*

contents thereof; that he is acquainted with the facts alleged in said complaint (or, answer) and that the same is true to his own knowledge, except as to those matters therein stated to be alleged on information and belief and as to those matters he believes it to be true.

(Jurat.)

(Signature.)

No. 108. Verification by two parties not united in interest, but pleading together. R. S., sec. 2666.

(Venue.)

John Dale and Ira Wall, being each first duly sworn, on oath say and each for himself says, that he is one of the plaintiffs (or, defendants) in the above entitled action; and that the foregoing complaint (or, answer) (which he has read and of which he knows the contents), is true to his own knowledge. (Jurat.)

(Signature.)

No. 109. Verification by oficer of domestic corporation.
R. S., sec. 2666.

(Venue.)

John Smith, being first duly sworn, on oath says that he is the president (or, other officer) of the company, the plaintiff (or, defendant) in the above entitled action, and that the foregoing complaint (or, answer) is true to his own knowledge (except as to those matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.

He further says that the reason why this verification is not made by the plaintiff (or, defendant), is that the plaintiff (or, defendant) is such corporation, and that deponent is such officer and is acquainted with the facts. (If any allegations are made on information and belief, then continue thus), and that the grounds of his belief as to all matters stated herein to be on information and belief are as follows: (Here state same, as for example) formation derived from the books and records of the corporation and reports of subordinate officers thereof made in the regular course of their duty, and from statements made to him by them. (Jurat.) (Signature.)

In

*NOTE.- Omit this clause when none of the allegations are on informa tion and belief.

52

PROCEEDINGS FOR ARREST AND BAIL IN CIVIL ACTIONS.

No. 110. Affidavit for order of arrest for injury to person.
R. S., sec. 2689.

STATE OF WISCONSIN,

Dane County.

SS.

John Doe, being first duly sworn, on oath says that on the 10th day of September, A. D. 1889, at the city of Madison, in said county, one Richard Roe, did wilfully, wantonly, with force and arms, make an assault upon, beat, wound, bruise and injure this affiant, without cause, provocation, or any reason or excuse there. for based on any conduct of affiant; that from such beating and injuries the affiant has suffered great pain of body and mind, being for three weeks disabled from attending to his labors, and incurred great expense for care and medical attendance; and by reason thereof, as he is advised and believes, that he has a cause of action against said Roe, to recover damages in a great sum, to-wit, one thousand dollars, and is about to commence action therefor; and that he desires an order of arrest of said Roe, in said action. JOHN DOE.

Sworn to and subscribed before me this 9th day of October, A. D. 1889.

JOHN SCRIBUS,
Notary Public,
Dane County.

No. 111. Affidavit for order of arrest in action to recover damages for value of property obtained by false pretenses R. S., sec. 2659. or tokens.

STATE OF WISCONSIN,
Dane County.

SS.

John Doe, being first duly sworn, on oath says that Richard Roe, on the 10th day of June, A. D. 1889, at Madison, in said county, devising and intending to cheat and defraud the affiant of his goods, money and property, did unlawfully, knowingly, falsely and designedly pretend to affiant that a certain written paper then and there produced by him, the said Roe, and offered to affiant and given to him in payment for a certain horse before then agreed to be sold by the affiant to said Roe, was a good and valid promissory note for the payment of one hundred and fifty

dollars, on the 15th day of August, A. D. 1889, and that the person purporting to be the maker thereof, was in fact the maker thereof and responsible therefor, whereas in truth and in fact, the said note was not a good and valid promissory note for the sum aforesaid, nor for any sum whatever, and the person purporting to be the maker thereof, to-wit, David Moe, was not the maker thereof, but the said note was forged and counterfeit, and all this the said Richard Roe well knew; by means and color of which said false pretenses, he, the said Richard Roe, did then and there unlawfully, knowingly, and designedly obtain from the affiant, one horse of the value of two hundred dollars, the property of the affiant, and with intent to defraud the affiant.

That the affiant is about to commence an action against said Richard Roe, to recover damages for the value of the said property, so as aforesaid obtained under said false pretenses, and desires an order for his arrest in such action.

JOHN DOE.

Subscribed and sworn to before me this 6th day of October, A. D. 1889.

ALVA STEWART,
Circuit Judge.

No. 112. Affidavit for order of arrest where the action is in tort and the defendant a non-resident.

(Commence as in form No. 110).

R. S., sec. 2689.

day of

A. D. 18-, one

That on or about the
Richard Roe (here allege the cause of action as it may be).
That said Roe is not a resident of this state, but resides

in the state of

Or, That the said Roe is about to remove from this state. That this affiant is about to commence an action against said Roe, to recover damages upon the cause of action a stated, and desires an order for the arrest of said Roe, in action. (Jurat.)

at

the

(Signature

No. 113. Affidavit for order of arrest in a case of convers of property.

(Commence as in form No. 110).

That on the

day of

A. D. 18-, one

Richard

at said county, unlawfully and wrongfully took the followin

ve

id

le

5-1

scribed property of this affi int, to-wit (here describe the property), and wrongfully converted the same to his own own use, to the damage of this affiant one thousand dollars, the value of said property; by reason whereof, as the afliant is advised and be lieves, he has a cause of action against said Roe to recover said sum as damages, and that he desires an order of arrest of said Roe, in such action.

(Jurat.)

(Signature.)

No. 114. Affidavit for order of arrest in case of embezzlement by an agent. R. S., sec. 2689.

(Commence as in form No. 119).

That on or about the

day of

A. D. 18-, one

Richard Roe was the agent of this affiant, appointed and employed to conduct and carry on a certain business, to-wit: (Here specify in general terms the business.)

That as such agent, and in the course of his employment as such, said Roe received large amounts of personal property towit: (Here specify nature and amount of property), and also divers large sums of money amounting, as near as defendant is dollars; able to ascertain, to over and above the sum of and that on or about the day aforesaid, and at other times within the past year, the said Ro unlawfully, wrongfully, and in breach of the trust and confidence reposed in him, fraudulently misapplied, embezzled and unlawfully converted to his own use, the said property and money above described, to the damage of this affiant dollars, for the recovery of which the affiant is about to commence an action, and desires an order for the arrest of the said Roe therein. (Jurat.)

(Signature.)

No. 115. Affidavit for order for arrest in replevin, when the property has been concealed or removed or disposed of so that it can not be found by the sheriff. R. S., sec. 2639.

STATE OF WISCONSIN,

In Circuit Court for

County.

John Doe, Plaintiff,

VS.

Richard Roe, Defendant.)

County, ss. John Doe, being first duly sworn on oath, says that he is the plaintiff in the above entitled action.

That he is the owner of, and lawfully entitled to the possession of, the following described property, to-wit: (Here describe same particularly.)

That said property is wrongfully detained from affiant by the said defendant.

That the alleged cause of detention thereof, according to affiant's best knowledge, information and belief, is the false and groundless claim of the defendant that he owns (or, has a lien on the property), which claim the affiant denies and is ready to disprove.

That said property has not been taken for a tax, assessment or fine, pursuant to the statute, nor seized under an execution or attachment against the property of this affiant.

That the actual value of the said property is the sum of dollars.

day of

A. D. 18-, this affiant com

That on the menced this action, and on his affidavit setting forth the facts above stated, which affidavit is now on file herein, and on an undertaking duly made, as required by section 2720 of the revised statutes, and approved by sheriff of said county,

and now on file, reference thereto being hereby had, he required said sheriff to take the said property from said defendant and deliver the same to this affiant.

That he is informed by said sheriff that said defendant has re moved, concealed or disposed of said property so that the same can not be found or taken by the sheriff; and the affiant therefore desires an order for the arrest of said defendant in this action. (Jurat.) (Signature.)

No. 116. Affidavit of sheriff to accompany the above.

County, ss.

that he is the sheriff of said

being first duly sworn, says --county; that he has read the foreday of

going affidavit of John Doe; that on the 18-, upon the requisition of said Doe, and due undertaking given and approved by affiant, he made search for, and attempted to take, the property described in the foregoing affidavit, but that the same could not be found after diligent search and inquiry, and that said defendant, Roe, refused to inform this affiant where the said property was, but told the affiant that he had concealed it to prevent the same being taken in this action. (Signature.)

(Jurat.)