fire Insurance Company, one of the defendants in the above entitled action, and demurs to plaintiff's Complaint on file herein, and for grounds of demurrer specifies : I That said Complaint does not state facts sufficient to constitute a cause of action. II (a) That said Complaint is uncertain in this, that it cannot be ascertained therefrom what are the facts upon which the allegation in Paragraph VI of said Complaint, that the policy of insurance therein referred to " remained in full force," is based. (b) That it cannot be ascertained therefrom what are the facts upon which the allegation in Paragraph VII of said Complaint that the said policy " was in full force " is based. Legal Forms 1 (c) That it cannot be ascertained therefrom what are the 2 facts upon which the allegation in Paragraph XII of said 3 complaint, " that said plaintiff was deceived and led to . 4 believe," etc., is based. 5 6 (d) That it cannot be ascertained therefrom what are the 7 acts which led the plaintiff to believe that the said policy 8 was valid as alleged in Paragraph XIX of said Complaint. 9 10 WHEREFORE said defendant prays to be hence dismissed 11 with its costs. 12 13 14 Attorneys for said Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Legal Forms 89 52 1 IN THE SUPERIOR COURT OF THE COUNTY OF 2 KERN, STATE OF CALIFORNIA 3 4 . AMENDED COMPLAINT 5 C. F. BENNETT, 6 Plaintiff, 7 vs. 8 ZENDA MINING AND MILLING COMPANY 9 (a Corporation), 10 Defendant. 11 12 13 By leave of Court first had, plaintiff files this his Amended 14 Complaint against defendant herein, and for cause of action 15 alleges : 16 17 I 18 19 That defendant is, and at all the times herein mentioned 20 was, a corporation, duly incorporated, organized and 21 existing under the laws of the State of California. 22 23 II 24 25 That defendant is indebted to plaintiff in the sum of One 26 hundred and eighty-seven and 96/100 ($187.96) Dollars, for 27 balance of an account for cash advanced and paid out by 28 plaintiff for defendant, and for hauling freight by plaintiff 29 for defendant, all at defendant's special instance and 30 request, within the two years last past, and at and in said 31 County of Kern, State of California. 32 33 III 34 35 That no part of said balance of account has ever been paid. 36 WHEREFORE, plaintiff prays judgment against defend- 37 ant for the sum of One hundred and eighty-seven and 96/100 38 ($187.96) Dollars, and costs of action. 39 40 41 Attorneys for Plaintiff. 42 90 Legal Forms 1 STATE OF CALIFORNIA, ) 2 COUNTY OF KERN. I ' ' 3 4 C. F. Bennett, being by me first duly sworn, deposes and 5 says : that he is the plaintiff in the within entitled action ; 6 that he has read the foregoing Amended Complaint, and 7 knows the contents thereof, and that the same is true of his 8 own knowledge except as to such matters as are therein 9 stated upon information and belief, and as to those matters 10 he believes it to be true. 11 12 Subscribed and sworn to before me,} 13 this day of 1909. ' 14 15 16 17 18 19 20 21 22 23 24 25 < 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Legal Forms 91 53 1 (ORDER PERMITTING AMENDED COMPLAINT 2 TO BE FILED) 3 4 5 6 IN THE SUPERIOR COURT OF THE COUNTY OF 7 8 KERN, STATE OF CALIFORNIA 9 10 11 JO > 13 C. F. BENNETT, ORDER 14 Plaintiff, PERMITTING 15 vs. AMENDED 16 ZENDA MINING AND MILLING COMPANY COMPLAINT 17 (a Corporation), TO BE FILED 18 Defendant. 19 20 21 22 23 Upon application of plaintiff's attorneys, and good cause 24 appearing therefor, it is ordered that plaintiff be and hereby 25 is allowed to file an Amended Complaint in the above entitled 26 action. 27 28 29 30 31 32 Judge of the Superior Court. 33 34 35 36 Dated, March , 1909. 37 38 , 39 40 41 42 92 Legal Forms 54 1 (CALIFORNIA AFFIDAVIT OF SERVICE BY MAIL) 2 3 IN THE SUPERIOR COURT OF THE COUNTY OF 4 KERN, STATE OF CALIFORNIA 5 6 7 C. F. BENNETT, 8 Plaintiff, 9 vs. 10 ZENDA MINING AND MILLING COMPANY 11 (a Corporation), 12 Defendant. 13 AFFIDAVIT OF SERVICE BY MAIL 14 STATE OF CALIFORNIA,) 15 COUNTY OF KERN. J ' ' 16 17 VIERA COLE, being first duly sworn, says : 18 That she is over the age of eighteen years and resides 19 at Bakersfield, California ; that C. L. Claflin, and W. B. 20 Beaizley, are the attorneys of record for the plaintiff in the 21 above entitled action, and have their office at Bakersfield, 22 California, and that affiant is the clerk of said attorneys ; 23 that Messrs. Waterman and Wood and L. P. Green, are the 24 attorneys for the defendant in said action, and have their 25 office at 420 to 424 Wilcox Building, No. 206 South Spring 26 Street, Los Angeles, California ; that in each of said two 27 places, to wit : Bakersfield, and Los Angeles, California, 28 there is a United States post-office, and that between each 29 of said two places there is a regular daily communication by 30 mail ; that on the 15th day of September, 1908, affiant 31 served the annexed notice of decision and entry of judgment 32 upon the said Messrs. Waterman & Wood and L. P. Green, 33 said attorneys for defendants, by then depositing in the 34 United States post-office at said Bakersfield, a full, true and 35 correct copy of said notice enclosed in a sealed envelope 36 addressed to the said Messrs. Waterman & Wood, and 37 L. P. Green, at 420 to 424 Wilcox Building, No. 206 South 38 Spring St., and prepaying the postage thereon. 39 Subscribed and sworn to before me, ) 40 this 15th day of September, 1909. I 41 42 Legal Forms 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 55 (CALIFORNIA ANSWER) IN THE JUSTICE'S COURT OF THE THIRD TOWNSHIP, KERN COUNTY, CALIFORNIA J. F. BLALOCK, Plaintiff, vs. SOUTHERN PACIFIC COMPANY (a Corporation), SOUTHERN PACIFIC RAILROAD COMPANY (a Corporation), and ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (a Corporation), Defendants. Come now the defendants, Southern Pacific Company and Southern Pacific Railroad Company, and for their answer to the complaint of plaintiff on file in the above entitled action, deny and allege as follows : Deny that on or about the 12th day of November, 1908, or at any other time, the plaintiff was the owner or possessed of the cow described in his complaint, and deny that the said cow was worth sixty-five dollars, or any other sum of money. Deny that on or about the 12th day of November, 1908, the plaintiff was the occupant or licensee, or otherwise entitled to the possession, of a certain tract of land in the Third Township, County and State aforesaid, situated next to the right of way of these defendants or either of them, or to the land of these defendants or either of them upon which they or either of them maintained a railroad track, as alleged in the complaint, or otherwise. Deny that the cow mentioned in the said complaint casually, or without the fault of the said plaintiff, strayed in or upon the track or ground occupied by these defendants or either of them, from the land occupied by the said plaintiff, or upon which the plaintiff had any right to keep said cow. For a further and separate defense to the said cause of action stated in plaintiff's complaint, these defendants 94 Legal Forms 1 allege that the cow mentioned in the said complaint was 2 killed within the limits of the station grounds of the station 3 of Kern at a point on the said track where neither of these 4 defendants was obligated by law or otherwise to maintain 5 said fence, or any fence. 6 7 For a further and separate defense to the cause of action 8 stated in plaintiff's complaint, these defendants allege that 9 the above entitled Court has no jurisdiction of the said cause 10 of action, and no right to try the issues between the plaintiff 11 and these defendants, for the reason that the right of 12 possession of land is necessarily involved. 13 14 WHEREFORE, these defendants pray that the plaintiff 15 take nothing by this action, but that these defendants have 16 judgment for their costs, and for such other or further relief 17 as may be proper in the premises. 18 19 FRED E. BORTON, 20 Attorney for Defendants above named. 21 22 STATE OF CALIFORNIA,) 23 COUNTY OF KERN. / 24 Fred E. Borton, being first duly sworn, says : that the 26 above named defendants are corporations, and have no 27 officer or agent within this county qualified to make this 28 affidavit ; that affiant is attorney for said defendants in this 29 action, and makes this affidavit in their behalf by reason 30 of the above facts. That affiant has read the portion of the 31 said answer denominated " A Further and Separate 32 Defense," commencing on line 14 of page 2 of the said 33 answer, and ending with the word " involved " on line 21 34 of the said page 2, and knows the contents thereof, and that 35 the said is true of his own knowledge. 36 37 FRED E. BORTON. 38 39 Subscribed and sworn to before me, 40 this 16th day of October, 1908. 41 A. F. LIGHTNER, 42 N. P., etc. Legal Forms 95 56 1 2 (NOTICE OF TRIAL) 3 IN THE SUPERIOR COURT OF THE STATE OF 4 5 CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES 6 7 8 9 10 MATTIE S. FARNUM, Plaintiff, vs. 11 12 KERN VALLEY BANK (a Corporation), and RONALD MCDONALD, 13 14 15 Defendants. * 16 To the above named defendants and to Matthew S. Platz, 17 18 their attorney : You and each of you will please take notice that the above entitled cause has been set for trial before 19 20 21 the above entitled Court in the Court Room of Department 2 thereof, for Friday, the first day of November, 1908, at the hour of 10 A.M. 22 23 24 25 26 27 Attorneys for Plaintiff above named. 28 29 30 31 32 33 34 35 36 1 RECEIVED a copy of the foregoing Notice this 30th day of October, 1908. Attorney for Defendants. 37 38 39 40 41 42 1 The following various forms of Admission of Service are employed in California : " Received copy of the within this day of , 190 ." " Due service of the within admitted this day of 1908." Admissions of Service, as well as Verifications, are frequently printed on the inside of the " back." 96 Legal Forms 57 1 (CALIFORNIA BRIEF) 2 3 IN THE SUPERIOR COURT OF THE STATE OF 4 CALIFORNIA, IN AND FOR THE COUNTY OF 5 LOS ANGELES 6 7 DEFENDANT'S POINTS AND AUTHORITIES 8 C. F. BENNETT, 9 Plaintiff, 10 vs. 1 1 ZENDA MINING AND MILLING COMPANY 12 (a Corporation), 13 Defendant. 14 15 16 Plaintiff's books show and plaintiff testified that prior 17 to February 23rd, 1907, he had various transactions with the 18 defendant, all of which had been settled ; that on that date 19 all previous accounts had been closed, except that one item 20 of $2.00, for hauling a dog from defendant's mine to Caliente, 21 had never been adjusted. The transactions involved in this 22 action commenced on February 16th and continued to 23 March 7th, 1908, the date on which Van Waggonen aban- 24 doned his lease and left the country. The question at issue 25 is purely one of law, and having asserted that Van Waggonen 26 was the ostensible agent of the defendant, it is incumbent 27 upon the plaintiff to meet all the requirements of the law 28 to show that relation. . . . Plaintiff has long since ceased 29 business relations with defendant, and had no authority to 30 act for it further. If he elected to rely and act upon the 31 assumed authority of Van Waggonen, a total stranger, 32 without ascertaining Van Waggonen's true relation toward 33 defendant, and the extent and nature of his authority, as 34 he was legally bound to do, he acted solely at his own risk. 5D 36 37 OSTENSIBLE AGENCY 38 An agency is ostensible when the principal intentionally, 40 or by want of ordinary care, causes a third person to believe 41 another to be his agent who is not really employed by him. 42 Legal Forms 97 1 Sec. 2300, C.C. Ostensible authority is such as a principal, intentionally 3 or by want of ordinary care, causes or allows a third person 4 to believe the agent to possess. 5 6 Sec. 2317 C.C. To obtain judgment against defendant it was necessary for 8 plaintiff to show the existence of a contract and promise, 9 either expressed or implied, made in person or through an 10 agent on the part of the defendant to pay for the goods. 11 Gosliner and Granger, Bank of 12 Cal., 124 Cal. 225-8. 13 14 DECLARATION AND ACTS OF AGENT 15 16 Where one without authority assumes to act as agent, he 17 makes himself liable as principal. 18 Terwilliger vs. Murphy, 3 N.E. 404. 19 Pratt vs. Beaupre, 10 Minn. 187. 20 The burden of showing the existence of an agency is upon 21 the party who alleges it. John vs. Kelley, 50 111. App. 570. 23 That receipts were signed by one as agent does not prove 24 that he is an agent Donan vs. Mitchell, 26 Ga. 472. 26 Whoever deals with an agent is put on his guard by that 27 very fact, and does so at his risk. It is his right and duty 28 to inquire into and ascertain the nature and extent of the 29 powers of the agent, and to determine whether the act or 30 contract about to be consummated comes within the 31 province of the agency, and will or will not bind the principal. Chaffee vs. Stubbs, 37 La. Ann. 656. 33 Plaintiff has shown no law or authority on which to base 34 a recovery, and defendant, under the principles established 35 by the foregoing authorities, conclusively shows to this 36 Court that defendant is entitled to judgment for its costs 37 herein expended. 38 39 Respectfully submitted, 40 41 42 Attorneys for Defendant. 7 (403) 98 Legal Forms 58 1 (FINDINGS) 2 The result of a judicial examination or inquiry, especially into 3 some matter of fact. 4 IN THE SUPERIOR COURT IN AND FOR THE 5 COUNTY OF LOS ANGELES, STATE OF CALIFORNIA 6 7 MATTIE S. FARNUM, 8 Plaintiff, 9 vs. 10 KERN VALLEY BANK (a Corporation), 11 R. MCDONALD, JOHN DOE, RICHARD ROE, 12 HENRY BLACK AND ANNA BLACK, 13 Defendants. 14 FINDINGS 15 The above entitled action came on duly and regularly for 16 trial before the Court, sitting without a jury on the third 17 day of March, 1908, on the issues raised by the complaint 18 filed by the plaintiff, and the separate amended answer and 19 amended cross-complaint, filed by the defendant, Kern 20 Valley Bank, a corporation, and the answer to the amended 21 cross-complaint filed by the plaintiff in said action. A trial 22 by jury having been waived by both parties, F. D. McClure, 23 Esq., and F. E. Borton, Esq., appearing as Counsel for 24 Plaintiff, and Matthew S. Platts, Esq., appearing as Counsel 25 for the Defendant, Kern Valley Bank, a corporation. 26 Whereupon witnesses were duly sworn and examined and 27 documentary evidence introduced on behalf of the plaintiff, 28 and evidence having been introduced by the defendant, 29 Kern Valley Bank, a corporation, both of said last named 30 parties having introduced their evidence, the said cause was 31 argued ; thereupon the plaintiff made a motion for judgment 32 as prayed for in plaintiff's complaint, and a motion for a 33 non-suit upon defendant's cross-complaint, at which time 34 it was submitted to the Court for decision, and after due 35 deliberation, the Court granted plaintiff's motions and finds 36 the following facts as the facts in the case : I 38 That on the first day of September, 1907, and for a long 39 time prior thereto, and ever since said date, the said plaintiff 40 has been, and she now is the owner and in possession of those 41 certain lots, pieces or parcels of land situate, lying, and being 42 in the City of Bakersfield, County of Kern, State of California. Legal Forms 99 1 II 2 That the plaintiff holds the fee title to the said premises 3 and the appurtenances thereunto belonging, and that said 4 property is a homestead of the said plaintiff. 5 III 6 That the defendant, the Kern Valley Bank, a corporation, 7 also claims an interest or lien upon said property by virtue 8 of attachments, executions, deficiency judgments, or other 9 liens in the cases entitled " Kern Valley Bank, a corporation, 10 Plaintiff, vs. N. G. Farnum, Defendant " filed in the Superior 11 Court of the County of Kern, State of California. 12 IV 13 The Court finds that the defendant, Kern Valley Bank, 14 a corporation, did maliciously attempt to cloud the title of 15 said plaintiff to said premises, and to annoy the said plaintiff, 16 and did threaten to forcibly and maliciously and unlawfully 17 enter into the possession of said premises. 18 V 19 The Court finds that it is untrue that the said premises 20 are not now, nor have they ever been, the separate property 21 of plaintiff ; that it is untrue that said lots were not paid for, 22 and said building or house erected with the separate money 23 of the plaintiff. 24 AS CONCLUSIONS OF LAW from the foregoing facts, 26 the said Court finds : 27 (1) That for all the times mentioned in plaintiff's com- 28 plaint, the said plaintiff, Mattie S. Farnum, is and was the 29 owner in fee of the property described in the complaint. 30 (2) That the said defendant, Kern Valley Bank, a cor- 31 poration, does not hold, and it has not any estate, right, title, 32 interest or lien, in, to or against said property, or any parcel 33 or part thereof. 34 (4) That the plaintiff, Mattie S. Farnum, should recover 35 from defendant, Kern Valley Bank, a corporation, her costs 36 herein taxed, at the sum of Dollars ($ ). 37 Let judgment be entered accordingly. 38 Dated this day of March, 1908. 39 40 Judge of the Superior Court of 41 County of Los Angeles, 42 State of California. ioo Legal Forms 59 1 (DISMISSAL) 2 3 4 5 6 IN THE SUPERIOR COURT OF THE COUNTY OF 7 8 SAN FRANCISCO, STATE OF CALIFORNIA 9 10 11 tO v 13 MARVIN DAVIS, 14 Plaintiff, 15 vs. No. 5690. 16 PENNSYLVANIA FIRE INSURANCE * DEPARTMENT 17 COMPANY (a Corporation, et al.}, 18 Defendants, to No. 2 20 21 22 23 DISMISSAL 24 25 All matters in dispute between the respective parties to 26 the above entitled action having been fully adjusted and 27 settled, said action is hereby dismissed, and the Clerk of the 28 above Court is hereby authorized to enter such dismissal of 29 record. 30 31 32 THOS. SCOTT, 33 34 Attorney for Plaintiff. 35 36 Dated, San Francisco, Calif., 37 38 September 22nd, 1909. 39 40 41 42 Legal Forms 101 60 1 (CALIFORNIA COST BILL) 2 3 4 IN THE SUPERIOR COURT OF THE COUNTY OF 5 6 KERN, STATE OF CALIFORNIA 7 8 9 MEMORANDUM OF COSTS AND DISBURSE- MENTS 10 C. F. BENNETT, 11 Plaintiff, 12 vs. 13 ZEND A MINING AND MILLING COMPANY 14 (a Corporation), 15 Defendant. 16 17 18 19 20 21 22 1907. 23 Mch. 29. Justice's fees filing Complaint and issuing 24 summons $2.00 25 ,, ,, Notary's fees, 3 affidavits ; one for 26 attachment on undertaking . . 1.50 27 Apr. 1. Sheriff's fees, Los Angeles, service 28 summons and mileage . . . 1.50 29 ,, 6. Constable fees, Caliente, service attach- 30 ment, $1.00, return $.50, mileage $.25 1.75 31 May 14. Recorder's fees, Kern County, recording 32 attachments 1.10 33 ,, Clerk's certificate to signature of Justice 34 of Peace to attachment . . . .25 35 ,, 22. Sheriff's fees San Louis Obispo County, 36 service of attachment and mileage 37 (attachment of property of defendant 38 made in San Louis Obispo County) . 1.25 39 1908. 40 Jan. 17. Certified copy Articles of Incorporation 41 of Zenda Mining & Milling Company 42 introduced in evidence .50 102 Legal Forms 1 1908. 2 Feb. 7. Justice's fees, trial fees $3.00 3 One-half expense of attendance of 4 Justice at Caliente (stipulation of 5 parties) ...... 2.50 6 11. Notary's fees affidavit to cost bill in 7 Justice's Court .... .50 8 Notary's fees affidavit of service of cost 9 bill, Justice's court .... .50 10 lx/ 11 Total taxed in Justice's Court 16.33 12 Sept. 5. Notary's fees, affidavit to this cost bill . .50 13 ,, ,, of serving cost 14 bill and notice decision .60 16 $17.85 17 MMMMSSi 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Legal Forms 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 61 (BILL OF EXCEPTIONS) (Title Page) IN THE SUPREME COURT OF THE STATE OF CALIFORNIA MATTIE S. FARNUM, Plaintiff and Respondent, vs. KERN VALLEY BANK (a Corporation, et a/.), Defendant and Appellant. PROPOSED BILL OF EXCEPTIONS OF THE KERN VALLEY BANK, A CORPORATION. MATTHEW S. PLATZ, Attorney for Appellant. 104 Legal Forms 1 Charles A. Lee 2 Called as a witness in behalf of the plaintiff, and being first 3 duly sworn, testified upon direct examination as follows : 4 My name is Charles A. Lee. I reside in Kern County. I am 5 the County Recorder of Kern County. I find on pages 434 and 6 435 of Book 127 deeds Kern County Records a deed executed 7 by the Kern County Land Company to Mattie S. Farnum. 8 Here the said record was by the plaintiff offered in evidence. 9 Mr, Platz : If the Court please, I object to that going into 10 evidence upon the ground that it is irrelevant, immaterial, 11 and incompetent, and it is not within the pleadings in the 12 case and does not tend to prove any of the issues before this 13 Court in this case. 14 The Court : The objection is overruled. 15 Mr. Platz : We note an exception. 16 (Appellant's exception number 1.) 17 (Here the records above referred to were introduced in 18 evidence and are in the words and figures following.) 19 I find on page 471 Volume 2 of Homesteads, a declaration 20 of homestead, filed by Mattie S. Farnum. 21 Mr. McClure : If the Court please, we ask to introduce 22 the record in evidence. 23 Mr. Platz : That is objected to, your Honor, as irrelevant, 24 immaterial, and incompetent, and not within the issues 25 framed by the pleadings in this case. 26 The Court : Objection overruled. 27 Mr. Platz : Exception. 28 (Appellant's exception number 2.) 29 Mr. Platz : Now then, if the Court please, I move now 30 that the Court proceed to determine and pass upon these 31 questions of fact involved in this plea of abatement. 32 The Court : The motion is denied. Proceed with this 33 case in the ordinary way to try your case. 34 Mr. Platz : Note an exception. (Appellant's exception number 3.) 36 Charles A. Lee 37 Recalled as a witness and testified as follows, on the part 38 of the defendant : 39 I find in book 187 of deeds, page 80, a deed from J. W. 40 Kelley, Sheriff of the County of Kern, to the Kern Valley Bank. 41 Mr. Platz : Now, I offer the deed in evidence. 42 Mr. McClure : If the Court please, we object to any deed Legal Forms 105 1 being offered in evidence from J. W. Kelley to the Kern 2 Valley Bank. The Court : The objection is sustained. 4 Mr. Platz ; Note an exception. 5 (Appellant's exception number 4.) 6 7 SPECIFICATION OF ERRORS 8 1 . The Court erred in overruling defendant's obj ection to the 9 Court proceeding to try the issues of fact in the case without 10 first disposing of the plea in abatement, exception No. 3. 11 2. The Court erred in admitting the deed in evidence, pur- 1 2 porting to convey the property in question to the plaintiff, the 13 deed not being referred to in the complaint, exception No. 1. 14 3. The Court erred in refusing the defendant to introduce 15 in evidence the sheriff's deed, exception No. 4. 16 4. The Court erred in admitting the declaration of home- 17 stead in evidence, the plaintiff being a married woman and 18 the declaration of homestead not being set out in the 19 complaint, exception No. 2. 20 The foregoing constitutes defendant's proposed Bill of 21 Exceptions on motion for a new trial herein, which defendant 22 serves upon the plaintiff, in accordance with defendant's 23 notice of intention to move for a new trial herein, heretofore 24 served and filed, and ask that the said statement on motion 25 for a new trial and Bill of Exceptions be authenticated and 26 settled as correct. 27 Dated, April 18th, 1908. 28 29 Attorney for defendant. 30 The foregoing Bill of Exceptions and statement on motion 31 for a new trial in the foregoing action was on the day 32 of April, 1908, duly served within the time required by law. 33 34 Attorney for plaintiff. We hereby certify and stipulate that the foregoing Bill of 36 Exceptions and statement on motion for a new trial is 37 correct and the same may be allowed and settled. 38 Dated, day of , 1908. 39 40 Attorney for plaintiff. 41 42 Attorney for defendant. 106 Legal Forms 62 1 (PROPOSED AMENDMENTS TO DEFENDANT'S 2 PROPOSED BILL OF EXCEPTIONS) 3 4 5 IN THE SUPERIOR COURT OF THE STATE OF 6 CALIFORNIA, IN AND FOR THE COUNTY OF 7 LOS ANGELES 8 9 10 MATTIE S. FARNUM, 11 Plaintiff, 12 vs. 13 KERN VALLEY BANK (a Corporation), 14 Defendant. 15 16 17 Comes now the plaintiff above named, and proposes the 18 following amendments to defendant's proposed Bill of 19 Exceptions : 20 21 Insert after the word " off," being the last word on line 5 22 of page 2 of said proposed Bill of Exceptions, the words and 23 figures " Volume 127 of." Strike out the parenthesis after the word " evidence " on 25 line 17, page 2 of said proposed Bill of Exceptions, and 26 insert in lieu thereof the following words and characters, " and the said record is in the words and figures following, 28 to wit : (here insert copy of the said record)." 29 Strike out the parenthesis after the word " evidence," line 30 22 of page 2 of said proposed Bill of Exceptions, and insert 31 in lieu thereof the following words and characters, to wit : " the said declaration of homestead as recorded, is in the 33 words and figures following, to wit ; (here insert copy of 34 said record)." Insert a period after the word " wife," being the last word 36 on line 7 of page 3 of the said proposed Bill of Exceptions. 37 38 39 40 41 Attorneys for Plaintiff above named. 42 Legal Forms 107 63 1 (NOTICE OF APPEAL) 2 3 4 5 6 IN THE JUSTICE'S COURT OF THE FOURTEENTH 7 TOWNSHIP, COUNTY OF KERN, STATE OF 8 CALIFORNIA 9 10 11 12 NOTICE OF APPEAL 13 C. P. BENNETT, 14 Plaintiff, 15 vs. 16 ZENDA MINING AND MILLING COMPANY (a 17 Corporation), 18 Defendant. 19 20 21 22 23 To E. N. Dearborn, Justice of said Court, and to C. L. 24 Claflin, Attorney for said Plaintiff. 25 26 You, and each of you, will please take notice that the 27 defendant in the above entitled action hereby appeals to the 28 Superior Court of the County of Kern, State of California, 29 from the judgment made and entered in the Justice's Court 30 of said Fourteenth Township on the 7th day of February, 31 1909, in favor of the plaintiff in said action and against said 32 defendant, and from the whole thereof. 33 34 This appeal is taken on questions of both law and fact. 35 36 37 Dated this 28th day of February, 1909. 38 39 40 41 Attorneys for Defendant. 42 io8 Legal Forms 64 1 2 3 4 5 6 OMAR M. LEE, 7 Plaintiff, . 8 vs. 9 HAZEL RAWLINGS, 10 Defendant. 11 DECREE OF FORECLOSURE AND ORDER OF SALE 12 This cause came on regularly to be heard in open Court on 13 the. 29th day of November, 1909, LainMoynier, Esq., appear- 14 ing for Plaintiff, and Cecil Baker, Esq., for the Defendant. 15 The Court having heard all the evidence and proofs 16 produced herein, and duly considered the same, and being 17 fully advised in the premises, and it appearing therefrom 18 to the satisfaction of the Court : 19 FIRST : That Hazel Rawlings, the above named 20 Defendant, has been duly and regularly summoned to 21 answer unto the Plaintiff's complaint therein, and that the 22 said Hazel Rawlings, the Defendant herein, has made 23 default in that behalf, and that the default of such Defend- 24 ant for not appearing and answering unto Plaintiff's 25 Complaint has been duly and regularly entered herein ; 26 SECOND: That on the day of 27 , 190 , the Plaintiff herein caused to be 28 filed and recorded in the office of the County Recorder of 29 the County of San Joaquin a notice of the pendency of 30 this suit, containing the names of the parties thereto, the 31 object thereof, and also a true and correct description of 32 the lands and premises affected thereby ; THIRD : That there is now due and owing to the 34 Plaintiff from the Defendant upon the promissory note 35 and for money expended under the terms of said Mortgage, 36 as set forth and described in Plaintiff's Complaint, the sum 37 of Three hundred and seventy-five Dollars and thirty-nine 38 cents, and that the Defendant, the said Hazel Rawlings, 39 is personally liable for the whole amount thereof ; 40 That there is also due Plaintiff from Defendant Twenty- 41 four Dollars and sixty-one cents, costs, percentage, and 42 necessary disbursements ; Legal Forms 109 1 FOURTH : That the said sum of Twenty-four Dollars 2 and sixty-one cents, and Three hundred and seventy-five 3 Dollars and thirty-nine cents, making in all $400.00, as 4 aforesaid, is a valid lien upon the lands and premises in 5 Plaintiff's Complaint, and hereinafter set forth and 6 described, and is secured by the Mortgage mentioned in 7 said Complaint ; 8 FIFTH : That each and all of the terms and conditions 9 of said Mortgage enforced and foreclosed, and the lands 10 and premises hereinafter set forth and described, have been 11 sold in the manner prescribed by law, and the proceeds 12 arising from such sale applied to and upon the payment 13 of said sum of money so due as aforesaid ; 14 SIXTH ; That each and all of the allegations and aver- 1 5 ments in Plaintiff's Complaint contained are true and correct ; 16 NOW, THEREFORE, on motion of Lain Moynier, 17 Counsel for Plaintiff, 18 IT IS ADJUDGED AND DECREED, that all and 19 singular the mortgaged premises mentioned in the said 20 Complaint and hereinafter described, or so much thereof 21 as may be sufficient to raise the amount due to the Plaintiff 22 for the principal and interest, and costs of this suit, and 23 expenses of sale, and which may be sold separately without 24 material injury to the parties interested, be sold at public 25 auction by the Sheriff of the County of San Joaquin in the 26 manner prescribed by law, and according to the course and 27 practise of this Court, and that the said Sheriff, after the 28 time allowed by law for redemption has expired, execute 29 a deed to the purchaser or purchasers of the mortgaged 30 premises on the said sale. 31 That the Defendant and all persons claiming, or to claim, 32 from or under, and all persons having liens subsequent to 33 said Mortgage by judgment or decree upon the land des- 34 cribed in said Mortgage, and their personal representatives, 35 and all persons having any lien or claim by or under such 36 subsequent judgment or decree, and their heirs or personal 37 representatives, and all persons claiming to have acquired 38 any estate or interest in said premises subsequent to the 39 filing of said notice of the pendency of this action with the 40 Recorder, as aforesaid, be forever barred and foreclosed of 41 and from all equity of redemption and foreclosed of and 42 from all equity of redemption and claim of, in and to said Legal Forms 1 mortgaged premises, and every part and parcel thereof, 2 from and after the delivBy of said Sheriff's Deed. 3 AND IT IS FURTHER ADJUDGED AND DECREED, 4 that the purchaser or purchasers of such mortgaged 5 premises at such sale be let into possession thereof, and 6 that any of the parties to this action who may be in pos- 7 session of said premises, or any part thereof, and any person 8 who, since the commencement of this action, has come into 9 possession under them or either of them, deliver possession 10 thereof to such purchaser or purchasers, on production of 11 the Sheriff's Deed for such premises, or any part thereof. 12 AND IT IS FURTHER ADJUDGED AND DECREED, 13 that if the moneys arising from the said sale shall be 14 insufficient to pay the amount so found due the Plaintiff, 15 as above stated, with interest and costs, and expenses of 16 sale, as aforesaid, the Sheriff specify the amount of such 17 deficiency due to the Plaintiff in his return of said sale, 18 and that on the coming in and filing of said return, the 19 Clerk of this Court docket a judgment for such balance 20 against the Defendant, and that the Defendant, Hazel 21 Rawlings, pay to the said Plaintiff the amount of such 22 deficiency and judgment, with interest thereon at the rate 23 of 8 per cent, per annum from the date of said last mentioned 24 return and judgment, and that the Plaintiff have execution 25 therefor. 26 The lands and premises directed to be sold by this decree 27 are situated, lying and being in the County of San Joaquin, 28 State of California, and bounded and particularly described 29 as follows, to wit : 30 The East half of the South-west Quarter of the North- 31 west Quarter, and the South-west Quarter of the South-east 32 Quarter of the North-west Quarter, and the North-east 33 Quarter of the South-west Quarter of Section thirty-one 34 (31), Township three (3), North, Range eight (8) East, 35 Mount Diablo Base and Meridian, with all the buildings, 36 structures, and improvements thereon ; TOGETHER with all and singular the tenements, 38 hereditaments, and appurtenances , thereunto belonging or 39 in anywise appertaining. 40 41 Judge of the Superior Court. 42 Done in open Court the 29th day of November, 1909. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Legal Forms in 65 (WRIT OF CERTIORARI) x A writ of certiorari is " a writ issued out of chancery, or a superior court, to call up the records of an inferior court, or remove a cause there depending, in order that the party may have more sure and speedy justice, or that errors and irregularities may be corrected. It is obtained upon complaint of a party that he has not received justice, or cannot have an impartial trial in the inferior court." IN THE SUPERIOR COURT OF THE COUNTY OF FRESNO, STATE OF CALIFORNIA CHARLES COTTLE, SAMUEL S. GAINKR, Plaintiff, Defendant. WRIT OF CERTIQRARI THE PEOPLE OF THE STATE OF CALIFORNIA, to The Hon. Dwight M. Griffith, GREETING : WHEREAS, it appears to us by the affidavit of J. E. Dyer, the party beneficially interested, that in a certain action pending before you, wherein Charles Cottle is plaintiff, and Samuel S. Gainer is defendant, you, exercising your judicial functions, have exceeded your jurisdiction, and that there is no appeal for any other plain, speedy or adequate remedy, WE THEREFORE COMMAND YOU, that you certify and send to our Superior Court of the State of California, County of Fresno, at the Court House in the County of Fresno, on the 10th day of January, A.D. 1910, annexed to the writ, a transcript of the record and proceeding in the ii2 Legal Forms 1 action aforesaid, with all things touching the same as fully 2 and entirely as it remains before you, by whatsoever names 3 the parties may be called therein, that the same may be 4 reviewed by our Superior Court, and that our said Superior 5 Court may further cause to be done thereupon what it may 6 appear of right ought to be done, and in the meantime we 7 command the said Dwight M. Griffith to desist from further 8 proceedings in the matter so to be reviewed. 9 10 WITNESS, Hon. A. L. Claflin, Judge of 11 the said Superior Court of the County 12 of Fresno, at the Court House in the 13 said County of Fresno, and the Seal of 14 said Court, this 2nd day of January, 15 A.D. 1910. 16 17 18 19 ~Clerk. 20 21 By 23 Deputy Clerk. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38- 39 40 41 42 Legal Forms 113 66 IN THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA CRANE COMPANY (a Corporation), Plaintiff, COMPLAINT FOR vs. [GOODS, WARES AND YELLOW ASTER MINING AND MILLING f MERCHANDISE SOLD COMPANY (a Corporation), Defendant. AND DELIVERED The plaintiff above-named complains of defendant and for cause of action alleges : That plaintiff is now and has been during all the times herein mentioned a corporation created, organized and existing under and by virtue of the laws of the State of Illinois. That defendant is now and has been during all the times herein mentioned a corporation created, organized and existing under and by virtue of the laws of the State of Nevada. That heretofore, to wit, at said City and County of San Francisco, State of California, within a period of two years last past, said plaintiff sold and delivered to said defendant at the special instance and request of defendant, goods, wares and merchandise at agreed prices, amounting to the sum of ten thousand dollars, which said sum defendant promised and agreed to pay to said plaintiff. That though often requested, no part of said sum has been paid by said defendant, but that said sum and every part thereof is now, and has been ever since the 23rd of October, 1907, due and wholly unpaid. WHEREOF, plaintiff demands judgment against said defend- ant for the sum of ten thousand dollars, together with interest thereon from the 23rd day of October, 1907, at the rate of seven per cent, per annum, and for its costs and disbursements in this action. WALTER D. MANSFIELD, Attorney for Plaintiff. 8 (409) n 4 Legal Forms STATE OF CALIFORNIA, SS. CITY AND COUNTY OF SAN FRANCISCO. Walter D. Mansfield, being duly sworn, deposes and says : That he is the attorney for the plaintiff in this action ; that he has read the foregoing complaint, and knows the contents thereof ; that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true. That said plaintiff and all the officers thereof are absent from the State of California and from the city and county of San Francisco, where affiant resides, and for that reason this complaint is verified by said attorney, the affiant herein. WALTER D. MANSFIELD. Subscribed and sworn to before me | this 13th day of December, 1909.) (SEAL) SAMUEL ROSENHEIM, Notary Public for the City and County of San Francisco, State of California. Legal Forms 115 67 IN THE SUPERIOR COURT, CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA CRANE COMPANY (a Corporation), Plaintiff, vs. YELLOW ASTER MINING AND MILLING COMPANY (a Corporation), AFFIDAVIT FOR ATTACHMENT STATE OF CALIFORNIA, \ CITY AND COUNTY OF SAN FRANCISCO. ) H. T. Lally, being duly sworn, says : That he is the agent and manager for Plaintiff in the above entitled action ; that the defendant in the said action is indebted to plaintiff in the sum of ten thousand dollars with interest from October 23rd, 1907, at the rate of 7 % per annum, over and above all legal setoffs and counter-claims, upon an express contract, for the direct payment of money, to wit, for goods, wares and merchandise sold and delivered to said defendant at its special instance and request within two years last past by plaintiff, and that such contract was made and is payable in this State, and that the payment of the same has not been secured by any mortgage or lien upon real or personal property, or any pledge upon personal property. That the said attachment is not sought, and the said action is not prosecuted, to hinder, delay or defraud any creditor or creditors of the said defendant. H. T. LALLY. Subscribed and sworn to before me) this 13th day of December, 1909. j SAMUEL ROSENHEIM, Notary Public. n6 Legal Forms 68 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO CRANE COMPANY (a Corporation), Plaintiff, vs. UNDERTAKING ON YELLOW ASTER MINING AND MILLING f ATTACHMENT COMPANY (a Corporation), Defendant. WHEREAS, the above-named plaintiff has commenced, or is about to commence, an action in the Superior Court in and for the City and County of San Francisco, State of California, against the above-named defendant upon a contract for the direct payment of money, claiming that there is due to the said plaintiff from the said defendant the sum of ten thousand dollars, besides interest, and is about to apply for an attachment against the property of said defendant as security for the satisfaction of any judgment that may be recovered therein : NOW, THEREFORE, We, the undersigned, residents and householders of and within the State of California, in considera- tion of the premises, and of the issuing of said attachment, do jointly and severally undertake in the sum of five thousand five hundred dollars, and promise to the effect, that if the said defendant recovers judgment in said action the plaintiff will pay all costs that may be awarded to the said defendant, and all damages which he may sustain by reason of the said attachment, and not exceeding the sum of five thousand five hundred dollars. Dated the 13th day of December, 1907 : N. A. JUDD. (SEAL) CHRISTIAN FROELICH. (SEAL) Legal Forms 117 STATE OF CALIFORNIA, | CITY AND COUNTY OF SAN FRANCISCO. [ N. A. Judd and Christian Froelich, the sureties whose names are subscribed to the above undertaking, being severally duly sworn, each for himself, says : That he is a resident and house- holder within said State, and is worth the sum in the said under- taking specified, as the penalty thereof, over and above all his just debts and liabilities, exclusive of property exempt from execution. N. A. JUDD. CHRISTIAN FROELICH. Subscribed and sworn to before me,] this 13th day of December, 1907. j SAMUEL ROSENHEIM, Notary Public. n8 Legal Forms 69 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO CRANE COMPANY (a Corporation), Plaintiff, vs. YELLOW ASTER MINING AND MILLING COMPANY (a Corporation), Defendant. PETITION FOR REMOVAL OF CAUSE To the Honorable the Superior Court of the State of California, in and for the City and County of San Francisco : Comes now your petitioner, the Yellow Aster Mining and Milling Company, a corporation, the defendant herein, and respectfully shows to this Honorable Court : I That on the 13th day of December, A.D. 1907, the plaintiff herein, the Crane Company, filed a complaint in the Superior Court of the City and County of San Francisco, State of California, praying for a judgment against the defendant for the sum of $10,000.00, with interest thereon at the rate of seven per cent, per annum from the 23rd day of October, 1907, and for its costs and disbursements, the said sum being claimed by the said plaintiff upon a contract for the sale and delivery by the plaintiff to the defendant at its special instance and request, of goods, wares and merchandise at agreed prices and amounting to the said sum of $10,000.00. II That on said date and immediately after filing the said com- plaint the said plaintiff caused a summons to be issued out of the said Superior Court of the City and County of San Francisco in the said action, and the same was served upon this defendant. Ill Your petitioner further avers that the time has not elapsed wherein your petitioner is allowed under the practise and laws of the State of California and the rules of the said Superior Court of said City and County of San Francisco, in the State of California to appear, plead, demur or answer the said complaint. Legal Forms 119 IV Your petitioner further avers that at the time of the com- mencement of said suit, and ever since then, and at the present time, the plaintiff in the said action was and is a corporation organized and existing under and by virtue of the laws of the State of Illinois, and was at the time of the commencement of the action a citizen and resident of the State of Illinois and has been such citizen and resident ever since, and still is a citizen and resident of said State ; and the defendant, the Yellow Aster Mining and Milling Company, was, at the time of the commence- ment of said suit, and ever since has been, and still is, a corpora- tion organized under the laws of the State of Nevada, and is a citizen of the said State. V Your petitioner further avers that this is a controversy wholly between citizens of different states and who were such citizens of different states at the time of the commencement of said action. VI Your petitioner further avers that the petitioner, the said defendant, disputes the said claim of the said plaintiff, and denies all liability under the contract set out in the complaint, or for or on account of any of the matters therein alleged, and that the matter in dispute in this action exceeds the sum of $2,000.00, exclusive of interest and costs. VII That the time for your petitioner, this defendant, to answer or plead to the complaint in said action has not expired and .will not expire until the 24th day of December, 1907. And your petitioner herewith presents a good and sufficient bond, as provided by the statute in such cases, that it will, on or before the first day of the next ensuing session of the United States Circuit Court for the Northern District of California, file therein a transcript of the record of this action and for the payment of ah 1 costs which may be awarded by the said Court if the said Circuit Court shall hold that this suit was wrongfully or improperly removed thereto. Your petitioner therefore prays that this Court proceed no further herein, except to make the order of removal as required by law, and to accept the bond presented herewith, and direct a transcript of the record herein to be made for said Court as provided by law, and as in duty bound your petitioner will ever P ra y- J. S. CHAPMAN, Attorney for the Petitioner, the Yellow Aster Mining & Milling Company. (Similar verification to the one attached to the Complaint.) 20 Legal Forms 70 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO CRANE COMPANY (a Corporation), Plaintiff, vs. YELLOW ASTER MINING AND MILLING COMPANY (a Corporation), Defendant. No. 78,898. BOND ON REMOVAL OF CAUSE TO CIRCUIT COURT KNOW ALL MEN BY THESE PRESENTS, that we, the Yellow Aster Mining and Milling Company, as principal, and the American Bonding and Trust Company, of the City of Baltimore, State of Maryland, as surety, are held and firmly bound unto Crane Company, the plaintiff in the above-entitled cause, its assigns and successors, in the sum of one thousand ($1, 000. 00) dollars, lawful money of the United States of America, for the payment of which well and truly to be made, we and each of us bind ourselves, and each of us our successors, jointly and severally by these presents. The conditions of this obligation are such that : WHEREAS, the said Yellow Aster Mining and Milling Com- pany has applied by a petition to the Superior Court of the State of California in and for the City and County of San Francisco, for the removal of a certain cause therein pending wherein the said Crane Company is the plaintiff and the said Yellow Aster Mining and Milling Company is the defendant, to the Circuit Court of the United States, Ninth Circuit, Northern District of California, for further proceedings on the grounds in the said petition set forth, and that all further proceedings in said action in said Superior Court be stayed ; Legal Forms 121 NOW, THEREFORE, if the said petitioner, the Yellow Aster Mining and Milling Company, shall enter in the said Circuit Court of the United States, for the Ninth Circuit, Northern District of California, aforesaid, on or before the first day of the next regular session, a copy of the records in said suit, including copies of the process against it and of all pleadings, depositions, testi- mony and further proceedings in the cause, and shall pay or cause to be paid all costs that may be awarded therein by said Circuit Court of the United States, if said Court shall hold that said suit was wrongfully or improperly removed thereto, then this obligation shall be void ; otherwise shall remain in full force and effect. IN WITNESS WHEREOF, the said principal and surety have caused their corporate names to be hereunto subscribed and their corporate seals affixed, the 20th day of December, A.D. 1907. (Seal of Yellow Aster Mining and Milling Company) YELLOW ASTER MINING AND MILLING COMPANY, By R. L. BURCHAM, Secretary. (Seal of American Bonding and Trust Company) THE AMERICAN BONDING AND TRUST COMPANY OF BALTIMORE CITY. By JESSE W. LILIENTHAL, Vice-President. Attest. : BRONTE M. AIKENS, Assistant Secretary. 122 Legal Forms 71 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO CRANE COMPANY (a Corporation), Plaintiff, vs. YELLOW ASTER MINING AND MILLING COMPANY (a Corporation), Defendant. ORDER OF REMOVAL OF CAUSE The petition of the defendant above named praying for a removal of the above-entitled cause from the said Superior Court of the State of California in and for the City and County of San Francisco to the United States Circuit Court, Ninth Circuit, Northern District of California, coming on regularly to be heard at this time, and it appearing to this Court that all the allegations of said petition are true, and that said petition is in due form of law, and that said defendant has its bond duly conditioned with good and sufficient sureties as provided by law, which bond is hereby approved, And it further appearing that this is a proper cause for removal to said Circuit Court, NOW, THEREFORE, it is hereby ordered and adjudged that this cause be, and it hereby is, removed to the United States Circuit Court for the Ninth Circuit, Northern District of the State of California, and the clerk is hereby directed to make up the record in said case for transmission to said Court forthwith. Done in open Court this 23rd day of December, 1907. FRANK J. MURASKY, Judge of said Superior Court, Dept. No. 2. Legal Forms 123 72 IN THE CIRCUIT COURT OF THE UNITED STATES, NINTH CIRCUIT, NORTHERN DISTRICT OF CALIFORNIA CRANE COMPANY (a Corporation), Plaintiff, vs. YELLOW ASTER MINING AND MILLING COMPANY (a Corporation), Defendant. AMENDED' COMPLAINT Comes now the Crane Company, a corporation, plaintiff, by leave of Court first had and obtained, and files this its amended complaint, and for cause of action against the defendant, Yellow Aster Mining and Milling Company, a corporation, alleges : I That this plaintiff at all of the times herein stated was, and now is, and for more than two years last past has been, a corpora- tion duly organized under the laws of the State of Illinois, conducting and carrying on business in the State of California. II That the defendant is and was at all of the times herein men- tioned a corporation organized under the laws of the State of Nevada, conducting and carrying on business in the State of California. Ill That within two years last past at the City and County of San Francisco, State of California, plaintiff, at the special instance and request of defendant, sold and delivered to it goods, wares and merchandise, at agreed prices, amounting to the sum of sixty-two thousand one hundred and forty-four and 78/100 dollars ($62,144.78), which said sum defendant promised and agreed to pay to this plaintiff. That defendant has paid thereon the sum of fifty-two thousand one hundred and forty-four and 78/100 dollars (52,144.78), and no more, leaving a balance due plaintiff of the sum of ten thousand dollars which said sum is 124 Legal Forms unpaid. Though often requested defendant has failed, neglected and refused to pay said balance of ten thousand dollars, or any part or portion thereof, but the same and every part thereof is now and has been ever since the 23rd day of October, 1907, due and wholly unpaid. And for a further, separate and second cause of action, plaintiff herein alleges : I That this plaintiff at all of the times herein stated was, and now is, and for more than two years last past has been, a corpora- tion duly organized under the laws of the State of Illinois, conducting and carrying on business in the State of California. II That the defendant is, and was at all of the times herein men- tioned, a corporation organized under the laws of the State of Nevada, conducting and carrying on business in the State of California. Ill That heretofore, to wit, on the 24th day of March, A.D. 1907, plaintiff and defendant entered into the following agreement : (Here follows agreement set forth in full.) IV That plaintiff duly performed all the terms and conditions of said agreement on its part to be performed. V Though the payment of said sum has been frequently demanded of defendant, it has failed, neglected and refused to pay the same or any part thereof. That all of said goods, wares and merchandise were shipped by plaintiff and received by defendant at Johannesburg on or about ninety days prior to the 23rd of October, 1907. WHEREFORE, plaintiff demands judgment against defendant for the sum of ten thousand dollars, together with interest thereon at the rate of seven per cent, per annum, from the 23rd day of October, 1907, until the entry of judgment herein, and for its costs of suit, and all other proper relief. CAMPBELL, METSON & CAMPBELL, Attorneys for Plaintiff. UNITED STATES OF AMERICA, j NORTHERN DISTRICT OF CALIFORNIA, I S s. : CITY AND COUNTY OF SAN FRANCISCO, j (Here follows the usual verification.) Legal Forms 125 73 IN THE CIRCUIT COURT OF THE UNITED STATES, NINTH CIRCUIT, IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA CRANE COMPANY (a Corporation), Plaintiff, vs. YELLOW ASTER MINING AND MILLING COMPANY (a Corporation), Defendant. NOTICE OF MOTION FOR LEAVE TO FILE AMENDED ANSWER To the Plaintiff and Its Attorneys, Messrs. Campbell, Metson & Campbell, and Walter Mansfield. YOU WILL TAKE NOTICE that the defendant will, on Monday, the 3rd day of August, 1909, at ten o'clock A.M. of said day, or as soon thereafter as counsel can be heard for that purpose, move the court at the courtroom of the United States Circuit Court in the City and County of San Francisco, for leave to file an amended answer in this cause, and copy of the proposed amended answer is herewith served. The motion will be made upon the ground that the fourth paragraph of the third defense is misplaced, and should be transposed to the conclusion of the second answer or counterclaim, and made a part thereof. No other change is made in the answer down to the end of the second defense or counterclaim. The third defense is only changed to the extent necessary to complete it after the striking out of the 4th paragraph and transposing it to the counterclaim. And such amendment is proper to be made in order to make the more orderly arrangement of the matters set forth in the answer, and does not change in any manner the issues already raised. FRANK McGOWAN and J. S. CHAPMAN, Attorneys for Defendant. (Endorsed) : Receipt of a copy hereof admitted this 27th day of July, A.D. 1909, together with copy of amended answer. Attorneys for Plaintiff. NOTE TO THE STUDENT. This endorsement is called an " Admission of Service." 126 Legal Forms At a stated term, to wit, the July term, A.D. 1908, of the Circuit Court of the United States of America, of the Ninth Judicial Circuit, in and for the Northern District of California, held at the courtroom in the City and County of San Francisco, on Monday, the 10th day of August, in the year of our Lord one thousand, nine hundred and nine. Present : The Honorable JAMES H. BEATTY, District Judge, District of Idaho, designated to hold and holding said Circuit Court. CRANE COMPANY vs. I No. 13,190. YELLOW ASTER MINING AND MILLING j COMPANY. ORDER GRANTING MOTION TO FILE AMENDED ANSWER ORDERED defendant's motion for leave to file an amended answer herein granted by consent, without prejudice to plaintiff's right to move for and obtain continuance of the trial hereof, should the new matter in said amended answer render it necessary. Legal Forms 127 IN THE CIRCUIT COURT OF THE UNITED STATES, NINTH JUDICIAL CIRCUIT, NORTHERN DISTRICT OF CALIFORNIA CRANE COMPANY (a Corporation), Plaintiff, vs. YELLOW ASTER MINING AND MILLING COMPANY (a Corporation), Defendant. No. 13,190. VERDICT We, the jury, find in favor of the plaintiff, and assess the damages against the defendant at the sum of nine thousand 00/100 dollars ($9,000.00), with interest added. ALFRED J. MARCUS, Foreman. 128 Legal Forms 75 IN THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA CRANE COMPANY (a Corporation), Plaintiff, vs. YELLOW ASTER MINING AND MILLING COMPANY (a Corporation), Defendant. No. 13,190. JUDGMENT ON VERDICT This cause having come on regularly for trial upon the 20th day of April, 1910, being a day in the March, 1910, term of this Court, before the Court, and a jury of twelve men duly impaneled and sworn to try the issues joined herein, and J. C. Campbell and Walter D. Mansfield, Esq., having appeared as attorneys for plaintiff, and J. S. Chapman and Frank McGowan, Esqs., having appeared as attorneys for defendant, and the trial having pro- ceeded upon the 20th, 21st, 22nd, 25th, 26th and 27th days of April, and the 2nd day of May, 1910, before twelve jurors, and upon the 3rd, 4th and 5th days of May, 1910, by consent of the attorneys for the respective parties, before ten jurors, and evidence, oral and documentary, upon behalf of the respective parties having been introduced, and the evidence having been closed, and the cause, after arguments of the attorneys for the respective parties, and the instructions of the Court, having been submitted to the jury, and the jury, after due deliberation, having rendered the following verdict, which was ordered recorded, viz. : " We, the jury, find in favor of the plaintiff, and assess the damages against the defendant at the sum of nine thousand 00/100 dollars ( $9,000.00/100) with the interest added. Alfred J. Marcus, Foreman " ; and the Court having ordered that judg- ment be entered herein in accordance with said verdict in favor of plaintiff and against defendant for the sum of nine thousand dollars with costs, Legal Forms 129 Now, by virtue of the law, and by reason of the premises aforesaid, it is considered by the Court, that Crane Company, a corporation, plaintiff herein, do have and recover of and from Yellow Aster Mining and Milling Company, a corporation, defendant herein, the sum of nine thousand dollars, together with its costs herein expended, taxed at $631.60. Judgment entered May 11, 1910. SOUTHARD HOFFMAN, Clerk. A true copy. SOUTHARD HOFFMAN, (SEAL) Attest : Clerk. By W. B. Beaizley, Deputy Clerk. 130 Legal Forms 76 IN THE CIRCUIT COURT OF THE UNITED STATES. For the District of Nevada IN EQUITY MILLER & Lux (a Corporation), Complainant, vs. THE RICKEY LAND AND CATTLE COMPANY (a Corporation), Defendant. BILL OF COMPLAINT TO THE JUDGES OF THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEVADA : Miller & Lux, a corporation organized and existing under the laws of the State of California, and having its principal place of business at San Francisco, California, and a citizen of the State of California, brings this its bill against the Rickey Land and Cattle Company, a corporation organized and existing under the laws of the State of Nevada, and having its principal place of business at Carson City, in the County of Ormsby, State of Nevada, and within the District of Nevada, and a citizen of the State of Nevada ; and thereupon your orator complains and says : 1. That your orator is a corporation organized and existing under the laws of the State of California, and has its principal place of business at San Francisco, in the State of California, and is a citizen of the State of California ; and it has been such corporation, and has had its principal place of business at the place aforesaid, continuously since the 5th day of May, 1897. 2. That the defendant, the Rickey Land and Cattle Company, is a corporation organized and existing under the laws of the State of Nevada, and has its principal place of business at Carson City, in the County of Ormsby, in the said State of Nevada, and within said District of Nevada, and is a citizen of the State of Nevada. 3. That on the 10th day of June, 1904, your orator exhibited to and filed in this Court its bill of complaint against one Thomas B. Rickey, and against many other persons ; which suit is numbered 731 on the equity docket of this Court. Legal Forms 131 4. That thereafter, on the said 10th day of June, 1904, this Court duly issued its writ of subpoena in said suit upon said bill of complaint, directed to the said Thomas B. Rickey and the other persons made defendants by said bill ; and thereafter, on the said 10th day of June, 1904, the said writ of subpoena was duly served by the marshal of this district upon the said Thomas B. Rickey, and was thereafter served upon the other defendants in said suit. 5. That thereafter the said Thomas B. Rickey entered his appearance in said suit, and thereafter filed in this Court his plea to the jurisdiction of said Court, which plea was overruled by this Court, and the said Thomas B. Rickey was by this Court ruled to answer to said bill of complaint, and he has answered the same. 6. That the other defendants in said suit have entered appear- ances in said suit ; and the said suit is now pending and undetermined in this Court as to all of the defendants thereto . . . 7. That the matter in dispute herein, to wit, the right of your orator to maintain its suit aforesaid without hindrance from or interference by any other court, exceeds, exclusive of interest and costs, the sum of two thousand dollars ($2,000). And your orator alleges that all of the said acts, doings, and claims of the said defendant herein are contrary to equity and good conscience, and tend to the manifest wrong, injury, and oppression of your orator in the premises. In consideration whereof, and forasmuch as your orator is remediless in the premises, at and by the strict rules of the common law, and can have relief only in a court of equity, where matters of this kind are properly cognizable and relievable, to the end therefore that your orator may have that relief which it can attain only in a court of equity, and that the said defendant may answer the premises, but not upon oath or affirmation, the benefit whereof is expressly waived by your orator, and that the said defendant, its agents, servants, and attorneys, and all persons acting in aid of them or either of them, be enjoined and restrained from further prosecuting, as against your orator, either of the said actions so brought by it in the said Superior Court of the County of Mono, State of California, and from taking any further step whatsoever in either of said actions as against your orator, and that your orator may have such further or other relief as the nature of the case may require, and to your Honors may seem meet, 132 Legal Forms May it please your Honors to grant unto your orator a writ of subpoena, to be directed to said defendant, the Rickey Land and Cattle Company, a corporation, commanding it, at a certain time and under a certain penalty therein to be limited, personally to appear before this Honorable Court, and then and there full, true, direct and perfect answer make to all and singular the premises, and further, to stand to, perform, and abide such further order, direction and decree therein as to this Honorable Court shall seem meet. And may it further please your Honors, during the pendency of this suit, to issue your writ of injunction enjoining and res- training the said defendant, its agents, servants and attorneys, and all persons acting in aid of them or either of them, during the pendency of this suit, and until the further order of the Court, from further prosecuting, as against your orator, either of the said actions so brought by it in the said Superior Court of the County of Mono, State of California, and from taking any further step whatsoever in either of said actions as against your orator. And may it further please your Honors to make and issue an order requiring the said defendant, the Rickey Land and Cattle Company, to show cause before this Honorable Court, at a time and place therein fixed, why such writ of injunction, pendente lite, as above prayed for, should not be issued, and, at the same time, and as a part of such order, to issue your temporary restrain- ing order enjoining and restraining the said defendant, its agents, servants and attorneys, and all persons, acting in aid of them or either of them, until the hearing of such order to show cause, and until the further order of this Court, from doing all and any of the acts aforesaid. MILLER & LUX, Complainant. ByJ. LEROY* NICKEL, Vice- President DAVID BROWN, Secretary. W. C. VAN FLEET W. B. TREADWELL Solicitors for Complainant. ISAAC FROHMAN, Of Counsel for Complainant. Legal Forms 133 STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO. r ss * J. Leroy Nickel, being duly sworn, upon his oath deposes and says : That he is the Vice-President of Miller & Lux, a corpora- tion, the complainant above named ; that he has read the foregoing bill of complaint and knows the contents thereof ; that the same is true of his own knowledge, except as to the matters therein stated on information and belief ; and that as to those matters he believes the same to be true. J. LEROY NICKEL. Subscribed and sworn to before me, ) this 3rd day of January, 1909. (NOTARIAL SEAL) GEO. T. KNOX, Notary Public, in and for the City and County of San Francisco, State of California. (Endorsed) : No. 791. In Equity. In the Circuit Court of the United States for the District of Nevada. Miller & Lux, Complainants, vs. Rickey Land & Cattle Company, Defendant. Bill of Complaint. Filed January 4th, 1909. T. J. Edwards, Clerk. W. C. Van Fleet and W. B. Treadwell, Mills Building, San Francisco, Cal., Solicitors for Complainant. 134 Legal Forms 77 IN THE UNITED sf ATES CIRCUIT COURT OF APPEALS, Ninth Circuit MILLER & Lux (a Corporation), Complainant, vs. THE RICKEY LAND AND CATTLE COMPANY (a Corporation), Defendant. ORDER EXTENDING TIME TO DOCKET CAUSE Good cause therefor appearing, it is hereby ordered that the time wherein defendant and appellant in the above entitled action may file the record thereof and docket the case with the clerk of this Court at San Francisco, California, may be enlarged and extended, so as to extend to and include the 23rd day of September, 1909, and it is so ordered. Dated this 22nd day of August, 1909. (Signed) WM. W. MORROW, Circuit Judge. (Endorsed) : No. 1366. In the United States Circuit Court of Appeals, Ninth Circuit, District of California. Miller & Lux, a corporation, Complainant, vs. Rickey Land and Cattle Com- pany, a corporation, Defendant. Order extending time. Filed Aug. 24, 1908. F. D. Moncton, Clerk. Refiled Aug. 29, 1908. F. D. Moncton, Clerk. Legal Forms 135 78 IN THE CIRCUIT COURT OF THE UNITED STATES, For the District of Nevada No. 791 MILLER & Lux (a Corporation), Complainant, vs. THE RICKEY LAND AND CATTLE COMPANY (a Corporation), Defendant. ORDER TO SHOW CAUSE WHY INJUNCTION PENDENTE LITE SHOULD NOT ISSUE Good cause appearing therefor, by the verified bill of complaint of Miller & Lux, a corporation, complainant, on file herein, it is ordered that the said defendant, the Rickey Land and Cattle Company, a corporation, show cause before this Court, on the 13th day of March, 1910, at the hour of ten o'clock A.M., at the courtroom of this Court at Carson City, Nevada, why an injunc- tion should not issue pending this suit, according to the prayer of said bill. And it further appearing to the Court that there is danger of irreparable injury from delay, it is therefore further ordered that, until the hearing and determination of said motion for injunction, and until the further order of this Court, the said defendant, the Rickey Land and Cattle Company, a corporation, its agents, servants and attorneys, and all persons acting in aid of them or either of them, be and they are hereby enjoined and restrained from further prosecuting; as against said complainant, either of the two certain actions brought on the 15th day of October, 1909, by the said Rickey Land and Cattle Company, as plaintiff, against the said Miller & Lux, a corporation, and others, as defendants, in the Superior Court of the County of Mono, State of California, and respectively numbered on the register of said Superior Court 1055 and 1056. And it is further ordered that, before said restraining order takes effect, the said complainant file in this Court a bond, approved by a judge of this Court, in the sum of ten thousand dollars ($10,000), conditioned according to law. 136 Legal Forms And it is further ordered that a copy of this order be served upon the said corporation defendant, and on one of its attorneys (namely, on either Mr. James F. Peck, or Mr. Charles C. Boynton, or Mr. William O. Parker), on or before the 30th day of January, 1910. THOMAS P. HAWLEY, Judge. (Endorsed) : No. 791 CIRCUIT COURT of the UNITED STATES for the DISTRICT OF NEVADA. MILLER & Lux, Complainant, vs. RICKEY LAND & CATTLE COMPANY, Defendant. ORDER TO SHOW CAUSE Why Injunction Pendente Lite should not Issue. Filed January 4th, 1910. T. J. EDWARDS, Clerk. Legal Forms 137 (ACTION ON NOTE. MISSOURI) ISSOUR JASPER COUNTY. STATE OF MISSOURI, ) r. ) ' IN THE CIRCUIT COURT OF JASPER COUNTY, MISSOURI, NOVEMBER TERM, 1909 CHARLES T. WILEY, Plaintiff, vs. DRURY WEIMAN, Defendant. ACTION ON NOTE Plaintiff for his cause of action says that defendant, on the eighteenth day of July, 1909, by his promissory note of that date, by him duly executed, promised, for value received, to pay to plaintiff in one year after the date thereof, THREE HUNDRED DOLLARS, with interest from date of note at the rate of seven per cent, per annum ; said note being filed herewith and marked exhibit " A " ; that defendant has failed and refused to pay any part of said note and interest, all of which remains due and unpaid. WHEREFORE, plaintiff prays judgment for the sum of THREE HUNDRED DOLLARS, together with interest thereon at seven per cent, per annum, from the date of said note. ARTHUR C. CUNEO, Attorney for Plaintiff. 138 Legal Forms 80 (MISSOURI MOTION FOR COSTS) IN THE CIRCUIT COURT OF LAWRENCE COUNTY, MISSOURI, APRIL TERM, 1909 TEMPLE SUGAR REFINING COMPANY, Plaintiff, , MOTION FOR vs ' COSTS CITIZENS SAVINGS BANK, Defendant. NOW comes the defendant and moves the Court to require plaintiff to give security for costs in this action, for the reason that said plaintiff is an insolvent corporation, that there are large claims against it, and an unsatisfied judgment in this court for the sum of Forty-one thousand Dollars ($41,000.), and that said plaintiff has no property out of which the costs can be collected. WHEREFORE, defendant states that it ought not to be compelled to defend this suit until a good and sufficient cost bond is filed. HENRY H. CONSTANT, Attorney for Defendant. STATE OF MISSOURI, \ COUNTY OF LAWRENCE.} Henry H. Constant, being duly sworn upon his oath, says, that the facts stated in the above motion for costs are true, as he verily believes. STANFORD SWEETSER, Clerk of Court. Subscribed and sworn to before me, this first day of August, 1909. My term as a Notary Public expires the 14th day of December, 1910. WILLIAM R. FEINGOLD, Notary Public. Legal Forms 139 81 SUBPCENA AD RESPONDENDUM, NEVADA DISTRICT OF NEVADA, ss. : The President of the United States of America, to The Rickey Land and Cattle Company, a Corporation, Greeting : You are hereby commanded that you personally appear before the Judges of the Circuit Court of the United States for the District of Nevada, in the Ninth Judicial Circuit, on the 6th day of February, 1910, to answer unto a bill of complaint exhibited against you in said court by Miller & Lux, a corporation ; and to do further and receive whatever said court shall have con- sidered in that behalf ; and this you are not to omit under the penalty of two hundred and fifty dollars. Witness the Honorable MELVILLE W. FULLER, Chief Justice of the United States, and the seal of said Circuit Court hereunto affixed, at Carson City, Nevada, on this 4th day of January, 1910, and of the year of the Independence of the United States the 129th. Attest: T. J. EDWARDS, Clerk. W. C. VAN FLEET, W. B. TREADWELL, Solicitors for Complainant. ISAAC FROHMAN, Of Counsel for Complainant. Memorandum : The defendant is to enter its appearance in the above-mentioned suit, in the clerk's office at Carson City, Nevada (Federal Building), on or before the day at which the above subpoena is returnable, otherwise the bill may be taken pro confesso. T. J. EDWARDS, Clerk. 140 Legal Forms 82 (MOTION FOR NEW TRIAL. MISSOURI) IN THE CIRCUIT COURT OF JASPER COUNTY, MISSOURI, SEPTEMBER TERM, 1909 OLIVER CORNWALL, Plaintiff, MOTION FOR A vs - NEW TRIAL JOHN R, WHITTEMORE, Defendant. Now, at this day, comes the above-named defendant and moves the Court to set aside the verdict of the jury in this case, and judgment rendered herein, and grant the defendant a new trial for the following reasons, to wit : I Because the Court erred in admitting irrelevant, incompetent and immaterial evidence offered by the plaintiff. II Because the Court refused to admit competent and material evidence offered by the defendant. Ill Because the Court erred in refusing to give proper instructions offered by the defendant. IV Because the Court erred in giving improper instructions in behalf of the plaintiff over the objections of the defendant. V Because the verdict of the jury is against the evidence, and the law and the evidence. VI Because there is no evidence to support the verdict in the case, and the Court erred in submitting the case to the jury at all. Defendant's Attorney. Legal Forms 14 J DEPARTMENT OF THE INTERIOR, UNITED STATES LAND OFFICE VISALIA, CALIF., MARCH 29, 1909. A sufficient contest affidavit having been filed in this office by E. BRIDGMAN, contestant, against homestead entry No. 9270, made May 7th, 1895, for N. E. 1/4 Section 34, Township 25 S. Range 30 E. M. D. M. by OTTINE FRIEDRICKSEN, contestee, in which it is alleged that : said Ottine Friedricksen has been absent from said land for more than three years with intent to abandon same, and without any permit from the proper authorities of the United States, and said Ottine Friedricksen has not made the improvements required by the laws of the United States to be made on lands in order to acquire same under the laws of the United States providing for the securing of homesteads, and that said alleged absence from said land was not due to his employment in the Army, Navy or Marine corps of the United States in time of war, Said parties are hereby notified to appear, respond and offer evidence touching said allegation at 10 o'clock A.M. on May 15th, 1909, before the Register and Receiver at the United States Land Office in Visalia, Calif. The said contestant having, in a proper affidavit, filed Oct. llth, 1901, and Sept. 7th, 1901, set forth facts which show that after due diligence, personal service of this notice cannot be made, it is hereby ordered and directed that such notice be given by due and proper publication. GEO. W. STEWART, Register. A, H. SWAIN, Receiver. 142 Legal Forms 84 (ASSIGNMENT OF CLAIM TEXAS) THIS ASSIGNMENT made the day of June, 1909, by JOHN L. SMITH, of the City of Beaumont, State of Texas, to M. N. CAMPBELL, wife of J. A. Campbell, of the City of Bakersfield, County of Kern, State of California, WITNESSETH : That for and in consideration of the sum of one dollar, gold coin of the United States of America, to me in hand paid by said M. N. Campbell, the receipt whereof is hereby acknowledged, I, John L. Smith, do hereby sell, assign and transfer, and forever set over to said M. N. Campbell, her heirs and assigns, all my right, title and interest, claim, demand or equity against A. E. Martin, of the County of Santa Barbara, State of California, or against Burr Smith, of the same County, or both of them jointly or severally, for money due me, to wit : the sum of Two hundred and fifty Dollars, gold coin, for services rendered in and about one Standard Oil Drilling rig, and as commission or compensation due me for effecting the sale thereof on or about the 1st day of April, A.D. 1909, to C. C. Murdock, which said sale was made for the sum of Fourteen hundred and fifty Dollars, and of which all money or value over and above Twelve hundred Dollars is due me. And I likewise assign and set over to said M. N. Campbell all my claim against said E. A. Martin and Burr Smith, or either of them, by reason of money had and received by them or either of them on my account. WITNESS my signature the day and year first herein written. Legal Forms 143 85 (ILLINOIS DEED) THIS INDENTURE, made this 10th day of October, 1909, by and between HENRY F. CURTIS, of the City of Chicago, County of Cook, and State of Illinois, of the first part, and THOMAS MAHAFFY, of the same place, of the second part. WITNESSETH : That for and in consideration of the sum of Nine hundred ($900.) Dollars, in hand paid by the party of the second part to the party of the first part, at or before the ensealing and delivery of these presents, the receipt of which is hereby acknowledged, the said party of the first part has bargained and sold, and by these presents does grant, bargain, sell, remise, release and convey unto the said party of the second part, his heirs and assigns forever, all that certain plot, piece, or parcel of land situated, lying and being in the City of Evanston, County of Cook, and State of Illinois, bounded as follows : Commencing at the south-west corner of lot sixty-three (63), in Tolland and Harris's addition to Evanston ; thence in a north- erly direction to a point in the North line of Section four (4), Township seven (7), Range sixteen (16), intersected by a con- tinuation of the northerly line of lot twenty-five (25) in said addition, thence southerly to the northerly corner of said lot sixty-three (63), thence along the eastern line of said lot sixty- three (63), and twenty-five (25) feet to the beginning, excepting a strip of land eight (8) rods wide, adjoining the easterly end of said lot, for a street, and being part of what is known as " Johnson Street," together with all the tenancies, appurtenances, heredita- ments thereto belonging, or in anywise pertaining, to convey and to hold the same to the said party of the second part, his heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered) In the Presence of ' (SEAL) 144 Legal Forms 86 (CALIFORNIA POWER OF ATTORNEY) KNOW ALL MEN BY THESE PRESENTS : That I, E. BRADY, of Kern County, California, do hereby appoint JOHN KELLY my true and lawful attorney, for me and in my name, place and stead to sell or otherwise dispose of for value, all of my capital stock in the Randsburg Exploration Co., a corporation formed and doing business under and by virtue of the laws of the State of California, and being two thousand (2,000) shares. And I hereby authorize my said attorney to do all acts and things necessary to be done hi connection with the disposal of said capital stock as fully as I might or could do if personally present, with full power of substitution and revocation ; and I hereby ratify and confirm all that my said attorney, or his substitute or substitutes, shall lawfully do, or cause to be done, by virtue of these presents. IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of April, A.D., one thousand nine hundred and nine. (SEAL) STATE OF CALIFORNIA, } COUNTY OF KERN. J ' ' On April 24, 1909, before me personally appeared E. Brady, to me known to be the same person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal. Notary Public, County of Kern, State of California. Legal Forms 145 87 (REVOCATION OF POWER OF ATTORNEY) KNOW ALL MEN BY THESE PRESENTS, That whereas I, EDWARD BRADY, in and by my letter of attorney bearing date of August 24, 1909, did make, constitute and appoint JOHN KELLY my attorney, as by my said letter of attorney will more fully and at large appear, NOW KNOW YE, That I, the said Edward Brady, have revoked, countermanded, and made void, and by these presents do revoke, countermand, and make void the said letter of attorney above mentioned, and all power and authority thereby given or to be given to the said John Kelly. IN WITNESS WHEREOF, I have hereunto set my hand and seal this third day of December, 1909. IN THE PRESENCE OF (SEAL) STATE OF CALIFORNIA,) COUNTY OF KERN. I ' On December 3, 1909, before me personally appeared Edward Brady, to me known to be the same person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal. Notary Public, County of Kern, State of California. xo (403) 146 Legal Forms 88 (CALIFORNIA PROXY) KNOW ALL MEN BY THESE PRESENTS, That I, HIRAM S. COLE, of San Francisco, do hereby appoint George W. Woodworth, of Chicago, my attorney for me in my stead, to vote as my proxy, at a certain election of directors of the Standard Iron Works, to be held on the 31st day of March, 1910, crediting him with the number of votes that I should be entitled to cast if personally present. Witness my hand and seal this Fourth day of March, 1910. (SEAL) Legal Forms 147 89 (CALIFORNIA QUIT-CLAIM DEED) THIS DEED made on January 25, 1910, by EDWARD C. SMITH, of Oakland, California, as Grantor, and MARTIN V. HINTON, of Fruitvale, California, as Grantee. WITNESSETH, that said Grantor, in consideration of One Hundred (100) Dollars, to him in hand paid by said Grantee, the receipt of which is hereby acknowledged, does, by these presents, remise, release, sell, convey and quit claim unto said Grantee, his heirs and assigns forever, all the right, title, interest, claim and demand, which he has in and to the real estate, situated in the City of Oakland, State of California, described as follows : Lot No. one (1) of City Block Number one hundred and forty-nine (149) of said City. TO HAVE AND TO HOLD said real estate, together with the improvements thereon, and all and singular the appurtenances and privileges thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of said Grantor, either in law or equity to the only proper use, benefit and behoof of said Grantee, his heirs and assigns forever. IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day and date first above written. (SEAL) STATE OF CALIFORNIA, ) COUNTY OF ALAMEDA. / ' On January 27, 1910, before me personally appeared Edward C. Smith, to me known to be the same person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal. Notary Public, County of Alameda, State of California. 148 Legal Forms 90 (CALIFORNIA BILL OF SALE) KNOW ALL MEN BY THESE PRESENTS, That I, OLLIN F. ROGERS, of Ventura, in the County of Ventura, and State of California, for and in consideration of the sum of Four Hundred and Twenty- Five ($425.00) Dollars, good and lawful money of the United States, to me in hand paid, the receipt of which is hereby acknowledged, do hereby sell, assign, transfer, and set over to CHARLES T. CONGER, of the same place, all those certain articles and personal property hereinafter mentioned to-wit, located at Monterey, in the County of Monterey, and State of California : One horse and surrey, one Turkish rug, five oil paintings, one easy chair. TO HAVE AND TO HOLD the same unto the said Charles T. Conger, his executors, administrators, and assigns forever. IN WITNESS WHEREOF, I have hereunto set my hand and seal this llth day of October, in the year 1909. (SEAL) IN THE PRESENCE OF Legal Forms 149 91 (QUIT-CLAIM DEED FOR INDIANA) THIS INDENTURE WITNESSETH, That ADELBERT WEABER, a single man, of the City of Elkhart, of Elkhart County, in the State of Indiana, does hereby CONVEY AND QUIT CLAIM to VERNA McCOLLUM, of La Grange County, in the State of Indiana, for the sum of Six Hundred and Twenty-five Dollars, the receipt whereof is hereby acknowledged, the following Real Estate in Elkhart County, in the State of Indiana, to-wit : The North-east quarter of the North-east quarter of Section Six (6), Town Thirty-seven (37) North, Range Five east, containing Forty (40) Acres of land, be the same more or less. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal this 18th day of January, 1910. . (SEAL) STATE OF INDIANA, ELKHART COUNTY, ss. : Before the undersigned, a Notary Public in and for the said County, personally came Adelbert Weaber, and acknowledged the execution of the annexed Deed. Witness my hand and Notarial Seal, this 18th day of January, 1910. Notary Public. My commission expires September 20, 1910. 150 Legal Forms 92 (ILLINOIS FORM OF WILL) I, John Smith, of the city of Chicago, county of Cork, State of Illinois, being in good health of body and of sound and dis- posing mind and memory, and being desirous of settling my worldly affairs while I have strength and capacity to do so, do make, publish and declare this my last will and testament, that is to say : FIRST : I give and bequeath to my beloved wife, Verna Smith, the sum of $5,000.00 ; also all the household furniture in my dwelling house, and also the said dwelling house for and during her natural life. SECOND : To my eldest son, Hannon Smith, I give and devise said dwelling house, after the decease of my said wife, to him and his heirs forever. THIRD : To my second son, Lonnie, I give and devise the sum of five thousand dollars ; also my gold watch and chain. FOURTH : To my youngest son, Glenn, I give and devise my three lots in Jacksonville, Illinois, to have and to hold to him and his heirs and assigns forever. AND LASTLY, all the rest, residue and remainder of my personal estate I give and bequeath to my brother, Loyal Smith, his heirs and assigns forever. I hereby appoint Franklin W. Adams the sole executor of this my last will and testament. I hereby revoke all former wills by me made. IN WITNESS WHEREOF, I hereunto set my hand and seal at Chicago aforesaid this 12th day of December, Nineteen Hundred and Nine. Signed and sealed by said John Smith, who at the same time published and declared the same, as and for his last will and testament, in the presence of us, who in his presence, and in the presence of each other, and at his request, have hereto subscribed our names as witnesses. Legal Forms 151 (LETTERS RELATING TO LAW WORK) Mr. John Henry Bell, 121 West 79th Street, City. My dear young Friend : Your pleasant letter of the 19th inst. was received and read by me with much interest. I did not know that you were studying shorthand, or were interested in law work in connection therewith, but am glad to learn that you find it fascinating. You will certainly find it very useful as well. I note what you say in regard to some of the expressions contained in the legal documents you have been writing, and it will give me pleasure to answer your inquiries as to their meaning. The term costs, which is so often used in Court Documents, does not include counsel fees, the pay of the jurors, or the stenographic record of the case. Each party pays his own lawyer for conduct- ing his case, and they divide the cost of the stenographic record, while the County pays the jurors. Therefore, the costs which go with the judgment against the unsuccessful party include only what are known as " docket fees " (i.e., the cost of filing the various papers with the Court), the pay of witnesses, and the expenses incidental to the taking of depositions. In New York, witnesses receive $1.25 a day, and where they are summoned from outside the District, their transportation here and back and their hotel expenses, while here, are paid. This is all I have time for in this letter, but I will write you again soon. Affectionately yours, 152 Legal Forms Mr. John Henry Bell, 121 West 79th Street, City. My dear John : When last I wrote I promised that I would, ere long, write you again on the subject of my former letter. You do not, I notice, seem to be able to get quite clearly in your mind the distinction between Executor and Executrix, and Administrator and Administratrix. The former term is used to designate a person named by the Will of another to execute, or carry out, the provisions of that will, the endings of the words denoting merely the gender. An administrator, on the other hand, is one appointed by the court to settle the estate of a person dying intestate, i.e., without having made a will. In such cases, either of the following persons may be appointed the administrator, in the order named : 1st, the decedent's widow ; 2nd, his sons ; 3rd, his father ; 4th, his brothers ; 5th, his sisters ; 6th, his grandchildren ; 7th, any other next of kin ; 8th, the creditors of thedeceased, the creditor first applying, if otherwise competent, being given the preference. In case a married woman dies intestate, her husband is entitled to be appointed as administrator. He is liable for her debts only to the extent of the assets received by him. The matter of dower seems to be troubling you somewhat. Perhaps a brief explanation of the meaning of this word, and its use in law work, will help you. The word itself means a widow's life portion of the income from all lands and real property held by her husband during the period of her marriage to him. You should be careful not to confound this word with dowry, for which it is sometimes erroneously used, for a dowry, you know, is the money, goods, or estate which a woman brings to her husband in marriage. The right of dower is recognized in all the States of the Union excepting Indiana and California, where there is what is known as " community property," or " community interest," i.e., the right Legal Forms 153 of a wife or widow to share equally in property acquired by the husband or wife after marriage through earnings or investment, but not by gift, bequest, devise, or descent, such property being considered the separate property of the husband or wife, respect- ively. The husband has the management and control of the community property, with the absolute power of disposition, other than testamentary, provided, however, that he cannot make a gift of such community property, or convey the same without a valuable consideration, unless the wife, in writing, consent thereto, and provided also that no sale, conveyance, or incumbrance of the furniture, furnishings, and fittings of the home, or of the clothing and wearing apparel of the wife, or minor children, which is considered community property, shall be made without the written consent of the wife. At the widow's decease, her one-third interest, which is generally conceded to be the proportion, except in the States mentioned, to which she is entitled, descends to the heirs of her husband. Hoping this will make the matter clear to you, I am, with regard, Yours very truly, 154 Legal Forms My dear friend, John : Once more I take pleasure in writing you in answer to your last letter, and in giving you a few words of advice before you enter upon the position which I am so glad to learn you have succeeded in obtaining. In the first place, let me say that those Latin phrases which you have encountered in some of your legal work are not so difficult as they may appear. Besides those you mentioned, I might name here a few of the more common ones, and give their definitions : Ad litem, to (or in) the suit. A fortiori, from stronger reasoning. Alibi, in another place. A priori, from the former. Bona fide, in good faith. Capias, a writ for the arrest of the defendant. Caveat, that he beware ; a warning. Certiorari, a writ to call up the records of an inferior court, or to remove a cause there depending, in order that the party may have more sure and speedy justice. Cestuique trust, persons for whose use another has title to lands, etc. De bene esse, as being well done for the present ; conditional. De facto, in fact. De 'jure, in law. Et alium, and another. Et alias (et als.), and others. Ex parte, without opposition. Ex post facto, by a subsequent act. Ex relatione (Ex rel.), " at the relation " of. Fieri facias, cause it to be done. Habeas corpus, " That you have the body " ; a writ by which the legality of an imprisonment is investigated. In esse, in existence. In re, in the matter of. In statu quo, as it was. Laches, neglect. Mens sana in cor pore sano, a sound mind in a sound body. Nolle prosequi, to be unwilling to proceed. Nolens volens, willing or unwilling. Non compos mentis, insane, or of unsound mind. Non constat, it does not appear. Non est, not to be found. Nulla bona, no goods. Nunc pro tune, now for then. Parol, verbal. Pendente lite, during the action. Per capita, by the head ; share and share alike. Per stirpes, by the stock ; a division according to age. Prima facie, at first view. Pro rata, at the rate. Quantum meruit, as much as he deserved. Quid pro quo, a mutual consideration. Legal Forms 155 Res adjudicata, matters adjusted. Res gestae, subject matter. Sine die, without day. Sine qua non, an indispensable condition. Venue, place of trial. While the foregoing are but a few of the many expressions which you will come across, they are among the most common, and you would be perfectly justified in asking your employer to repeat any phrase not included among the foregoing the first time you heard it, if you did not understand it ; but this list you should memorize. Whatever you do, try and remember that the main object, in writing shorthand, is to be able to get down quickly what a speaker says, and afterward to render it into correct longhand. With this object in view, you should regard every Exercise which is dictated to you for practise as though it were a most important business letter or legal document, and as though the weightiest results hung upon your accurate transcription of your notes. I read the other day of a stenographer to whom an affidavit had been dictated, and in which the following sentence occurred : " And the deponent aforesaid has paid to the Receiver for the benefit of the creditors $70,000." The Receiver in the case denied the statement, and had the lawyer who dictated it, and who was the deponent in the affidavit, indicted. An investigation showed that the stenographer had made a mistake in transcribing his notes, by omitting the word " and " in the statement, which should have read, " And the deponent aforesaid has paid to the Receiver, and for the benefit of creditors, $70,000." It turned out that the lawyer had actually paid the Receiver in question $7,000, and the remaining $63,000 to the creditors, the parties to whom it belonged. The lawyer then wrote a letter to the District Attorney explaining the mistake, and the indictment was at once dismissed. You can readily imagine how long that careless stenographer held his position after his mistake was discovered. The moral of this is obvious. Profit by it. Your true friend, 156 Legal Forms Friend John : Your interesting letter of recent date, telling me how well you are doing in your new position, and that you are trying to profit by the suggestions I have been giving you in our correspond- ence, was very welcome. I am glad you are trying to be more accurate. You will find that it will pay, not only in shorthand and typewriting but in everything you do. Since writing you last I heard of another instance where the omission of a single word cost the Western Union Telegraph Company $120.10. A certain party sent a dispatch directing a broker to sell a Michigan lot, but explained that " no commission would be paid." In trans- mitting the dispatch the word " no " was dropped. The agent sold the lot, sued for and obtained his commission from the principal. The latter therefore came back on the Telegraph Company, and recovered a judgment for $120.10, the Supreme Court holding that the company's agents were negligent, as they should have discovered that the number of words contained in the dispatch as received did not correspond with the " check " number. I would also advise you to read as much shorthand as possible, for this will enlarge your vocabulary, and familiarize you with the appearance of the outlines. You should read intelligently, endeavoring to impress each new outline on your mind, so that it can be readily recalled. Indeed, as has been well said, you should " think " shorthand, that is, you should constantly associate the outlines for the words which you hear with the words themselves, and that not in an arbitrary way, but by building up the word syllable by syllable, or stroke by stroke, until the completed form stands before you. Now, I fear you will think this an extremely long letter, but the opportunity to help you was such a good one, I could not afford to let it go by. Especially keep up your practise, even after you are in a position, and, when taking dictation, if your employer goes too rapidly for you, stop him by calling out the last consecutive word you have been able to write ; but don't say " What did you say ?" Legal Forms 157 or " Please repeat " ; and don't take down a mere jargon of words which you do not understand. Follow the sense of the dictation, and see that your transcript makes sense before it is handed in. Do not write " We send you the set of truths," when your employer dictated "proofs," and do not transcribe "prodi- gies of valor " as pedigrees of valor. Above all, do not omit a word, either in the dictation or in the transcript. This is the unpardonable crime in the eyes of a business man, and has cost many a novice his job. Another word of caution : Don't waste any time, if you make a mistake, in trying to convince your employer that you are right and he is wrong. The chances are he isn't ; and if he is, he won't want you to tell him so. You can't prove it to him from your notes, for he won't understand shorthand, and so you gain nothing, and may lose a good deal by arguing the matter. If he should happen to make a grammatical slip occasionally, quietly correct it in your transcript, and say nothing. And this is my last word to you : Be patient, be alert, be intelligent, be accurate, and you will soon be found by your employer to be invaluable. Yours, with best wishes, 158 Legal Forms Mr. Gordon Hay, San Francisco, Calif. Dear Sir : I have been thinking over our conversation at the close of to-day's session, and I write to say that I realize very clearly the difficulty under which you labored when giving your testi- mony. It was a great strain upon you to submit to the very sharp cross-examination to which you were subjected, and yet I cannot see that our opponents succeeded in weakening our case in the least. I desire, however, to call your attention to one or two points which may prove of value on the next hearing. When you said that you were not quite sure whether Walton was present or not at the signing of the mortgage on that property in 155th Street, you were treading on dangerous ground. I shall, however, in the redirect, endeavor to make that point very clear, for a little reflection on your part will enable you to recall his presence there with perfect clearness. There was another little matter to which I wished to call your attention, but I think that it will be better for me to see you personally about it, and to that end, I will ask you to call at my office to-morrow afternoon, between three and five o'clock, in order that we may have an opportunity of talking this thing over. Yours very truly, Legal Forms 159 To the President of the Third National Bank, Big Rapids, Mich. Dear Sir : When I carried our case to the Court of Appeals, I am bound to admit that I was not very sanguine of a favorable issue, since the lower Court was so very strong in its rulings on the evidence relating to those stolen bonds. I have just been informed, however, that we have won, on the ground that the Bank was an innocent holder and must be protected to the extent of its property interest in the bonds. It stands to reason that, the bonds being held as collateral for the amount loaned to Van Anberg, your Bank must be preserved harmless from loss by reason of any claim of theft made by the People's Savings Bank, or any other institution. You, of course, had no means of knowing that those bonds had been stolen from the People's Savings Bank, and you accepted them in perfect good faith, and therefore the decision is an eminently just and righteous one. I congratulate you thereupon, and will write you again within a few days, and report what steps have been taken toward a settlement of the case. Very truly yours, Elijah T. Ferris, Esq. Providence, R.I. Dear Sir : Your report of the 19th inst. was duly received, for which thanks. We are advised by our clients to let the matter remain in statu quo until the senior partner can get an opportunity of calling upon you, which he expects to be able to do early next week. Please hold on to the mortgage until that time, and take no further steps in the meanwhile. I feel quite sure that there is some underhand work going on, but this will be revealed as soon as Mr. Robinson has examined the papers. Yours truly, 160 Legal Forms Mr. Ezra Foley, Hartford, Conn. Dear Sir : I have the honor to inform you that the Appellate Divison of the Supreme Court has just handed down a decision in the matter of your application for damages against the Fremont House. Your chief contention was, as I recall it, that the health of your family was placed in jeopardy by the breaking out of scarlet fever in the hotel, and that you were justified in vacating the apartments which you were occupying there under a one year's lease, and refusing to pay rent therefor while there was any possibility of contagion. The decision, I regret to say, is unfavorable to our view of the case, and judgment has been entered against you. I am very sorry for this, as I was sure we had a clear case. As a matter of fact, we did have, so far as the matter of damages was concerned, had you remained in the hotel and been injured thereby ; but the Court took the ground that the vacating of the premises was an act entirely of your own volition, and that you were bound to pay the rent therefor precisely as if the apartment had continued to be occupied by you. I shall be glad if you will call at my office at an early date, in order that we may arrange matters with the view to satisfying the judgment. Very respectfully yours, James C. Pain, Esq., 48 Nassau Street, City. My dear Mr. Pain : Your kind letter reached me during my absence in Albany. I shall be glad to avail myself of your courteous offer, provided the parties who at present hold the mortgage do not insist upon retaining it, in which case I should feel obliged to leave it with them, as they have been very courteous to me in all their dealings for many years. I have written to them on the subject, and shall expect to hear within a day or so, and will immediately advise you. Yours truly, Legal Forms 161 Miss Katie J. Skeese, 201 East 93rd Street, New York. Dear Madam : It gives me great pleasure to inform you that the Court has just rendered a decision in your favor, and awarded you damages to the amount of $2,500., with costs. This is a signal triumph, and will form a valuable precedent in similar cases of laches on the part of a landlord. The Court held that a landlord must keep his building lighted, and his carpets mended. I will at once consult with the defendant's counsel with the view to a speedy settlement of this case. Yours very truly, To the Los Angeles Gas & Electric Company, Los Angeles, Calif. Gentlemen : Notice is hereby given you that unless proper connections are made by your Company with my electric wires, in the building known as the Palace Lodging House, on Figueroa Street, in the City of Los Angeles, within twenty-four (24) hours after the service on you of this notice, that I will commence legal proceed- ings to recover damages that may be caused me, and will further commence proceedings to forfeit your franchise by reason of your failure to comply with the conditions under which said franchise was granted you. Notice is also given you that the property herein mentioned has been properly and securely wired, and is now ready for the connection herein demanded. Yours, etc., (403) 1 62 Legal Forms Messrs. Francis & Bruce, Baltimore, Md. Gentlemen : In reply to your favor received to-day, I enclose herewith the Bill of Particulars for which you ask, and beg to say that Mrs. Hall seems perfectly willing to sign a release, but claims that a sale of the property was made shortly after her mother's death without her consent, and that she received but SI 80. as her share of the proceeds. "All she wants is a just proportion of her interest in the estate, but she has not the funds wherewith to push the case. She has asked me if I would be willing to undertake the case on a contingent fee, and I now write to ask if you will kindly look into the matter, and report as to whether she has a good case or not, and if so, if you will be willing to do the same. I shall be glad to receive a letter from you on the subject, and will do nothing until I hear from you. Yours very truly, (Enclosure) INDEX ACKNOWLEDGMENT, 40, 63 Action on Note, 137 Ad litem, 154 Administrator, 152 Administratrix, 38, 152 Admission of Service, 10 Admissions, 16, 19 Affidavit, 20, 21, 92, 115 A fortiori, 154 Agreement, 77 of Creditors, 78 General, 77 Alibi, 154 Allegations, 13 Amended Complaint, 89, 123 Answer, 16, 93 Appearances, 43 A priori, 154 Assign, 75 Assignee, 75 Assignment, General, 75 of Claim, 76, 142 Attachment, 115 Affidavit for, 115 Attorney, Letter of, 79, 80 Power of, 79 Warrant of, 79 Authorities, 57, 96 BACKING Legal Documents, 14 Backs, How to Arrange and Endorse, 15 Bill of Complaint 130 Bequests, 60 BiU of Costs, 50, 104 Exceptions, 103 ., Sale, 148 Bona Fide, 154 Bond, 70, 71 Bottomry, 70 of Indemnity, 72 on Removal of Cause, 120 Bottomry Bond, 70 Box for Captions, 9 Boxing of Titles, 9 Brief, 53, 96 CALIFORNIA Legal Forms, 83 et seq. Capias, 154 Caption, 11, 83 Cause, Order to Show, 135 Caveat, 154 Certiorari, 154 Writ of, 111 Cestuique trust, 134 Citations, 54 Claim, Assignment of, 76 Commission to Examine Witness, 30 Community Property, 152 Complaint, 13 Amended, 89, 123 BiU of, 130 California, 83, 113 Condition, 70 Consent, 40 Consideration, 62 Contest Notice, 141 Conveyance by Deed, 62 ,, by Mortgage, 68 Cost Bill, 101 Costs, 151 BiU of, 50, 101 Counsel Fees, 151 Court Documents, 11 Fees, 151 Covenants, 63 Creditors, Agreement of, 78 Cross Examination, 49 ,, Interrogatories, 32 DE bene esse, 154 Deceased, 60 Decedent, 60 Declaration, 60 Decree, 108 Deed, lUinois, 143 New Form, 62 Old Form, 65 Quit Claim, 147 De facto, 154 De jure, 154 Demurrer, 87 Denials, 16 Deponent, 22 Deposition, 33 Description of Property, 62 Direct Examination, 43 Disbursements, 50 Dismissal, 100 Docket Fees, 151 Doe, John, 83 Dower, 70, 152 Dowry, 152 163 164 INDEX ENDORSEMENT of Legal Documents, 15, 52, 61, 133, 136 Et al., 24 Et alios, 154 Et als., 154 Et alium, 154 Evidence, 42 Examination, Cross, 47 Direct, 45 Executor, 152 Executor's Oath, 41 Executrix, 152 Exhibits, 24 Ex parte, 154 Ex post facto, 154 Ex relatione, 154 FEES, Docket, 151 Fieri facias, 154 Findings, 98 Folioing, 15, 83 GENERAL Agreement, 77 ,, Assignment, 75 Denial, 16 Release, 82 HABEAS corpus, 154 Hanging Indenture, 35 ILLINOIS Deed, 143 Will, 150 Indemnity, Bond of, 32 Indenture, 65 Indiana Quit Claim Deed, 149 In esse, 154 In re, 154 Interrogatories, 31 Cross, 32 Intestate, 152 In statu quo, 154 Introduction, 20 Invocation, 60 JOHN DOE, 83 Judgment, 58 on Report of Referee, 59 on Verdict, 128 Jurat, 13 Jurors, Pay of, 151 L.S., 30 Laches, 154 Law Work, Paging, 15 Lease, 73 Letter of Attorney, 79 Letters Relating to Law Work, 151 Lines, Numbering of, 83 Long Paper, 9 MENS sana in corpore sano, 154 Missouri Action on Note, 137 Motion for Costs, 138 New Trial, 146 Mortgage, 68 Mortgagor, 25 NEVADA Bill of Complaint, 130 ,, Order to Show Cause, 135 Subpoena ad Responden- dum, 139 Nolens volens, 154 Nolle prosequi, 154 Non compos mentis, 154 Non constat, 154 Non est, 154 Note, Action on, 137 Notice of Appeal, 107 of Motion, 125 of Trial, 36, 95 to Produce, 37 Nulla bona, 154 Numbering of lines, 83 Nunc pro tune, 154 OATH of Executor, 4 1 Objections, 104, 105 Opinion, 55 Order Extending Time to Docket Cause, 134 for a Commission, 29 of Foreclosure and Sale, 108 of Removal of Cause, 92 to Show Cause, 135 Special Term, 27 Stated Term, 35 PAGING Law Work, 15 Paper, Long, 9 ,, Square, 45 Parol, 154 Pendente lite, 154 Per capita, 154 Per stirpes, 154 Petition for Removal of Cause, 118 ,, Settlement of Estate,21 Points, 96 Power of Attorney, 79, 80, 144 Prayer, 13 Premises, 62 Presents, 75 Prima facie, 154 Probate, 40 Property, Community, 152 Description of, 62 INDEX 165 Property, Order for Sale of, 108 Proposed Amendments to Bill of Exceptions, 106 Pro rata, 154 Proxy, 146 QUANTUM meruit, 154 Question and Answer, 45 Quid pro quo, 154 Quit Claim Deed for California, 147 ,, ,, ,, Indiana, 149 RECORD, Stenographic, 42 Referee, 42 Reference, 42 Release from Copartnership Liability, 81 ' General, 82 Repetition of Question in Answer, How to indicate, 44 Res adjudicata, 155 Res gestae, 155 Revocation of Power of Attorney, 145 Richard Roe, 83 Roe, Richard, 83 Running Answers in, 45 out, 45 SALE, Bill of, 148 Schedule, 74 Scilicet, 13 Search, 64 Service, Admission of, 10 Sine die, 155 Sine qua non, 155 Special Term Order, 27, 35 Square Paper, 45 Stated Term, 35 Stenographic Record, 42 Students, Suggestions to, 9 Subprena and Respondendum, 139 Suggestions to Students, 9 Summons, 14 Surrogate, 22 Surrogate's Court, 22 TAKING Testimony, 44 Testament, 60 Testamentary Clause, 61 Testator, 60 Testimony, Arranging, 43 Texas Assignment of Claim, 142 Title of the Court, 83 Transcribing Testimony, 45 UNDERTAKING on Attachment, 116 VENUE, 13, 155 Verdict, 127 Verification, 13 WARRANT of Attorney, 79 Western Legal Forms, 83 Will, 60, 150 Witness Clause in Contracts, 77 Deeds, 63 ,, ,, ,, Mortgages, 69 Wills, 61 Witnesses, Pay of, 151 to Wills, 61 Writ of Certiorari, 1 1 1 Prat of Isaac Pitman & Sons, Bath, England. K (43) PHONOGRAPHIC WORKS. Course in Isaac Pitman Shorthand. Cloth, embossed in gold 240 pp., $1.50. A Course of Forty Lessons in the Isaac Pitman System of Shorthand, specially designed for the Shorthand Amanuensis and adapted for use in Business Colleges, Academies, and High Schools. This work is officially used in the High Schools of New York, Brooklyn, and other large cities. Also in the leading business schools. Special features of this work are : Position Writing from the Beginning. Words and Sentences introduced in the 1st Lesson.- Business Letters in the 9th and subsequent Letsons. Phraseography taught from the 5th Lesson. Reporting Style taught from the Beginning. " We are getting excellent results with Isaac Pitman's ' Short Course in Shorthand," and we expect to save almost a term by the use of it. All of our shorthand teachers praise it highly." Edwin A. Bolger, Teacher of Isaac Pitman's Shorthand, Com- mercial High School, Brooklyn, N. Y. ** A Special Edition of " Course " is published in Lesson Sheet Form for the use of teachers and schools who give instruction by mail. Each lesson is printed in a separate part and enclosed in a cardboard box. $1.50. Key to " Course." Cloth, gilt, 60c. Isaac Pitman's Shorthand Instructor. Cloth, embossed in gold, 270 pp., $1.50. Twentieth Century Edition. An Exposition of Isaac Pitman's System of Phonography. Containing instruction for both beginners and advanced students with copious lists of Phrases and Exercises, Business Letters, etc. The general plan of the " Instructor " makes it equally acceptable for self-tuition ind for class-use. *** The " Shorthand Instructor " is also published in two parts, as follows : Complete Amanuensis Coarse. (PART 1.) 144 pp., stiff boards and cloth back, 75c ; cloth gilt, $1.00. The New Phonographic Reporter. (PART 2.) 182 pp.. stiff boards and cloth back, 75c. ; cloth, gilt, $1.00. Key to " Shorthand Instructor." 50c. : cloth, 60c. Contains a Shorthand and Longhand Key to all the Exercises, and furnishes Answers to the Review Questions. Also forms a Key to " Com- plete Amanuensis Course," and to " The New Phonographic Reporter." Card Key to Exercises. 25c. In the Reporting Style. Being a Shorthand Key to all the Exercises in " The Instructor," from pages 132 to 238 inclusive. For the Use of Teachers in Shorthand Classes. On 27 separate cards. Pitman's Shorthand Writing Exercises and Examination Tests. Cloth gilt, 240 pp., 85c. This work contains exhaustive classified lists oi words illustrative of every rule in the system, and over one hundred graduated sentence exercises in ordinary print for writing or dictation practice. No word is introduced before the rule governing it has been mastered by the learner. Brief guidance is given at the head of sections, and there are exercises on upward and downward sh also special exercises on the Contractions. Key to " Shorthand Writing Exercises." In Engraved Shorthand . In preparation. ( Preliminary Instructions for the Study of Isaac Pitman's Short- hand by Correspondence. A simple and extended exposition of the Art as presented in " Course in Isaac Pitman Shorthand." 40c. The Phonographic Teacher. 48 pp., 26c. A Guide to a Practical Acquaintance with the Art of Phonography or Phonetic Shorthand, containing a Series of Progressive Lessons. Key to the " Teacher." 20c. Of great value to the Private Student. Pitman's Shorthand Class Book. Price 20c. With Exercises and Key for Use in Classes. This work is designed for school use in conjunction with one of the other text-books, and gives instruction in Phonography from the rudiments onward on a new plan. Simple explanations take the place of rules, and the bulk of the book consists of copious exercises in shorthand characters, with complete interlinear key in ordinary print. The Phonographic Exercise Book. lOc. Made of the best quality paper, in single or double lines. Graduated Tests in Isaac Pitman 's Shorthand. 80 pp. , 20c. A series of revisionary exercises, arranged on an entirely new plan, with the object of testing the student's knowledge of the system. The tests consist of a very carefully chosen list of 1,600 words in ordinary print, illustrating the whole of the rules, forming a valuable means of adding to the students' phonographic voca- bulary. There is a space for the learner's first outline ; a space for the teacher's correction, should such be required ; and spaces for the pupil to re-write the correct form. Pitman's Shorthand Reading Lessons, No. 1. 48 pp., 20c. For use with the " Teacher," " Manual," or " Instructor," and furnishing reading practice and word-building from the beginning. Key to Shorthand Reading Lessons, No. 1, in ordinary type. 6c. Pitman's Shorthand Reading Lessons, No. 2. 61 pp., 25c. Key to Shorthand Reading Lessons, No. 2, in ordinary type. 6c. Letter Dictation from the Beginning. 32 pp., 20c. A series ot practical business and general letters (in ordinary print) based on the principles of Isaac Pitman Shorthand. 2 Progressive Studies in Phonography. 40c. ; cloth, 50c. A simple and extended exposition of the Art of Phonetic Shorthand, as set forth in the " Teacher," the " Manual," and the " Reporter ; " intended as a supplementary book to these three. The " Fono " Headline Shorthand Copy Books. BOOKS A, B, AND C Each, 10c. Containing a series of beautifully engraved graduated copies to be written in Shorthand. Exercises in Phonography. 5c. A series of graduated sentence exercises. Pitman's Shorthand Gradus. 6c. A series of Writing Exercises for use with the " Instructor " or " Manual." Also contains a full list of Consonant Outlines, and exercises on same. 33sop's Fables. 20c. In the Learner's Style. A valuable reading book in words of one syllable. Easy Readings. 20c. In the Learner's Style of Shorthand, with Key. The Learner's Shorthand Reader. 20c. A Compend of Phonography. 5c. Containing the Alphabet, Grammalogues, and principal Rules for Writing. Pitman's Shorthand Manual. 114 pp., 50c. ; cloth, 60c. Being a condensed edition of Part I of the " Instructor," and containing an exposition of the system, with numerous engraved shorthand examples interspersed with the text. Review Questions, and Exercises in reading and writing. " Teacher " & " Manual." In one vol., roan, gilt, 90c Key to Exercises in " Manual." 20c. With Answers to the Review Questions. The Phonographic Reader. 20c. A course of Reading Exercises in Phonography, with Key. Pitman's Shorthand Reporter. 117 pp., 60c. ; cloth, 75c. Being a condensed edition of Part 2 of the " Instructor " and an adapta- tion of Phonography to Verbatim Reporting. Key to the " Reporter." 20c. Reporting Exercises. 20c. Intended as a Companion to the " Reporter " ; containing exercises on all the rules and contracted words in this book. Key to the " Reporting Exercises." 40c. : cloth, 50c. In which all the Exercises are presented in Shorthand. The Acquisition of Speed in Phonography. 16 pp., 10c. In ordinary type. Containing chapters on the following subjects : The System The Importance of Thoroughness and Method of Study Elementary Speed Practice Tests of Speed etc. The Grammalognes and Contractions of Pitman's " Reporter." 5c. The Phonographic Phrase Book. 88 pp., 40c. ; cloth, 50c Contain- ing above two thousand useful phrases in Phonography, with Key and an exercise occupying 43 pages, containing all the phrases 35 they occur in the book. buc Pitman's Shorthand Dictionary. 312 pp., cloth, $1.50. " Library Edition," roan, gilt, coloured edges, $1.75. Eighth Edition, Revised and enlarged, containing the Shorthand Report- ing Outlines, beautifully printed from engraved characters, of over 61,000 words and geographical names, with parallel Key in ordinary type. Also a complete list of Grammalogues and Contracted Words alphabetically arranged The most compre- hensive Shorthand Dictionary published. Specimen pages free " An exceedingly valuable work." N. Y Sun. " A practical and beautiful book." Western Penman^ Abridged Shorthand Dictionary. 224 pp., French morocco, gilt, size 3 x 4} in. $1.00. Contains over 22,000 words, with their shorthand characters, and a complete list of Grammalogues and Contractions. A small, handy work, thoroughly up-to-date, and beautifully engraved. Cumulative Speller and Shorthand Vocabulary. Cloth, gilt, 145 pp. 75c. For further particulars of this work see page n. The Reporter's Assistant. 132 pp., 50c. ; doth, 80c. A Key to the Reading of the Reporting Style of Phonography. All the words in the dictionary, not exceeding three consonants, were written in Shorthand, and, from this extensive list of outlines has been drawn all words that contain the same outline, and they have been classified according to their forms. Of great aid in reading one's notes. Technical Reporting. 60 pp., 50c. ; cloth, 60c. Comprising Phonographic Abbreviations for words and phrases commonly met with in Reporting Legal, Medical, Scientific, and other Technical Subjects, with type key. Practical Business Letters in Shorthand. 64 pp., 35c. A series of Business Letters, in engraved Isaac Pitman's shorthand, containing 78 letters on the following subjects : Railroad Correspondence- Life Insurance Banking Fruit and Produce Real Estate, etc. A letterpress Key is provided at the end of the book Business Correspondence in Shorthand, Nos. 1, 2, 3, 4, 5, G and 7. 40 pp. each. 25c. each. A series of valuable books containing actual correspondence in various branches of business. Each book is Keyed in ordinary type and the matter counted for speed practice in either shorthand or typewriting. Stenographers, after completing their studies, feel the need of some practical material to enable them to keep up their practice and at the same time increase their speed. Of all such matter, business letters are the most valuable, and the advantage, therefore, of having for immediate reference such a practical collection of letters will be at once recognized. LIST OF CONTENTS. BUSINESS CORRESPONDENCE IN SHORTHAND No. 1. Subjects treated : Railroad Correspondence Law (General) Law (Patents) Law (Pensions) Banking Stock Brokers' Hard- ware Lumber Boots and Shoes Miscellaneous Power of Attorney Form, etc. BUSINESS CORRESPONDENCE IN SHORTHAND No. 2- Subjects treated : Real Estate Correspondence Financial Legal and Law Hardware Dry Goods Insurance Electrical Boots and Shoes Lumber Publishing Miscellaneous, etc. BUSINESS CORRESPONDENCE IN SHORTHAND No. 3. Subject treated : Advertising Correspondence Agents Automobile Bicycle Boiler Appliance, etc. BUSINESS CORRESPONDENCE IN SHORTHAND No. 4. Subjects treated : Boiler Appliance Correspondence Bookbinding Builders' CollectionsCopying Office Cotton Desks Dry Goods Drugs, etc. BUSINESS CORRESPONDENCE IN SHORTHAND No. 5. Subjects treated : Dry Goods Correspondence Electrical Construction Express Financial Standing Fire Insurance Flour and Feed Furniture, etc. BUSINESS CORRESPONDENCE IN SHORTHAND No. 6- Subjects treated : Groceries Hardware Hotel Investment Legal Life Insurance, etc. BUSINESS/ "CORRESPONDENCE IN SHORTHAND, No. 7. Subjects treated :' Life Insurance Lumber Municipal Paper and Envelopes Patents and Trade Marks Patent Foods Pensions Pianos Pottery, etc. *** This work is also published in the following convenient forms in cloth binding. BUSINESS CORRESPONDENCE IN SHORTHAND, Nos. 1 and 2, in one volume. Cloth, gilt, 80 pp., 60c. BUSINESS CORRESPONDENCE IN SHORTHAND, Nos. 3 and 4, in one volume. Cloth, 80 pp., 60c. BUSINESS CORRESPONDENCE IN SHORTHAND, Nos. 5 and 6, in one volume. Cloth, 80 pp., 60c. BUSINESS CORRESPONDENCE IN SHORTHAND, Nos. 1, 2, 3 and 4. In one volume. Special Shorthand Edition without Type Key. Cloth, gilt, 88 pp., 75c. Shorthand in the Office. 130 pp., 40c. : cloth, 50c. Graduated Dictation Books. 47 pp., 10c. each. For acquiring Speed in Shorthand and Typewriting. Adapted to any system. The reading matter is divided on a new and improved plan. Divided for speeds of 60, 80, 100, and 160 words per minute. No. 1. Political Speeches. No 2. Sermons. No. 3. Commercial. Key, in Shorthand, to the Graduated Dictation Book. Nos. 1 and 2. 20c. each. Pitman 's Interlined Speed Practice Books, Nos. 1, 2 and 3. Each. 5c. Various mechanical expedients have been devised for affording pbonographers speed practice when it is not possible to obtain tne assistance of a reader. The present interlined speed practice books furnish, perhaps, the most useful and convenient aid yet devised. Key, in Shorthand to " Interlined " Nos. 1, 2 and 3. each 6c. An exact reproduction of the printed matter in the Reporting Style. Pitman's Commercial Correspondence in Shorthand. 224 pp., cloth. 85c. A series of model business letters in engraved Phonography, The letters are examples of the best business style of the present day, and in this respect possess important advantages over other publications of a similar character. Commercial Correspondence & Commercial English 272 pp, cloth 86c. A practical Manual of Commercial Correspondence, forming a key to " Commercial Correspondence in Shorthand." All the letters are counted for shorthand and typewriting speed practice, and editions are published in Spanish, French, and German, corresponding page for page. The Shorthand Commercial Letter Writer. 94 pp., 40c. ; cloth, 50c. A Guide to Commercial Correspondence in the Reporting Style of Phonography. Key to " Shorthand Commercial Letter Writer." In ordinary type. 20c. : cloth, 40c. The Shorthand Commercial Letter Writer and Key. In one volume- Cloth. 60c. Office Work in Shorthand. 96 pp., 40c. ; cloth, 60c. Specimens of Miscellaneous Work in Reporting Style. Key to " Office Work." In ordinary type. 20c. ; cloth, 40c. Office Work in Shorthand and Key. In one volume. Cloth, 60<\ Trade Correspondence in Shorthand. 96 pp. ; 40c. ; cloth, 50c. Key to " Trade Correspondence." 80c. ; cloth, 40c. Pitman's International Mercantile Letters. Cloth, 85c. The Phonographic Railway Phrase Book. 20c. An adaptation ut Phonography to the Requirements of English Railway Business and Correspondence. The Phonographic Legal Phrase Book. 20c. An adaptation of Phonography to the Requirements of English Legal Business and Correspondence. The Insurance Phrase Book. 20 pp., 20c. Instruction in Legal Work. 40 pp., 25c. In ordinary type. For Court Stenographers and Law Students. Reprinted from " Pitman's Twentieth Century Dictation and Legal Forms." Military Phrase Book. 40 pp., 40c. t Phonographic Medical Outlines. 75c. Being a list of outlines and contractions for about 3,000 medical terms. Third edition entirely revised. t Electrical Terms and Phrases. 50 pp., 50c. ADAPTATIONS OF ISAAC PITMAN'S PHONOGRAPHY TO FOREIGN LANGUAGES. t Taquigrafia Espanola de Isaac Pitman. 128 pp., cloth, gilt, S1.25. Adaptaci6n a la Lengua Epsanola del Sistema de Fonografia del Autor. Para uso de Escuelas de Comercio, Institutes y tambien para Estudio Personal. Being an Adaptation of Isaac Pitman's Shorthand to the Spanish Language. Designed for use in Business Colleges, High Schools, and for Self Instruction. " As the book is primarily designed for business shorthand writers, the exercises are replete with suggestions of the highest practical value to all note-takers in offices. The book is a little marvel ; it is scientific and ingenious to a degree, and no steno- grapher should be without it." Mexican Herald, Mexico. t Key to Taquigrafia Espanola. Cloth, gilt, $1.00. With additional Exercises. t French Phonography. 40c. ; cloth, 60c. Third edition. Revised and Enlarged. An adaptation of Phonography to the French language. By T. A. Reed. t German Phonography. Crown 8vo., 64 pp., 50c. ; cloth, 80c An adaptation of Phonography to the German language. t Hannale di Fonografia Italiana. 50c. An adaptation of Phono- graphy to the Italian language. By Giuseppe Francini. t Dutch Phonography. $1.50. An adaptation of Phonography to the Dutch language. By F. De Haan. t Phonographia sef Llaw Fer Yn 01 Trefn Isaac Pitman. 50c. An adaptation of Phonography to the Welsh language. By Rev. R. H. Morgan, M.A. t Japanese Phonography. By EDWARD GAUNTLETT. Rules in English, examples, etc., in Japanese. Part 1, Corresponding Style, price 60c. Part 2, Reporting Style, price 75c. Examples and Exercises, price 40c. Shjnshiki EDWARD GAUNTLETT'S adaptation of Pitman's Shorthand to the Japanese language ; in Japanese. Parts 1 and 2, with Book of Exercises, complete, price SI. 00. t Pitman's Phonography adapted to Esperanto. Limp cloth, 50c. SHORTHAND READING BOOKS. The student, to increase his speed, and to improve his knowledge of Phonography, cannot read loo much will-engraved shorthand. One advantage of studying the Isaac Pitman system and one which cannot well be over-estimated is, that the shorthand literature in that system is far in excess of all other systems combined. " We wonld emphasize still further the wealth of literature the Isaac Pitman system has. . . . These publishers are 7 continually issuing new works in shortnand, and this in itself should make their system a great force in the shorthand world." Penman's Art Journal (New York). " We wish to repeat what we have said before with reference to the literature sent out by Isaac Pitman & -Sons, and that is, that the very extensive line they furnish is of itself the highest recommendation for the system. No other system furnishes as much." Western Penman. (Cedar Rapids, la.). IK THE CORRESPONDING STYLE. Select Readings, No. 1. 48 pp., 20c. An entirely new book of readings. Partial list of selections : " A Rill from the Town Pump " (NATHANIEL HAWTHORNE) " The Heart of London " (CHARLES DICKENS) ; " The Man in Black " (OLIVER GOLDSMITH) " Household Superstitions " (JOSEPH ADDISON) ; " Caught in the Quicksand " (VICTOR HUGO), etc. Select Readings, No. 2. 48 pp., 20c. Containing " A First Night at Sea" (RICHARD H. DANA); "Niagara" (DICKENS); "The Candid Man " (BULWER LYTTON), etc. The Chimes. 127 pp., 50c ; cloth, 80c. By CHARLES DICKENS. The Battle of Life. 130 pp., 40c. ; cloth, 50c. By CHARLES DICKENS. The Silver Ship of Mexico. 182 pp., 40c. cloth. 50c. B> J. H. INGRAHAM. The Book of Psalms. 160 pp., 40c. ; cloth, 50c. Self-Culture. 91 pp., 40c. : cloth, 50c By PROF. BLACKIE. Gulliver's Voyage to Lillipui 88 pp., 40c. ; cloth, 50c. By DEAN SWIFT. Tales and Sketches. 96 pp., 40 . cloth 50c. By WASHINGTON IRVING ; with printed Key. Robinson Crusoe. 309 pp., 60c. ; cloth, 75c. By DANIEL DEFOE. Illustrated. This work is extremely well adapted for use as a shorthand reader, and, in attractive cloth binding, forms a handsome prize volume. The Vicar of Wakefield. Illustrated. 280 pp., 50c. ; cloth, 60c. IN THE REPORTING STYLE Selections from American Authors. 112 pp., 40c. ; cloth, 60c. With Key in ordinary type at the foot of each page, and containing the following selections. The Buccaneer's Treasure (IRVING) ; My Editing (TWAIN) ; A Venerable Impostor (HARTE) ; The Autocrat of the Breakfast Table (HOLMES) ; The Way to Wealth (FRANKLIN) ; The Tell-Tale Heart (PoE) ; Greatness in Common Ufe (CHANNING) ; The Story of a Drum (HARTE) ; The Procession of Life (HAWTHORNE) ; A Melting Story (TWAIN) ; The Professor at the Breakfast Table (HoLires). 8 The Cricket on the Hearth. 132 pp., 50 . ; cloth, 60c. By CHARLES DICKENS. Brief Reporting Notes in Shorthand, or Shorthand Dictation Exercises. 48pp.,25c. With printed .Key, and the matter counted and timed for testing of Speed either in Shorthand or Typewriting. The Sign ol Pour. 171 pp., 50c. ; doth, 60c. By A. CONAN DOYLE This famous detective story forms a very attractive hook of phonographic reading. Tales from Dickens. 147 pp., 50c. ; cloth, 60c. Containing " The Tuggs's at Ramsgate," " The Bloomsbury Christening," " The Great Winglebury Duel," and " Mr Watkins Tottle," from "Sketches by Boz," forming Vol. 5 of " Pitman's Shorthand Library." In engraved shorthand. Reporting Style. With 17 original illustrations and heading. Around the World in Eighty Days. 184 pp., 50c. ; cloth, 60c. By JULES VERNE. The Haunted Man. 104 pp., 50c. ; cloth, gilt, 60c. By CHAS. DICKENS. Twenty-one Original page Illustrations. Thankful Blossom. 105 pp., 40c. ; cloth, 50c. By BRKT HARTE. A Christmas Carol. Ill pp., 40c. ; cloth, 50c. By CHARLES DICKENS. t High Speed in Shorthand : How to Attain li 64 pp., 40c. With type key. t Shorthand Examinations : How to Prepare for and How to Pass Them. 25c. t Billy Binks, Hero. 32 pp., 20c. By GUY BOOTHBY. t The Phantom Stockman. 32. pp., 20c. By Guy BOOTHBY. Gleanings, No. 1 and 2. 48 pp. each. Each 20c. Containing reproductions of notable essays by T. A. REED and others, or shorthand matters, with printed key. The Legend of Sleepy Hollow. 62 pp., 20c. By WASHINGTON IRVING ; with printed Key at the foot of each page. Rip Van Winkle. 32 pp., 20c. By WASHINGTON IRVING ; with printed Key. The Bible in Shorthand. Cloth, beveled boards, red edges, $3 ; roan, gilt edges, $3.50 ; morocco, gilt edges ?4.50. Each style has a silk marker and comes boxed. Containing the Old and New Testaments. The New Testament. 368 pp., man, red edges, S1.50 , Turkey morocco, eilt edges, $2. In an E;isv Reporting Style of Phonography. The Book ol Common Prayer. 296 pp., roan, red edges, $1.60 : Turkey morocco, gilt edges, $2. In an Easy Reporting Style of Phonography. The Church Services (entire). 935 pp., roan, $3 ; morocco, $4. In an Easy Reporting Style of Phonography. t Commercial Shorthand. 40c, A Reading and Dictation book with introduction by E. A. COPE. TYPEWRITING. Practical Course in Touch Typewriting. By CHAS. E. SMITH, Authtr of " Cumulative Speller." Fifth Edition, revised and enlarged 50c. ; cloth, 75c. A Scientific Method of Mastering the Keyboard by the Sense of Touch. The design of this work is to teach touch typewriting in such a way that the student will operate by touch will have an absolute command of every key on the keyboard, and be able to strike any key more readily without looking than would be the case with the aid of sight. A separate Chart contain- ing Keyboard and Diagrams printed in five colours, on a heavy double-calendered cardboard accompanies each copy. Contains specimens of actual Business Letters, Legal Forms, Specifications, Instructions for the Use of the Tabulator, etc., all printed in actual typewriter type. In ordering state whether Single or Double Keyboard Edition or Oliver Edition is desired. Adopted by the New York Board of Education. " I am pleased to state that I consider ' A Practical Course in Touch Typewriting ' the only text-book from which I studied, the best Typewriting instruction book that I have seen. The exercises are excellent, and have helped me wonderfully in working up speed. The whole course is very interesting from the beginning, and it cannot but produce the best results in the shortest time." Rose L. Fritz, World's Champion Typist. " You may be interested in knowing that our teachers and pupils are greatly pleased with ' Practical Course in Touch Typewriting.' Although this work has been in use lest than two weeks, I can see a very decided improvement in the work that our students are doing, as well as a greatly increased interest in Typewriting work." Chas. Hermann, President, Euclid School, Brooklyn, N. Y. Isaac Pitman's Typewriter Manual. $1.00- Fifth edition, revised and enlarged. A Practical Guide to Commercial, Literary, Legal, Dramatic, and all classes of Typewriting work. Contains 58 plates. All-finger or Touch Typewriting method. Remington Typewriter Manual. 40c. ; cloth, 50c. Seventh edition. 10 Instructions on the Remington Standard Typewriter. 32 pp., 20 cents. Also published 20c. each for the New Century Caligraph, Bar-Lock, and Yost. Typewriter Backing Sheet. lOc. Designed to protect the type the platen, and to assist in giving better and longer service to the writing machine and lessen the noise. The sheet is printed with line numerals from 1 to 60, which indicates the nearing of the end of the sheet. It prevents slipping of the paper and wrinkling of carbons. The New Universal System of Touch or Sight Typewriting. By I. W. PATTON. Third Edition Revised and Enlarged. 60c. The plan of fingering is clear and simple. No antiquated or stereotyped method to puzzle and confuse the pupil. The keyboard is printed in three colors for the different fingers and one glance shows the pupil just what finger to use. Over two thousand lines of fingering exercises on words and sentences are furnished to the pupil. COMMERCIAL CORRESPONDENCE, BUSINESS ENGLISH, SPELLING, Etc. Pitman's 20th Century Business Dictation Book and Legal Forms, 272 pp., stiff boards and cloth back. 75c. ; cloth, $1.00. (Fifth edition.) Containing an up-to-date collection of genuine letters (in ordinary type) which have bee^ '...-.ed in the transaction of actual work in large American business houses, classified under fifty distinct lines of business, each set of letters separate ; Legal Forms, and a judicious selection of practice-matter for general dictation. Also chapters on Spelling, Punctuation, Capitaliza- tion, and Short Practical Talks with the Amanuensis, etc. This work, which is the most complete dictation course published, is specially compiled for the teacher, the beginner, and the advanced student. All progressive Schools, without reference to the system of Shorthand taught, should insist upon each student procuring a copy. Every teacher of Shorthand or Typewriting will see at a glance the immense value of this work as a means by which students may study American business correspondence as it actually is. All matter counted for speed-tasting. Also published in two parts, as follows : Part 1. Business Dictation. 168 pp., stiff boards and cloth back 50c. Containing fifty distinct lines of business. Part 2. Legal Forms and Miscellaneous Selections, etc. 103 pp. stiff boards and cloth back. 40c. Pitman's Cumulative Speller. 112 pp., cloth, 40c. By CHARLES E. SMITH, author of " A Practical Course in Touch Typewriting." A modern and practical speller for Commercial Education. As the title indicates, the plan is cumulative. Each lesson consists of sixteen words, the first twelve of which are respelled phonetic- ally and defined. The syllabication, pronunciation, and definition of the remaining four words should be assigned to the- student, either as homework or seat-work. A homework dictionary, containing all of these special words, is included in the speller at the end of th first hundred regular lessons. This feature of 11 the work is intended to aflord the student a ready means of acquiring the dictionary habit a habit so essential to all who take pride in turning out accurate work. Nearly all of the words assigned for homework are later on repeated in the regular lessons, so that the lessons review themselves and reduce to a minimum the necessity of having special review lessons. This work contains a special chapter on the New Spelling, together with the 300 words recommended by the Simplified Spelling Board, and is the only business speller published containing this feature. " * A special edition of " Cumulative Speller " is also issued with a Shorthand Vocabulary for schools teaching the Isaac Pitman svstem. Cloth, gilt, 145 pp., 75c. Sample pages of either edition sent on request. " The Cumulative Speller appealed to me so strongly when I was privileged to examine the proof sheets, that it was immediately placed on our list. It has as many advantages as the old time speller had defects. It presents a unique and scientific method in dealing with what has always been a most unsatisfactory subject to the shorthand teacher. It gives the student an extensive shorthand vocabulary and facility in reading his Shorthand. It also gives him a satisfactory meaning for each word, and it saves a vast amount of the teacner's time." A. M. Kennedy, Kennedy Shorthand School, Toronto, Canada. Punctuation as a Means of Expression. Its Theory and Practice By A. E. LOVELL, M.A. 50c. This is much more than a mere statement of rules. The author has written an interesting and helpful manual of tne subject, that will greatly impress the intelligent student and be much appreciated by all who value clearness and thoroughness in writing. Style Book for Business English. 134pp. 75c. For Stenographers and Correspondents. This new treatise will especially appeal to the teacher of English wherever it is seen. Teachers of this subject using this work can feel assured of vastly better results than they have ever before secured. It will be an inspiration to both teacher and student. Key to Style Book. 15c. Pitman's Commercial Dictionary. The latest and best pocket dictionary. 384 pp. Full cloth, lettering in color, 35c. French morocco, 50c. At the suggestion of a number of teachers who have found the various present-day pocket dictionaries incom- plete and inaccurate for commercial and public school work, we have prepared this work which contains many features not found in books of this character. WORKS ON SHORTHAND, COURT REPORTING, Etc. (In Ordinary Type.) t Life of Sir Isaac Pitman. 392 pp. Cloth gilt, gilt top, $2.00. Contains fifty illustrations, including photogravure, steel, and many other full-page plates, consisting of portraits, views and facsimiles. Also a valuable bibliography of shorthand. The only authentic biography of the Inventor of Phonography. 12 The Shorthand Writer. 240 pp., cloth, gilt, $1.00. A complete Guide to the Commercial, Professional, and other uses of Short- hand. &y THOMAS ALLEN REED. This volume contains Mr. Reed's accumulated experience of half a century's study and prac- tice of the Art of Shorthand, as a reporter, professional shorthand writer, teacher, lecturer, and examiner. History of Shorthand. 228 pp., 75c. ; cloth, $1.00. By SIR ISAAC PITMAN. Third edition. Containing a description of the principal systems of shorthand which have been published from the time of Bright in 1588, together with a short account of the early history of the art, and prefaced with a summary of Phonography. The book also contains 16 pages of alphabets of the principal systems, with numerous specimens of shorthand. The largest and most complete history of shorthand ever published. Life and Work of Sir Isaac Pitman. Illustrated. 40c. Pitman's Popular Guide to Journalism. 112 pp., cloth, 50c. Reporting Hints and Practice. Cloth, 40c Essentials of Phonography. 24 pp., 20c. t Pitman's Shorthand & Typewriting Year Book and Diary. 40c. International Shorthand and Typewriting Contests. Contains the photographs of winners and the records made in the principal contests. 24 pp., 5c. A Chapter in the Early History of Phonography. Cloth, 40c. Bv THOMAS ALLEN REED. With a Preface by SIR ISAAC PITMAN. t The Bibliography of Shorthand. 258 pp., cloth, $2.00- By D. WESTBY-GIBSON. Comprising a list of all known printed Works and Manuscripts on Stenography and Phonography, by English, Colonial, and American authors. t Court Reporting : A Manual of Legal Dictation and Forms. 290 pp. Half law sheep, $1.00. This book is designed for Steno- graphers and Typewriter operators who are desirous of becoming proficient and expert in Law Work and Court Reporting. + Civil Service Examinations, 24 pp., 25c. One of the most imro tant b'anches of the Civil Service is that covered by the gene-al title of cle-ical force. Of this department, the position o" stenoyrapher and typew iter usuallv takes piecedence and, with one or two exceptions, is the most remunerative. How to Become a Law Stenographer. 168 pp., 75c. Cloth, gilt, Sl.OO. For Stenographers and Typists. A Compendium of Legal Forms, containing a complete set of Legal Documents accompanied with full explanations and directions for arranging the same on the typewriter. This work will be found an indispensable companion' for every stenographer intending to take a position in a law office MISCELLANEOUS WORKS. BANKING, BOOK-KEEPING, INSURANCE, MEMORY etc. A Complete Guide to the Improvement of the Memory. 136 p p , 40c. ; cloth, 50c. Or, The Science of Memory Simplified. By Rev. J. H. BACON. A Guide to English Composition. 112pp., 40c. ; cloth, 50c. With Progressive Exercises. By Rev. J. H. BACON. Business Handwriting. 40c. Primer ol Book-keeping. 40c. An introductory and preparatory course. Answers to " Primer," Cloth, 40c. Book-keeping Simplified. Cloth, 85c. Answers to Book-keeping Simplified. Cloth, 40c. Pitman's Advanced Book-keeping. 187 pp., cloth, $1.00. Answers to Advanced Book-keeping. Cloth, 40c. Pitman's Complete Book-keeping. 372 pp., cloth, $1.50 Answers to Complete Book-keeping. Cloth, 85c. How to Teach Book-keeping. 200 pp., cloth, $1.00. Pitman's Business Man's Guide. 500 pp.. doth. $1.25- Pitman's Economic History of England. 400 pp., with diagrams. Cloth, gilt, S2.00. By H. O. MEREDITH, M.A. The study of Economic History is becoming more and more important, and the general trend of politics makes it absolutely essential thai the man or the woman who takes an interest in the great move- ments which are now going on in the world should be posted in all the latest conclusions as to the condition of the people at different periods. Pitman's Commercial Geography of the World. 268 pp., colored plates and maps. Cloth, gilt, 85c. Business Terms and Phrases. 164 pp., cloth, 85c. Containing explanations of terms, phrases, and abbreviations, in English, with French, German, and Spanish equivalents. Pitman's Paper Flower Making Cloth, 60c. Colored plates and 150 illustrations. The World and its Commerce. 128 pp., and 35 maps. Boards, 35c. Dictionary of the World's Commercial Products. 163 pp., $1.00. Second Edition Revised. With equivalents in French, German, and Spanish. A simple and concise encyclopaedia, giving in clear and accurate language a description of all the principal com- mercial products of the world. Information is supplied as to the sources of production, the uses to which the various products are applied, and the countries which trade in them. Cane Weaving for Children. 32 pp., 20c. An educational method of hand training. By Lucy R. LATTER. Encyclopaedia of Marine Law. 300 pp., cloth, gilt, $2.00. By LAWRENCE DUCKWORTH. A knowledge of Marine Law is of the utmost importance to all those who are in any way connected with the shipping trade. 14 Insurance. 340 pp., cloth, $2.50. A Practical Exposition for the Student and Business Man. By T. E. YOUNG, B.A., F.R.A.S., Ex-President of the Institute of Actuaries, and Member of the Actuarial Society of America. A thoroughly practical Treatise for all engaged in Insurance work. Treats fully of Life, Fire and Marine Insurance. A work of living interest and will prove of the utmost practical value. Adopted by Yale University. " It is unquestionably the very best single work which can be obtained for use of a class in the subject, and I am very pleased to be able to recommend and adopt such a text." Edear Van Dewson, A.M., Instructor in Finance, Dartmouth College, Hanover (N.H.). Insurance Office Organization, Management and Accounts. 150 pp., cloth, $1.50. A Companion Volume to " Insurance." By T. E. YOUNG, B.A., F.R.A.S., and RICHARD MASTERS. " It covers primarily the numerous points arising in office organization books of accounts, the arrangement of work, the staff and its selection, salaries, promotion, the training of clerks, dismissals, retirement and superannuation together with many important suggestions as to matters growing out of the conduct of the business at the head office. This work is an extremely practical one, and there can hardly be an insurance office in the country which would not find useful and valuable suggestions therein, which if adopted or adapted, would improve the records or minimize the office work or both. It is of particular value to those contemplating the establishment of new insurance companies." The Spectator New York. Pitman's Secretary's Handbook, 366 pp., cloth, gilt, $2.00. By HERBERT E. BLAIN. " I have examined caefullv \ our "Secretary's Handbook ' by Herbert K. Blain. and can say that I could consistentlv recom- mend it as an invaluable aid to anyone who holds or hopes to hold a position as secretary to a man in public, professional or business life, or in corporation work. In fact it would be of intere 01 ' to anyone who rnlds or hopes to hold any position of trust or responsibility." Byron H. Milner, Wharton School of Finance and Commerce, University of Pennsylvania, Pa. Accountancy- 311 pp., cloth, gilt, 82.00. By FRANCIS W. PIXLEY. An entirely new work dealing with Accountancy, Constructive and Recording, from a theoretical and a practical point of view. The latest exposition of the science. Money. Exchange and Banking. 270 pp., cloth, gilt, $2-00. By H. T. EASTON, Associate of the Institute of Bankers. Treats of the above subjects in their practical, theoretical, and legal aspects. " Is so complete and contains so much that business men and banks in the financial districts have ordered their clerks to read it. It also contains information that every modern busines= man should have at 'hisfingers' ends." N. Y. Evening Telegram Office Organization and Management. 315 pp., cloth, gilt, $2.00. By LAWRENCE R. DICKSEE, M.Com., F.C.A., and H. E. BLAIN This volume gives in detail, with the aid of specially selected illustrations and copies of actual business forms, a complete description of management and organization under the most improved and up-to-date methods. 15 WORKS, ETC., FOR TEACHERS OF PHONOGRAPHY. All Teachers of Isaac Pitman's Phonography are requested to send their address tor registration to Isaac Pitman & Sons, 31 Union Square. New York. The Pitmanic Guide. 21 pp., 15c. Containing a veritable mine of information about the system both for students and teachers, especially those who have previously studied other Pitmanic methods, and it will be found exceedingly useful to teachers who are contemplating making a change from such modifications to the pure Isaac Pitman system. Chart of the Phonetic Alphabet 22 by 35 in. 10c. Same mounted on canvas rollers and varnished, 76c. Containing the Shorthand and Printing letters. t Charts on Pitman's Shorthand. 35 by 22 in. S2.50 ; on canvas, $4 00. Ready for hanging on wall. A series of 14 large Charts illustrating the principles of Phonography as developed in the text-books. Every Teacher should have a set to hang on the walls of his class-room. These Charts are invaluable for Class tuition. Some Points. Twelve pages and four cover pages printed in red and green. Price, 40c. per 100 ; 81.76 for 500, post paid. Teachers and schools will find this one of the most attractive pamphlets ever published in connection with the Isaac Pitman system Sample copy free. A Persuasive to the Study and Practice of Phonography, 16 pp., 40c. pfr 100 ; $3.00 per 1,000 net, post-paid. In attractive tinted cover, and space being reserved for Teachers' terms. By a judicious distribution of this pamphlet, pupils can be secured, - and publications sold. A Smaller Edition of above PERSUASIVE consisting of 8 pp., giving Alphabet, etc. Sample free. Price, POST PAID, 100 copies, 20. ; 500 copies 90c. " Which System of Shorthand Should we Learn ? " 32 pp. in attrac- tive cover. Sample copy free. 10 copies, 20c. ; 50 copies, 65c. ; 100 copies, J1.20, post paid. The Commercial Value of Shorthand. 24 pp. in tinted cover. Text in two colours and marginal captions. Sample copy free. 25 copies, 25c. ; 100 copies, 75c., post-paid. Shorthand in the Executive Departments at Washington. 6 pp., and space for school imprint, two colors. Sample free. Price, POST PAID, 100 copies, 15c. ; 500 copies, 65c. 16 Court Reporters' Testimony to the Superiority of the Isaac Pitman Shorthand. 12 pp., and *pate for imprint on first page of cover. Teachers' NET PRICE, POST-PAID : 25 copies, 15c. ; 100 copies, 40c. 250 copies, 85c. Twelve Reasons for Learning Isaac Pitman's Shprthand. Four pages, printed in two colors, and space for imprint. Teachers' NET PRICE, POST PAID : 100 copies, 12c. ; 500 copies. 50c. The New VS. The Old, or the Isaac Pitman Phonography vs. Benn Pitman, Graham, and Others. Eight pages. Teachers' NET PRICE, POST-PAID : 25 copies, 15c. ; 100 copies, 40c. ; 250 copies, 85c. PERIODICALS. Pitman's Journal. Terms of Subscription : Per Year in Advance, 50c. Special Club rates on application. Sample copy free. An American Magazine for Isaac Pitman Teachers and Writers. Issued monthly, except July and August. Each number of PITMAN'S JOORNAI contains twenty-four pages (size 7j by 9J) and includes eight columns of beautifully engraved Phonography, furnishing invaluable means for study and practice to students of the art. Current topics of interest appear in every issue by contributors of reputation and experience, making the JOURNAL of the highest usefulness to both the beginner and experienced teacher. Facsimile notes and Prize Competitions are special features. t Bound volumes of PITMAN'S JOURNAL : Vol. I and II, S2-50 each ; Vol. Ill and IV, S1.50. Other Shorthand Periodicals. ISAAC PITMAN & SONS, 31 Union Square, New York, are agents and accept subscriptions for the following English publications : Pitman's (English) Journal. Founded by Sir Isaac Pitman in 1842. The oldest and only weekly periodical (in any system) in existence devoted to SHORTHAND, TYPEWRITING, and kindred subjects. Each number consists of 42 pp., and comprises 12 COLUMNS OF PRINTED SHORTHAND. Terms of Subscription. Payable in Advance : 12 months. 52 weekly issues . . $1.75 8 26 .. 1.00 t Bound volumes of the JOURNAL from 1842 to 1875 are out of print. Volumes from 1876 to 1890, S2.50 each, post free. Volumes from 1891, to present date, $2.00 each, post-free. Handsome covers for binding the present or past yearly volumes, t 40c. each. Pitman's Shorthand Weekly. Sixteen pages. Beautifully printed in* the reporting, corresponding, and learner's styles, and profusely illustrated. The contents consist of stories and tales, serial and complete ; interesting extracts ; amusing paragraphs ; phono- graphic jokes and anecdotes. Terms of subscription same as the PITMAN'S (ENGLISH) JOURNAL. t Bound volumes (Half- Yearly) of PITMAN'S SHORTHAND WEEKLY as follows : Vols. 1 to 7 out of print ; vol. 8 to the present date, $1.50 each. 17 Pitman's Shorthand Budget The monthly edition of P.S.W, Each issue contains 32 to 40 pages of Engraved Phonography, and fully illustrated. Twelve months, $1.75; Six months. $1.00. Sample, 15c. Reporters' Journal. Sample 'opy, 10c. Yearly subscription, post- paid, $1.25. Edited by J. H. FORD. Reporters' Magazine. Sample copy, 18c. Yearly subscription, post-paid, $1.25. Founded by E. J. NANKIVELL. PHONOGRAPHIC STATIONERY AND SUPPLIES. Reporters' Note-book. " Fono Series." For pen or pencil. Isaac Pitman & Sons' " Fono " Series. Specially made ELASTIC BOUND (no stitching) opening PERFECTLY FLAT. The paper contained in these note-books is expressly manufactured, and is of a very superior quality. The peculiar fibre of same permitting of a high rate o1 speed in shorthand writing. The old style note- book, on account of its cheap stiff binding, has a constant tendency to close, and when forced open will not lie flat. In the Isaac Pitman " Fono" Series this difficulty is entirely obviated, and when the page is turned will lie absolutely flat. This feature will be thoroughly appreciated in rapid work. Ruled in red unlese otherwise stated. Sample pages of the different rulings sent on request. " I have become so used to your No. 5 Note-Book that I can use no other. . . . My colleague (Mr Beard) in this court says that your books are the best he has ever used in twenty years' experience." Peter P. McLoughlin, Court of General Sessions, New York City. END OPENING. No. 5" Fono " Series, 200 pp., 5 by 8 in. . . . . 20c. it 5 marginal line 20c. ,i 5 ,, ,, marginal line and pages num- bered 1 to 200 25c. ii 5 ,. marginal line and stiff board covers . . 25c. No. SA w narrow ruling 20c. 5B f> marginal, and two additional faint blue lines 20c. No. 5u "Fono" Series, with pages numbered I to 200 .. 25c. 6c 200pp.,5i by 8in.,si.t vertical lines 25c. 5c with pages numbered 1 to 200 . . 30c. SE (pencil paper) 200 pp., 5 by 8 in. . . 20c. 5r 200 pp., 5 by 8 n. One centre line 20c. 20 200 PP...-5J by 8j in., stiff board covers, with blue narrow ruling and red marginal line. . 25c SIDE OPENING. No. 6 " Fono" Series, 240 pp., 4} by 7 >", unruled .. 20c. 6x 160 pp., 5J by 8* in., tight vertical lines .". " 26c. %B ,, 160 pp.. 5J by 8J in , line down centre 25c. - 6c ., 160 Pencil paper . . . . . . 25c. BE 200 pp., 51 by 8J, fix vertical lines (for convention work) . . . . 25c. 6F 200 pp., 5i by 8i, four vertical lines 26c. tS" A liberal reduction by the dozen copies. Note-Books should b* ordered in quantif'Vs to warrant sending by express and thus saving extravagant postage required on this class of matter. Loose Sheets. No. 5 " Fono " Series Reporting Paper, size 8J by 11J in. Sold only in packages of 1,000 sheets. Numbered 1 to 1,000. Price $3.10 net. Students' Note-Books. Made of superior quality paper and suitable for pen or pencil. End opening. No. 1 100 pages, 4 by 6J in., red lines 6c. 2 180 pages, 4 by 6J in., red lines 8c. 3 200 pages, 4J by 7J in. red lines lOc. 19 140 pages, 4} by 9 in., red lines and marginal line. . 20c > *,* Nos. 1, 2, and 3 contain a complete list of Reporting Gramma- logues and Contractions, alphabetically arranged, printed inside the covers. This feature will be found of the greatest convenience to th shorthand student. Lead Pencils.' Isaac Pitman & Sons' Reporting Pencils will in future be stamped and known as Pitman's " Fono " Pencils, but the quality will remain the same it cannot be improved. For smoothness, durability, and uniformity of grade (which is at once detected by a sensitive hand), and for easy cutting, these pencils have stood unequalled for upwards of a quarter of a century. Once used, always used, ensuring satisfaction with the pencils and with the writer. Made in two qualities : No. 1 (Silver script letters). Per dozen, 50c. ; per half gross, $2.50 ; per gross, $4.50- Sample of six, post-paid, 25c. ; three, 15c. 19 No. 2 (Silver old English letters). Per dozen, $1; per half gross $5 : per gross, $9- Sample of six, post-paid, 50c. ; three, 30c " I have tried about every make of pencil in practical work, and can truthfully say that the ' Isaac Pitman Reporting Pencil ' is by far the best of them all, and less than hall Ike cost of many." A. Cooper, Official Stenographer, Dept. Publu Works, New York. Note-Book Covers. 20c., post-paid, 25c. Neat black cloth covers, for holding either Nos. 1, 2, or 3, and forming a knee rest. For " Fono " Series No. 5, price 30c., post-paid, 35c. Reporting Paper. Per Quire, lOc. ; post-free, 12c. Five Quires, 40c. ; post-free, 50c. Reporting Covers. Cloth, 20c. ; leather, 60c. : morocco, $1.00. Evercirculator Covers. Cloth, 30c. ; leather, 40c. To hold. Evercirculator paper. Fono " Writing Paper. Packet of 60 sheets, 30c., post-paid, 35c- five quires, 60c., post-paid, 60c. " Fono " Letter or Evercircnlator Paper, ornamental border. Packet of 60 sheets, 30c., post-paid, 35c. ; five quires, 60c., post-paid, 60c. Note-Book Cover and Transcribing Slope. Size 9 in. by 5 in. Price, with 140-page Note-Book, red ruling, marginal line, 80c. ; post- free, 90c. Without Note-Book, 70c. ; post-free, 75c. Made of leather. Forms a convenient rest suitable for knee or desk. Fountain Pens. No. 12, $2.50 ; No. 14, $4 ; The Waterman " Ideal " is the most perfect fountain pen made and is unequalled for shorthand or longhand writing. Sent carefully packed and post-paid on receipt of amount. " Fono " Pencil Case and Fountain Pen Holder. 50c. Price, with six of our celebrated Reporting Pencils, 75c. Made of roan, leather lined. The case folds up, and occupies less space than an ordinary pocket book. " Fono " Pencil Sharpener. 36 cents. Reporters' Rest or Desk for the Knee. 60c. Folds up for the pocket. PHOTOGRAPHS. Memorial Portrait of Sir Isaac Pitman. 60c. A high-class repro- duction of the Memorial Portrait accepted by the National Portrait Gallery of London. Size, mounted on stiff cardboard, 17J by 33 J ins. All copies sent by mail in a strong cardboard tube 20 LANGUAGES. SPANISH. Pitman's Practical Spanish Grammar and Conversation for Self Instruction. 112 pp., 40c. ; cloth, 50c. With copious Vocabulary and IMITATED Pronunciations. By the aid of this book, the student is enabled to rapidly acquire a perfect knowledge of the Spanish language. " This honored house has a right to style itself ' rapid," for it not only is at the front with rapid stenography and with the best rapid methods of learning French and Spanish, but it is rapid in getting into the field with new books for new issues. We would advise well-educated young men to master Spanish. It is not a difficult language, and Pitman's Practical Spanish Grammar makes it doubly easy. In saying anything of the Pitmans we think of their shorthand equipment. There is not much trouble in acquiring the ability to writo Spanish in shorthand after one thoroughly masters the language. The *uture is very promising in this direction for American youths who know Spanish." Jownal of Education (Boston). Easy Spanish Conversational Sentences. 32 pp., 20c. With Literal Interlinear Translation and Imitated Pronunciation Advanced Spanish Conversational Exercises. 32 pp.. 20c. Spanish Business Letters. 32 pp., 20c. With Vocabulary and copious notes in English. Spanish Commercial Phrases. 32 pp., 25e. With Abbreviations and Translations. Spanish Business Interviews. 96 pp., 40c. ; cloth, 50c. With Correspondence, etc., each forming a complete G>mmercial Transaction, including Technical Terms and Idiomatic Expres- sions, accompanied by a copious Vocabulary. Spanish Tourists' Vade Mecum. Cloth, 40c. Every-day Phrases, With Vocabularies, Tables, etc., and the exact pronunciation of every word. Dictionary of Commercial Correspondence in French, German Spanish, and Italian. 600 pp., cloth, $2.50. Containing the most common and ordinary terms and phrases of a commercial nature. Pitman's Commercial Correspondence in Spanish. 267 pp., cloth gilt, $1.00. The increasing importance of a study of the Spanish language has induced the Publishers to issue an edition of their successful work, " Commercial Correspondence " (already published in English, French, and German) in that language. The work gives all the letters contained in the other editions, and there is, in addition, a full account of the Spanish Weights and Measures and the Spanish Coinage. Facsimiles of all important business forms and documents in Spanish are an important feature of the work. The Map of Spain has all the names of towns, rivers, etc., in Spanish. A very complete Appendix of commercial idioms adds to the value of the work. 21 FRENCH. Pitman's Complete French Course. 210 pp., cloth, gilt, 60c. For Self-Instruction. Part I., consisting of Grammar to the end of the Regular Verbs, Conversational Phrases and Sentences, Short Stories, and French-English and English-French Vocabularies. Part II., Grammar, including the Irregular Verbs, Conversational Phrases and Sentences, Selections of French Prose, and French- English and English-French Vocabularies, and Summary of French Grammar Reforms. Pitman's French Course. Part L 96 pp., 20c. ; cloth, 25c. Grammar to end of the regular verbs ; with exercises. Pitman's French Course. Part II. 25c. Key to Part 1, French Course. Cloth, 50c. Key to Part 2, French Course. Cloth, 50c. Pitman's Practical French Grammar. 128 pp., paper boards, 40c. ; doth, 60c. And Conversation for Self-Instruction, with Copious Vocabulary and Imitated Pronunciation. The Latest and Best Method for Learning French without a Master. A Child's First Steps in French. 84 pp., cloth, 25c. An elementary French reader with vocabulary. Pitman's Chart of the French Regular Verbs. 10c. Terminations of the Four Conjugations and a Full Exhibition of the Auxiliaries. Pitman's French Commercial Reader. 208 pp., cloth, gilt. 85c. Deals in an interesting manner with the leading commercial and National Institutions of France. The reading matter is most carefully selected, and while the student of French is improving his mastery of the language, he is at the same time getting a good insight into French commercial methods. Accuracy is assured as the Reader has been prepared under the supervision of well known masters; in modern languages. Tourist's Vade Mecum of French Colloquial Conversation. 91 pp., cloth, 40c. A careful selection of every-day Phrases in constant use, with Vocabularies, Tables, and the Exact Pronunciation of every Word. An Easy Method of acquiring a knowledge of French sufficient for all purposes for Tourists or Business Men on a trip to Paris. Commercial Correspondence in French. 240 pp., cloth, 85c. Gives all the letters of the " Commercial Correspondence " translated into French, and also a chapter on French Commercial Corre- spondence, a List of French Commercial Abbreviations, French coinage, weights, measures, etc., together with a number of reduced facsimiles of actual French business forms and documents. Notes are added to each letter. French Business Letters. 31 pp., 20c. Being a Practical Handbook of Commercial Correspondence in the French language, with copious notes in English. 22 Easy French Conversational Sentences. 32 pp., 20c. French Business Interviews. 104 pp., 40c. ; cloth, 50c. With Correspondence, Invoices, etc., each forming a complete Com- mercial Transaction, including Technical Terms and Idiomatic Expressions, with copious vocabulary and notes in English. French Commercial Phrases and Abbreviations with Translations 30 pp.. 20c French : Phrases for Advanced Students, 97 pp., 50c. Madge's Letters. 32 pp., 20c. Introducing Idiomatic Expressions. French and English. Advanced French Conversational Exercises. 32 pp., 20c. Les Bourgeois Gentilhomme. 40c. ; cloth, 50c. Moliere's Comedv in French, fully annotated. Dictionary of Commercial Correspondence in French, German Spanish, and Italian. 500 pp., cloth, 82.50 Pitman's International Mercantile Letters. English-French. Cloth gilt, 86c. GERMAN. Pitman's Practical German Grammar. 112 pp., 40c. ; cloth, 50c. And Conversation for Self-Instruction, with copious Vocabularv and Imitated Pronunciation. An entirely original method nevei before presented to the public. Pitman's German Course, PART I. 96 pp., 20c. Key to Pitman's German Course, PART 1. 50c. Pitman's German Commercial Reader. 208 pp., cloth, gilt, 85c. Is prepared on similar lines to the French Commercial Reader It furnishes a practical introduction to German commercial institutions and transactions, with questions and exercises which render it well suited for use in schools. Students are afforded the fullest help possible from plates, illustrations, maps and facsimiles of German commercial documents. Commercial Correspondence in German. 240 pp., doth, 85c. Gives all the letters of the " Commercirii Correspondence " translated into German, with useful notes at the foot of each letter. It also contains a chapter on German Commercial Correspondence, with a List of oerman Business Abbreviations. German Business Interviews. Series 1 andi>, each 100 pp., eact 40c. ; cloth, 50c. With Correspondenct, Invoices, etc.. eacb forming a compi-tf Commercial Transaction English-German Dictionary ot Business Wj.ds air! Terms. Veit- pocket edition. 160 pp . 85c. Elementary German Commercial Correspondence. 143 pp., cloth 75c. By LEWIS MARSH, A.B. 23 Tourist's Vade Mecurn o! German Colloquial Conversation. 64 pp., cloth, 40c. Popular German Reader, No. 1. " My Child Wife." 32 pp., 20c. From " David Copperfield." With Translation and Imitated Pronunciation. Hier and Da. Part 1 and 2. 32 pp., each. 20c. each. A collection of Wit, Hrmor, Satire and Interesting Extracts. Madge's Letters. 32 pp., 20c. German and English on opposite pages. illerlei ZOc. Titbits and Quotations in German. German Commercial Phrases and Abbreviations, with Translations. ~30 pp , 20c. German Business Letters. PART I. 30 pp., 20c. A Practica Handbook of Commercial Correspondence in the German Lan- guage, with Letters in German Script characters. Easy German Conversational Sentences. 32 pp., 20c. advanced German Conversational Exercises with Translations. 32 pp., 20c. Dictionary of Commercial Correspondence in French, German, Spanish, and Italian. 500 pp., cloth, $2-50. Containing the most common terms and phrases of a commercial nature. Pitman's International Mercantile Letters. English-German. Cloth, ?ilt, 85c. PORTUGUESE. A New Dictionary of the Portuguese and English Languages. Enriched by a great number of technical terms used in commerce, industry, arts and sciences, and including a great variety of expressions from the language of daily life, based on a MS. of JULIUS CORNET. By H. MICHAELIS. Second Edition. In two vols., cloth gilt. Portuguese-English and English-Portuguese. $4.25 each. Each volume sold separately. Abridged Dictionary of the Portuguese and English Languages, Including Technical Expressions of Commerce and Industry, of Science and Arts. By H. MICHAELIS. In Two Parts : I, Portuguese-English; II, English- Portuguese. Both parts in one vol. $4.25. Pitman's International Mercantile Letters. English- Portuguese. Cloth, gilt, $1.25. ITALIAN. Pitman's International Mercantile Letters. English-Italian. Cloth, gilt, $1.00. HUGO'S SYSTEM, t Spanish Simplified, cloth, $1.00. t French Simplified, cloth. $1.00. t German Simplified, cloth, $1.00. t Italian Simplified, cloth, $1.00. 24 SOME EXPERT OPINIONS OF ISAAC PITMAN'S SHORTHAND THE STANDARD SYSTEM. " The standard system of the world." " The Globe and Commercial Advertiser," New York, THE BEST SYSTEM. " All shorthand writers in the world concede the debt of gratitude to Isaac Pitman as the original Inventor of the best system ol short- hand, and the one which forms the basis for a hundred or more modifications." Dr. W. T. Harris, late U.S. Commissioner of Education, Washington, D.C. UNDOUBTEDLY THE BEST. " The Isaac Pitman Phonography is undoubtedly, when all points are considered, the best system. . . It is the only one prescribed in Ontario, and it is used extensively in the United States and in the public schools of its largest cities. . . It has, too, a more extensive literature than all other systems combined." Dr. A. H. .\facKay, Supt. of Education, Halifax, N.S., Canada. CAN MAKE NO MISTAKE IN CHOOSING IT. " Two hundred and eighty-one systems have appeared since Isaac Pitman's invention of Phonography, and all are founded upon that system. Pitman's is now written by at least three-quarters of the practical shorthand writers, and the learner can make no mistake in choosing it. On the other hand, he may be led into wasting much time by adopting some other system having serious defects, not apparent at first." " The Youth's Companion," Boston, Mass. SUPERIOR TO ANY OTHER. " I have been a practitioner of the Isaac Pitman system for many years, and believe it is superior to any other. Although I am personally acquainted with many fast and accurate writers among the users of the various Pitmanic systems, I regard this fact as an endorsement for the Isaac Pitman system, because, ' imitation is the sincerest form of flattery.' I can, however, truthfully say that 25 I am not acquainted with, nor do I know of by reputation (excepting two veteran Gurney writers) a single rapid and accurate writer who is not a Pitmanic follower. It does not follow, of course, that such do not exist, but I do know they are not conspicuous in this vicinity I am a firm believer in the orthodox manner of teaching and prac- tising Phonography as laid down in the authorised text-book of the Isaac Pitman system, viz. : ' The Complete Phonographic Instructor," and am decidedly of the opinion that any serious departure therefrom will only produce harmful results." Frank D. Curtis, Official Stenographer, U.S. Circuit Court, New York. HOLDS THE RECORD FOR SPEED. " The Isaac Pitman Shorthand is the best system. It is the most universally used, being the simplest, briefest, and most logical in existence. It is adapted to Spanish and ten other languages. It is used exclusively in the New York High Schools, and it holds the record for speed." " Success," New York City. THE MOST SIMPLE, LEGIBLE. AND BRIEF. " In 1890, Isaac Pitman & Sons, to meet the increasing American demand for a more perfect system than that of the ninth or tenth editions, established head-quarters in New York. The result has been that the New York High School of Commerce and other leading educational institutions are now adopting the twentieth century presentation of the Isaac Pitman phonography, which is conceded to be the most simple, legible, brief, and logical system in existence. Its publishers have behind them the plant, capital, and experience of sixty-five years' accumulation, and the co-operation of over three millions of successful practitioners. . . . The improvements made by the inventor and assisted by a large army of experienced teachers and expert reporters in the United States and Great Britain, have continued from 1840 to the present time, and everything that brains and experience can accomplish has been applied to its improvement. . . . The Isaac Pitman alphabet (1903), which is composed of simple and distinct characters, is not likely to be improved upon during the existence of any one now living." From 1904 Edition of Appleton's " Universal Cyclopeedia and Atlas." ' " Owing to the fact that the Isaac Pitman system of stenography has been exclusively adopted by the New York Board of Education, the appearance of a new edition of the ' Shorthand Instructor ' is a matter of more than ordinary interest. This system has been in use for over sixty years, and it is well-nigh impossible to imagine that the art could ever be brought to a higher state of perfection. The revised twentieth century edition of the ' Instructor ' contains many improvements, and all Pitman writers who took up the study of shorthand several years ago will do well to secure a copy, so that they may know the system in its highest state of development." " The Globe and Commercial Advertiser," New York. " The committee of the Public School Board appointed to select the best system of shorthand for the schools' commercial course, met yesterday and decided upon the Isaac Pitman system." " Toronto Globe," Toronto, On*., Canada. 26 " I am not an Isaac Pitman writer (although I am a Pitmanic writer), yet I recognize, and demand recognition of Isaac Pitman as the source of the so-called Benn Pitman, Munson, and all the other Pitmanic styles. There is, in fact, only one Pitmanic system, viz., that invented by Mr. Isaac Pitman, the others are merely different styles, or adaptations of the original." Editor, " Typewriter and Phonographic World," New \ ' ork. " The system of shorthand invented by Sir Isaac Pitman is the best known of all methods, and has been adopted by the city of New York and other large cities as the standard in the Public Schools." " Waverley Magazine," Boston, Mass. "The most logical, practical, and systematic of any system of shorthand." Boston (Mass.) Journal. " Many systems of shorthand have come and gone since Sir Isaac Pitman invented his ' Phonography' in 1837, but none has been able to supplant it entirely, for it lias been steadily improved. In spite of the many variations and offshoots from it, this system still has a claim to call itself the standard." The Chicago (III.) Record- Herald. " The time and money necessary to acquire the mastery of a good shorthand system are always well spent. Of all the shorthand systems, the Isaac Pitman is the best for all practical purposes, being the simplest and most natural, the most harmonious, logical, and legible. This system has been chosen for the ' Christian Herald's ' course of shorthand lessons." Christian Herald, New York. " The Isaac Pitman system of shorthand is founded on a philoso- phical basis, approved by Max Muller and other eminent authorities on the representation of language in writing, and as the result of its use by a host of able shorthand writers in every field of work, the system has been developed on lines of practical usefulness to a far greater extent than any other method." Harmsworth's Selt- Educator. " I think it no extravagance to hope that your ' Course in Short- hand ' will prove an innovation second in importance only to that inaugurated by the great Father of Phonography himself. Until such time as rival systems are in a position to re-model their text-books, it would seem idle to discuss their inferiority. The Isaac Pitman now stands in a class by itself, thanks to ' Course in Shorthand.' " Brother Rogatian, De La Salle College, Vedado, Havana, Cuba. Send for "SOME POINTS," and a copy of " PITMAN'S JOURNAL." ISAAC PITMAN & SONS, 31 Union Square (West;, New York. Press of Isaac Pitman & Sons, Bath, England. Twelve Reasons for Learning Isaac Pitman's Shorthand It was the first invented, and is the latest improved. It is the Easiest to Learn. It is the briefest. It has demonstrated its superiority overT all other systems by winning the PRINCIPAL HONORS in the following International Contests : FIRST INTERNATIONAL SHORTHAND SPEED CONTEST, Baltimore, 1906, The Miner Gold Medal, the only trophy awarded, won by Sidney H. Godfrey. SECOND INTERNATIONAL SHORT- HAND SPEED CONTEST, Boston, 1907. Miner Gold Medal, won by Sidney H. Godfrey, and Eagan Inter- national Cup, won by Miss Nellie M. Wood. THIRD INTERNATIONAL SHORTHAND SPEED CONTEST, Philadelphia, 1908. Eagan International Cup, won for the SECOND TIME, by Miss Nellie M. Wood. The entire system is built on a scientific basis. It is universal and international, having completely circumnavigated the globe. Its adaptation to ten foreign languages is a great help to the study of such languages. It has more shorthand literature than all other systems combined, ranging from the complete Shorthand Bible to popular fiction of the day. It is taught in the High Schools of New York, Brooklyn, and other leading cities. Has many imitators, which in itself is a guarantee of its superiority. The late U.S. Commissioner of Education (Dr. W. T. Harris) says : " It is the BEST system, and the one which forms the basis for a hundred or more modifications." University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. JD-U 'orm L9- UNIVERSITY of CALIFORNIA AT LOS ANGELES UC SOUTHERN REGIONAL LIBRARY FACILIT A 000 583 678