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served out of said county, within twenty days; and in all other cases, forty days, or judgment by default will be taken against you according to the prayer of said complaint.
The said action is brought to obtain a judgment of said Court against you, defendants, for the sum of three hundred and eighty-four dollars, principal sum and interest thereon as provided in your promissory note, hereinafter mentioned, all in United States gold coin, and for costs of the action. For cause of action plaintiff alleges, that on the third day of October, 1. D. 1878, you, defendants, A. M. Peters, and G. H. Peters, promised to pay to the defendant, Wm. Meyers, or order, at the agency of plaintiff in the city of Virginia, county and State aforesaid, on the third day of November, A. D. 1878, the sum of three hundred and eighty-four dollars in United States gold coin, with interest in like coin thereon from the date of said note, at the rate of one and one half per
month till paid, payable monthly, and if not so paid to become part of the principal and bear a like rate of interest ; that prior to the maturity of said note the said defendant, Wm. Meyers, for value received, indorsed the said note to plaintiff and waived presentation to makers, demand of payment, protest, and notice of non-payment;
non-payment; that defendants, either of them, have not paid said note and interest or any part thereof; all of which will more fully appear by reference to plaintiff's complaint on file herein, a copy of which is served herewith. And you are hereby notified that, if you fail to answer the complaint, the plaintiff will take judgment against you for the sum of three hundred and eighty-four dollars in United States gold coin, with interest and costs as aforesaid.
Given under my hand and the seal of the District Court of the First Judicial District of the State of Nevada, in and for the county of Storey, this twenty-first day of April, in the year of our Lord one thousand eight hundred and seventy-eight.
JOS. E. McDONALD, Clerk. [SEAL.]
By HENRY ROLFE, Deputy Clerk.
We will suppose further, that the plaintiff, by its attorney, files an affidavit and an undertaking, as required by the statute (both of which will be similar in form to those already given in the proceeding before described in the Justice's Court), and that a writ of attachment issues in the following:
Form 22.-Attachment in the State of Nevada.
In the District Court of the First Judicial District of the State
of Nevada, in and for the County of Storey. The Nevada Bank of San Francisco, a Corporation,
A. M. Peters, G. H. Peters, and
The State of Nevada, to the Sheriff of Storey County, greeting:
Whereas, the above-entitled action was commenced in the First Judicial District of the State of Nevada, in and for the County of Storey, by the above-named plaintiff against the above-named defendants, to recover from the said defendants the sum of three hundred and eighty-four dollars, with interest at one and one half per cent. per month from the third day of October, A. D. 1878, making about the sum of four hundred and twenty-eight dollars and sixty-six cents in United States gold coin, and costs of suit; and the necessary affidavit and undertaking herein having been filed as required by law;
Now we do command you, the said Sheriff, that you attach and safely keep all the property of said defendants, or either of them, within your said County (not exempt from execution), or so much thereof as may be sufficient to satisfy said plaintiff's demand, as above mentioned, in United States gold coin, unless the said defendants give you security, by the undertaking of at least two sufficient sureties, in an amount sufficient to satisfy such demand, besides costs, in which case you will take such undertaking, and hereof make due and legal service and return.
Witness my band and seal of the said District Court of the First Judicial District, this twenty-first day of April, a. D. 1879.
JOS. E. McDONALD, Clerk.
By Ilenny Rolfe, Deputy Clerk. Under the codes both of California and Nevada there is but one form of civil action, and under each code the complaint must state the cause of the action in ordinary language avd in concise and simple terms, and yet different causes of action, when founded on like bases and between the same parties, may and should be joined in the same complaint when they arise from the same transaction and between the same parties. For instance, a complaint may unite several promissory notes held by one party against another, or may unite a book account and a promissory note
against a party, in one complaint, when the basis of the indebtedness is similar, and so with other causes of action.
But, although the codes provide that there shall be but one form of action, there are different classes of action, and these different classes can not be joined in the same complaint; besides which there are certain words applying to different classes of action, which must be used in the complaint, or it will be of no value if objected to by a defendant, and would require to be amended. For instance, a party who sues for wages must allege that a certain amount is due him from the defendant " for work and labor done and performed by him for the defendant,” between certain dates, “at the special instance and request of the defendant;" while o party who loans money to another without taking a promissory note for it, should, in his complaint, allege that “the defendant,” on or about a certain time, “had and received ” certain moneys (naming the amount) from the plaintiff, “at the defendant's special instance and request, and then and there undertook and promised to pay to plaintiff the said sum of money whenever requested to do
or at some certain date, if the promise were so made. The foregoing remarks are deemed proper for the purpose of directing the attention of non-professional readers, for whose benefit this work has been more especially prepared, to the peculiarities of the following forms of complaint as well as the preceding; for although these forms appear to be different, they are really of the same form, and differ in certain necessary technical words only, and as different matters of action are treated of.
Form 23.—Complaint on Account for Goods Sold and
In the District Court of the First Judicial District of the State
of Nevada, in and for the County of Storey. Hiram Oaks,
Defendant. Hiram Oaks, the plaintiff in the above-entitled complaint, complaining of David Noakes, the above-named defendant, alleges:
That between the
A. D. 1878, and the day of — 1879, at the County of Storey above named, the said defendant, for and in consideration of certain goods, wares and merchandise sold and delivered by plaintiff to said defendent between the dates above named, at the special instance and request of said defendant, undertook and promised to pay to plaintiff the reasonable worth and value of said goods, wares and merchandise, whenever requested so to do; That the reasonable worth and value of said goods, wares and merchandise, is the sum of dollars, in gold coin; That though often requested to pay the said sum of money, the said defendant has hitherto neglected and failed to pay the same, or any part thereof, except the sum of — dollars, on or about the day of
and the further sum of dollars, on or about the - day of —, to the damage of plaintiff in the sum of
dollars; which sum, with interest thereon from the day of A.D. 1879, is now due and unpaid. Wherefore plaintiff prays judgment against said defendant for the sum of
dollars, in gold coin, together with interest thereon from the day of
A. D. 1879, at the rate of ten per cent. per annum until the same shall be paid, with costs of suit.
Attorney for plaintiff. The complaint and all the following should be verified, but as several forms of verification have been given, and one other form will be added, it will be unnecessary to repeat the verifications. A different form of complaint for goods sold and delivered will be given hereafter. In the foregoing, any person of ordinary intelligence will see how the blanks should be filled. If the defendant in a case like the above should demand the items of the account, they must be furnished him within five days, or no evidence of them can be given in Court.
Form 24.--Complaint on a Promissory Note against
In the Superior Court of the State of California in and for the
County of Yolo. John Jones,
The plaintiff above named, John Jones, complains of the
above-named defendant, and for cause of action alleges, that on or about the
A. D. 1879, the said defendant, for value received therefor, made his certain promissory note in writing, bearing date on that day, and delivered the same to this plaintiff, which promissory note is in the words and figures following, to wit:
[Set out an exact copy of the note.] and then and there undertook, and promised to pay the said sum of money named in said promissory note, with interest thereon, at the time and in the manner therein stipulated; that plaintiff is now the holder and owner of said note, and that no part thereof, nor of the interest thereon has been paid, and that there is now due and unpaid to plaintiff on said promissory note the sum of dollars, with interest thereon at the rate of per cent.
per month (the rate named in the note), from the
A.D. 1879. Wherefore plaintiff demands judgment against said defendant for the sum of dollars (in gold coin if so stated in the note), with interest thereon from the
A. D. 1879, until the same shall be paid (in like gold coin), and for costs.
Attorney for Plaintiff. The complaint should be verified.
Form 25.—Complaint on Foreclosure of Mortgage.
[BANCROFT's BLANK, No. 536.] In the Superior Court of the State of California, in and for the
County of Santa Clara. Ira Meek,
Ira Meek, the plaintiff in the above-entitled action, complains of William Deek the above-named defendant, and for cause of action alleges: That on or about the
A. D. 1879, at the city of San Jose, in the County of Santa Clara, and State of California, the said defendant made his certain promissory note in writing, bearing date on that day, in the words and figures following, to wit:
[Set out here a copy of the note, figure for figure and word for word. Be exact in copying any instrument of writing.)