FORM NO. 7.

COMPLAINT AGAINST AN EXECUTOR OR ADMINISTRATOR.

[Name of Court.]

A B, plaintiff, v. C D, as the executor of the will [or as the administrator of the estate] of E F, deceased, defendant. Plaintiff complains and alleges:

promissory note in writing, of which the following is a copy: [Insert copy of note.]

II.

That M N, for a valuable consideration, sold, endorsed and transferred said promissory note on the

day of to plaintiff, and plaintiff has been ever since the owner and holder thereof, and the same is due and wholly unpaid;

day of

III.

day of

That said E F died on or about the and the Superior Court of the state of California in the county of by its order and decree which were duly given and made on the granted to said C D letters testamentary [or of administration] on the estate of said E F, deceased; and said C D qualified as such executor [or administrator,] and such letters were issued to him; and he has been ever since such executor [or administrator,] and said C D as such executor [or such administrator] on the - day of, published in the -, a newspaper printed and published in said county of

a notice to the creditors of said deceased E F, requiring all persons having claims against said deceased within four [or ten] months after the first publication of said notice, to exhibit them, with the necessary vouchers, to said C D, said executor [or administrator] at the place of his residence [or business] which was specified in said notice;

day of

That plaintiff did on the and within four [or ten] months after the first publication of said notice, present his claim on said note and the endorsements thereon to the defendant for allowance; and the claim so presented contained a copy of said note and said endorsement thereon; and said claim

so presented was supported by the affidavit of plaintiff that the sum of dollars, the principal of said note, and the interest

thereon at the rate of per cent. per annum from the day of were justly due, and that no payment had been made thereon which was not credited, and that there was no offset to the same to the knowledge of this plaintiff, said affiant; and said promissory note and said endorsement thereon were presented with said claim, and thereafter said executor [or administrator] rejected said claim, and the same is wholly unpaid, and three months have not elapsed since such rejection.

WHEREFORE plaintiff demands judgment against said defendant for the sum of dollars [the principal of said note] with interest thereon at the rate of per cent. per annum from the day of, and plaintiff's costs of suit; all to be paid in the due course of administration of the estate of E F, deceased.

FORM NO. 8.

G H,

Attorney for Plaintiff.

COMPLAINT BY A RECEIVER.

[Name of Court.]

A B, as the receiver of [state name of corporation,] a corporation, plaintiff, v. C D, defendant.

A B as receiver, complains and alleges:

I.

has been, ever since the

day of

and

That the is a railroad corporation organized and doing business under the laws of the state of California, and having its principal place of

business in the city of

That between the

said corporation rendered services for the defendant at defendant's request in carrying goods and merchandise from

to

;

III.

That such services were reasonably worth and the defendant promised to pay said sum of for such services to said corporation on the

IV.

dollars, dollars

day of

That defendant has never paid for such services and has not paid for any part thereof, and said sum of

dollars which

defendant promised to pay therefor is due and wholly unpaid;

That on the day of

V.

the Superior Court of the state by its order duly given

of California, in the county of and made, appointed said A B receiver of the property and assets of said corporation, and authorized and empowered him as such receiver, by suit or otherwise, to collect and receive all sums of money due or to become due to said corporation; and that thereafter, and on the day of, said A B qualified as such receiver, and has been ever since such receiver;

VI.

That thereafter, and on the receiver, demanded of the defendant said sum of

day of, plaintiff, as such.

dollars

for said services, but the defendant refused and still refuses to pay the same or any part thereof.

WHEREFORE plaintiff demands judgment against defendant for said sum of dollars, and plaintiff's costs of suit.

GH,

Attorney for Plaintiff.

FORM NO. 9.

COMPLAINT AGAINST A RECEIVER.

[Name of Court.]

A B, plaintiff, v. C D, as receiver, defendant.

Plaintiff complains of the defendant and alleges:

has been, the owner of a sorrel horse branded on the right hip

with the letter A, then, and ever since of the value of dollars;

II.

day of

That on the said horse came into the possession of E F and G H, who then were partners in business under the firm name of E F and Company, who unlawfully withheld the possession thereof from this plaintiff until the defendant C D took possession of said horse, and unlawfully withheld the possession thereof from plaintiff as hereinafter shown;

III.

That in an action which was pending in the Superior Court of the state of California, in the county of between said E F as plaintiff, and said G H as defendant, for a dissolution of the partnership between them, for an accounting, and for the appointment of a receiver of their partnership property and effects, the defendant C D was, by the order of said Superior Court in the county of —, duly given and made on the day of, appointed receiver of the partnership property and effects of said firm of E F and Company, and the defendant C D afterwards, and on the day of, qualified as such receiver, and as said receiver took possession of such partnership property and effects, and claiming to act as such receiver he took possession of said sorrel horse, the property of the plaintiff, which was then unlawfully withheld from plaintiff by said E F and G H, partners as aforesaid;

IV.

day of

That thereafter, and on the while said sorrel horse was so in possession of said C D, who claimed to hold the same as such receiver, this plaintiff demanded possession of the same from the defendant, but the defendant refused to deliver the possession thereof to plaintiff, and has ever since withheld the possession thereof from plaintiff, to plaintiff's damage, dollars;

V.

That on the

day of

said Superior Court of the state of California in said county of, by its order duly given and made, granted to this plaintiff leave to bring this action against said C D, receiver as aforesaid, for the possession of said horse, or its value, and for damages.

WHEREFORE plaintiff demands judgment against defendant for the possession of said horse, or the sum of dollars, its value, in case a delivery of possession cannot be had, and for dollars damages and plaintiff's costs of suit.

I J,

Attorney for Plaintiff.

A receiver cannot be sued except by leave of the court appointing such receiver, and if an action be commenced against such receiver without first obtaining such consent, the person commencing the action may be adjudged to be guilty of contempt of court.

High on Receivers, 2nd, Ed., Sec. 254.

FORM NO. 10.

COMPLAINT BY A MINOR, AN INSANE OR INCOMPETENT PERSON SUING BY HIS GUARDIAN AD LITEM.

[Name of Court.]

A B, a minor [or an insane, or incompetent person,] by E F, his guardian ad litem, plaintiff, v. C D, defendant.

A, B, who is a minor [or an insane, or an incompetent person] by E F, his guardian ad litem in this action, complains and alleges:

I.

That A B is a minor [or is an incompetent person, or is insane,] and by the order of this court duly given and made on the day of said E F was appointed guardian ad litem of said A B to commence and prosecute this action, and said E F has accepted such appointment;

That on the day of

'II

the plaintiff was the owner and in possession of a certain sorrel horse of the value of dollars; and while he was so the owner and in the possession of said horse, the defendant took said horse from the possession of the plaintiff and converted it to his, the defendant's own use;

III.

The plaintiff has sustained damages by reason of the conversion of said property in the sum of dollars, the value

of said horse, and has sustained damages in the further sum of