describing it] of the following described premises: [describe the same.]

II.

That defendant is in possession of the same and unlawfully withholds the possession thereof from plaintiff, to his damage, dollars.

WHEREFORE plaintiff demands judgment against defendant for the possession of said premises; and for

dollars, plaintiff's damages by the withholding of the same; and plaintiff's costs of suit.

FORM NO. 72.

GH,

Attorney for Plaintiff.

EJECTMENT, AND FOR USE AND OCCUPATION.

[Name of Court.]

Plaintiff complains and alleges:

That on the

I.

day of

plaintiff was, and ever since has been, the owner and seized in fee [or of other estate describing it] of the following described premises: [describe the same] and was on said day in the possession thereof; and on said day, and while the plaintiff was so the owner and in possession of said real estate, the defendant entered into said premises, and ousted plaintiff therefrom; and the defendant has ever since unlawfully withheld from plaintiff the possession thereof, to plaintiff's damage, dollars;

That the value of the use and occupation of said premises, . since said day of, and while plaintiff has been excluded therefrom by defendant, is, and will hereafter be

per month.

-

dollars

WHEREFORE plaintiff demands judgment against defendant dollars, plaint

for the possession of said premises; for

iff's damage by the withholding of the same; and for the

BUDD-30

COMPLAINT BY REPRESENTATIVES OF A DECEDENT FOR DAMAGES FOR NEGLIGENT ACTS CAUSING HIS DEATH.

[Name of Court.]

Plaintiff complains and alleges:

I.

That the defendant was at the times hereinafter mentioned, and is, a corporation, created by and under the laws of this state, and was and is a common carrier of persons and property, for hire, between the places hereinafter mentioned, and was the owner, [or in possession of] the cars, train of cars, and railroad tracks hereinafter mentioned;

to

That the defendant and its servants and employees so negligently and unskillfully conducted itself and themselves in the management of said train of cars, and in not keeping the track of said railroad in a proper condition [or state other acts of defendant that caused the injury complained of] that said train, while proceeding from was thrown from the track, and the car in which said A B then was, was thrown down an embankment [or state otherwise how said passenger was injured] and the said A B was thereby so injured that it caused his death, to the damage of his heirs and personal representatives, dollars, which are wholly unpaid;

IV.

That thereafter, and on the

day of

by the order

county, duly given

of the Superior Court of California, in and made, the plaintiff, was appointed administrator of the estate of said decedent, and letters of administration on his estate were granted to plaintiff; and plaintiff qualified as such administrator, and thereupon such letters of administration were issued to plaintiff on the day of, and plaintiff has been

ever since such administrator.

for

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

G H,

Attorney for Plaintiff.

This action is given by statute, Code of Civil Procedure, section 377.

That the plaintiff is, and for a long time prior to the committing of the grievances hereinafter mentioned, had been, the manufacturer and vendor of an article known as

he has for

which

years last past offered for sale and sold in packages labelled with his own proper device and trade mark adopted by plaintiff for that purpose in the year, of which label, and the trade mark thereon the following is a copy: [Insert copy.]

II.

That by reason of the long experience and great care of plaintiff in his said business and in the preparation of said article, and the good quality of the same, said article became widely known in the community as a valuable and useful article, and acquired a high reputation as such, and has commanded an extensive sale at and elsewhere, which has been a

source of great profit to plaintiff ;

III.

That the defendant knew of plaintiff's right to said trade

mark, and while he had such knowledge the defendant in the year and ever since thereafter, caused to be put up in similar packages and labelled with a similar label, of which label the following is a copy: [insert copy] an inferior and similar article, and has offered for sale, and sold such similar and inferior article so labelled with such similar label; and such imitation article so labelled and offered for sale, and sold by defendant, is calculated to deceive the purchasers and consumers of plaintiff's said article, and actually has and does mislead many of them to buy the said article sold by defendant; and thereby the general esteem and reputation of said article prepared and sold by plaintiff has been injured; all of which acts of defendant have been to the great diminution of said business and profits of plaintiff; and by reason thereof plaintiff has been greatly injured, to his damage, dollars.

WHEREFORE plaintiff demands judgment against defendant that he and his agents and servants be forever enjoined and restrained from preparing and from selling said imitation article, labelled with such imitation labels of plaintiff's said label; and that defendant account for and pay over to plaintiff all profits realized by defendant upon sales of said imitation article in packages labelled with such imitation labels; and for dollars, damages; and for such other relief as the equity of the case may warrant; and for plaintiff's costs of this action.

G H.

Attorney for Plaintiff.

FORM NO. 75.

COMPLAINT THAT PARTIES INTERPLEAD.

[Name of Court.]

A B, plaintiff, v. C D and E F and I J, defendants.

Plaintiff complains and alleges:

That on the day of

I.

the defendant C D deposited

dollars:

with plaintiff for safe keeping the goods and chattels following namely: [describe them] of the value of

II.

That thereafter, the defendant E F claimed the same under an alleged assignment and transfer thereof to him made by the said C D; and the defendant I J claimed the same under an order made by said C D that they be delivered to him, said I J;

III.

That plaintiff is ignorant of the respective rights of said EF and I J and he has no claim upon or against said goods and chattels, and is ready and willing to deliver them to such person as the court shall direct; and this action is not brought by collusion with either or any of the defendants.

WHEREFORE the plaintiff demands judgment, that defendants be restrained from taking proceedings against plaintiff in relation to said goods and chattels, or any part thereof; that they be required to interplead together concerning their claims to said property; that some person be authorized to receive such property, pending litigation; and that on the delivery thereof by plaintiff to such person plaintiff be discharged from all liability to either and all of the defendants, in relation thereto; and that plaintiff's costs of suit be paid out of said property.

G H, Attorney for Plaintiff.

Should an action have been brought against a defendant by a claimant of property, and another person claims the same property, an interpleader may be ordered by the court upon notice to said claimants, and upon an affidavit of the original defendant, showing that such order of interpleader should be made. Code of Civil Procedure, section. 386.

FORM NO. 76.

AGAINST A JUDGMENT DEBTOR AND THE PERSON TO WHOM

HE HAS FRAUDULENTLY CONVEYED PROPERTY.

[Name of Court.]

A B, plaintiff, v. C D and E F, defendants.

Plaintiff complains and alleges:

I.

That on the day of

plaintiff recovered judgment

duly given and made in and by the Superior Court of the state