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Amos Grant, being duly sworn, says that he is the plaintiff in the above entitled action; that he has read the foregoing complaint and understands the contents thereof, and that the same is true of his own knowledge.

Subscribed and sworn to before me, this 7th day of January, A. D. 1880.

R. L. PETERSON,

Justice of the Peace.

AMOS GRANT.

Now one of the foregoing forms will answer just as well as the other, in a Justice's Court, for parties are not held to any great strictness of pleadings in these courts; but as the latter is really more finished than the former, and approaches more nearly to the perfection of complaints required in courts of record, we will suppose that the plaintiff, Mr. Grant, selects the latter form, and as he has already entitled his action in Justice Peterson's Court, and has sworn to his complaint before him, we will take it for granted that he brings his action in that court, which he does by filing the complaint, that is by letting the Justice write "Filed" on the back of the complaint, with the day and perhaps the hour, that it was handed to him, and signing his name thereto.

It may be well to say at this point that the affidavits at the bottom of the Forms 8 and 9, and Form 5, are called "Verifications." Form 5 verifies a petition on information and belief; the last two forms positively, and still another form of verification will appear in these pages, where an attorney, or some other person than the plaintiff, or defendant, will verify the complaint, or the answer.

The Justice having filed the complaint, the suit is actually commenced, but it is of no positive value until a summons is issued to give it activity.

The plaintiff, therefore, demands that a summons be issued on his complaint, which the Justice does in substantially the following:

Form 10.-Summons in a Justice's Court.

In Justice's Court of Bodie Township, County of Mono, and State of California. Before R. L. Peterson, Esq., Justice of the Peace.

Amos Grant,

Plaintiff.

vs.

William Jones,

Defendant.

The People of the State of California. To William Jones,

Greeting:

You are hereby summoned to appear before me, at my office in the town of Bodie, in the County of Mono, on the thirteenth day of January, A. D. 1880, at ten o'clock A. M., to answer unto the complaint of Amos Grant, who sues you to recover the sum of eighty dollars and seventy-five cents in balance due from you upon a contract made on or about the third day of January, 1880, to wit: for certain chattels sold and delivered by said plaintiff to you, on or about said date, at your special instance and request, when judgment will be taken against you for the said amount, together with costs and damages, if you fail to appear and answer.

To the Sheriff or any Constable of said County, Greeting: Make legal service and due return hereof.

Given under my hand this seventh day of January, A. D. 1880. R. L. PETERSON,

Justice of the Peace of said township.

We will now suppose that Mr. Grant fears that when he obtains his judgment in the action, all the property of the defendant, Mr. Jones, will be secreted, while now, at the time of bringing his action, sufficient property of the defendant can be found to satisfy such judgment, when obtained, and desirous of securing the payment of his judgment, he determines to have an attachment issue to be served on the defendant's property.

To do this, he must make, and file with the Justice, an affidavit, which will be substantially in the following:

Form 11.-Affidavit for a Writ of Attachment.

In Justice's Court of Bodie Township, County of Mono, and State of California. Before R. L. Peterson, Esq., Justice of the Peace.

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Amos Grant, the plaintiff in the above-entitled action, being duly sworn, says, that the above-named defendant is indebted to him, the said plaintiff, in the sum of eighty dollars and seventy-five cents, in gold coin, over and above all legal set-offs and counter-claims, upon an express contract for the direct payment of money; 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 on real or personal property; that the said sum, for which an attachment is hereby asked, is an actual, bona fide existing debt, due and owing from the said defendant to the said plaintiff, and that the said attachment is not sought, and the action is not prosecuted, to hinder, delay or defraud any creditor of the said defendant.

Subscribed and sworn to before me, this

7th day of January, A. D. 1880.

R. L. PETERSON,

Justice of the Peace.

.

AMOS GRANT.

But before a writ of attachment can be issued, the plaintiff must make out and file with the Justice an undertaking signed by two sufficient sureties, residents and householders or freeholders of the county in which the action is brought, which undertaking will be substantially as follows:

Form 12.-Undertaking for a Writ of Attachment. In Justice's Court of Bodie Township, County of Mono and State of California. Before R. L. Peterson, Esq., Justice of the Peace.

Amos Grant,

Plaintiff,

vs.

Wm. Jones,

Defendant.

Whereas the above-named plaintiff has commenced an action

in the above-entitled Court against the defendant above named, to recover from said defendant the sum of eighty dollars and seventy-five cents, and has made and filed in said court his affidavit in due form of law for the issuance of a writ of attachment in said action against the property of said defendant, and has demanded that such writ issue in said action; Now, therefore, we, the undersigned, do undertake and promise, that if the said writ of attachment issue, and the said defendant recover judgment, or if the attachment be dismissed, the said plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of such attachment, in any amount of money not exceeding the sum of two hundred dollars.

Witness our hands and seals hereto affixed, this 7th day of January, 1880.

IRA NOAKES.

[SEAL.]

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Ira Noakes and Samuel Oakes, sureties on the above undertaking, being first duly sworn, say, each for himself and not one for the other, that he is a resident and householder [or freeholder] in said Mono County, and is worth the sum of two hundred dollars over and above his just debts and legal liabilities and property exempt from execution.

Sworn and subscribed before me,

this 7th day of January, A. D. 1879.

R. L. PETERSON,

Justice of the Peace.

IRA NOAKES,
SAM'L OAKS.

Upon the filing of the undertaking, if the Justice approves it, he will indorse upon it "Approved," and sign his name to such approval. He will then issue a writ of attachment, which will be substantially in the following:

Form 14.--Of Writ of Attachment from Justice's Court,
In Justice's Court of Bodie Township, County of Mono, and
State of California, before R. L. Peterson, Esq., Justice
of the Peace.

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The People of the State of California* to the Sheriff or any
Constable of the County of Mono, Greeting;

You are hereby commanded to attach, and safely keep, all the property of the above-named defendant within this county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, to wit, the sum of eighty dollars and seventy-five cents, besides the costs; unless said defendant shall give you security by an undertaking in two sufficient sureties, for said amount and costs; in which case you will take such undertaking.

Make due return hereof.

Given under my hand, and dated at Bodie township, on the 7th day of January, A. D. 1880.

R. L. PETERSON,

Justice of the Peace of said township.

The Constable or his deputy will now take the summons and the writ of attachment and serve them upon the defendant and on his property, as required by the statute, taking personal property into his possession; but, as this book is intended only to aid people generally, and not to point out the duties of executive officers, no directions will here be given for the service of papers, except such, perhaps, as people must serve themselves. We will suppose, however, that Mr. Jones does not wish to have his property taken out of his possession, and that, to prevent this, he gives the Constable the undertaking mentioned in the writ of attachment. If so, the undertaking will be, substantially, in the following:

* In Nevada the style of the process is, "The State of Nevada," instead of "The People," etc. The Constitution of a State determines "the style of its process," and if any writ, summons, or other "process," is in any other style or words than those prescribed by the Constitution of the State in which it is issued, the process is void.

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