writ of attachment issued in this action, and the sureties to such undertaking having justified; [or the justification of said sureties having been waived by the plaintiff in the action]

IT IS ORDERED that the following described property of the defendant C D, namely: [describe the property] which has been attached under a writ of attachment issued in this action, be and the same is released from such attachment. [Date.]

Judge.

A defendant, on reasonable notice to the plaintiff, may move the court or a judge thereof for a discharge of an attachment on the ground that the writ was improperly or irregularly issued.

If such motion be made on affidavits, but not otherwise, the plaintiff may oppose the same by affidavits, or other evidence, in addition to that on which the writ of attachment was issued.

FORM NO. 113.

ORDER DISCHARGING AN ATTACHMENT,
IRREGULARLY ISSUED.

[Name of Court.]

It appearing to the court [or to the Hon.

IMPROPERLY OR

judge of

said court] that the writ of attachment in this action was improperly [or irregularly, or both] issued,

IT IS ORDERED that said writ of attachment be discharged.

[Date.]

Judge.

INJUNCTION.

The plaintiff in an action has a right to have a preliminary or interlocutory injunction granted by the court or by a judge thereof, upon a showing by the complaint, if verified, or by affidavit of facts which entitle the plaintiff to such injunction. The preliminary injunction can only be granted upon the giving of an undertaking on the part of the plaintiff, with sufficient sureties, unless the plaintiff be the people of the state, a county, a municipal corpora tion, or a married woman in an action against her husband.

FORM NO. 114.

UNDERTAKING FOR A PRELIMINARY INJUNCTION.

[Name of Court.]

The plaintiff having applied for an injunction in this action, and the judge of the court having fixed the sum of dollars as the amount for which this undertaking should be given,

NOW, THEREFORE, in consideration of the premises and of the granting of the injunction, we, A B, the plaintiff, as principal, and and -, as sureties, undertake and promise the defendant C D, and are bound to him in said sum of dollars, to the effect that the plaintiff will pay to the defendant C D, the party enjoined, such damages not exceeding said sum of dollars, as such party may sustain by reason of the injunction, if the court finally decide that the plaintiff was not entitled thereto.

[Date.]

Signatures.

Affidavit thereto of sureties, showing their sufficiency, as in form No. 131, If the defendant, within five days after the service of the injunction, except to the sufficiency of the sureties, they, or others in their place, on not less than two nor more than five days' notice to defendant, must justify before a judge of the court, or county clerk, in the same manner as upon bail on arrest, as in form No. 97 et seq.

The court, or judge, if he deem it proper, may, before, granting an injunction, order notice to be given to a defendant to show cause why the injunction should not be granted, and may in the meantime restrain the defendant; and if this be done, an undertaking may be given, reciting the facts, by reason of which the undertaking is given; and with such recital the foregoing form may, with proper changes, be used.

If an injunction be granted without notice to a defendant, he may on reasonable notice to plaintiff, apply to the judge who granted the injunction, or to the court, to dissolve or modify the same. If the application be made upon affidavits, on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits, or other evidence, in addition to that on which the injunction was granted.

FORM NO. 115.

ORDER DISSOLVING OR MODIFYING INJUNCTION.

[Name of Court.]

Reasonable notice having been given to the plaintiff of a motion to dissolve [or modify] the injunction heretofore granted in this action, and it satisfactorily appearing to the court [or to Hon., judge thereof] that there is not sufficient ground for said injunction,

IT IS ORDERED that said injunction be dissolved [or it satisfactorily appearing that the extent of said injunction is too great, it is ordered that said injunction be modified, stating how it is modified.]

[Date.]

Judge.

RECEIVERS.

The statutes of a state prescribe the cases in which a receiver may be appointed.

If a receiver be appointed upon an ex parte application, the court, or a judge thereof, before making the order may require that an undertaking be given in a sum fixed by the court.

FORM NO. 116.

UNDERTAKING FOR THE APPOINTMENT OF A RECEIVER.

[Name of Court.]

The plaintiff in the action having applied to said court [or to the Hon. judge thereof] for the appointment of a receiver, and said court [or judge] having fixed the sum of dollars for which an undertaking must be given before such appointment would be made;

and

NOW, THEREFORE, in consideration of the premises, and of such appointment, we, the plaintiff, as principal, and as sureties, undertake and promise the defendant C D, and are bound to him in said sum of dollars, to the effect that said applicant will pay to the defendant C D all damages not exceeding said sum of

dollars, which

he may sustain by reason of the appointment of such receiver, and the entry by him upon his duties, in case said plaintiff shall have procured such appointment wrongfully, maliciously, or without sufficient cause.

[Date.]

Signatures.

Affidavit thereto of sureties as in form No. 131. Before entering on the discharge of his duties as receiver, the person appointed as such receiver should subscribe, take and file an oath as receiver.

FORM NO. 117.

RECEIVER'S OATH.

[Name of Court.]

[Venue.]

A B, who has been appointed a receiver in this action, being duly sworn, deposes and says: That he will perform his duties as receiver in the action faithfully.

[Jurat.]

Signature.

The receiver, before he enters upon the discharge of his duties, must file an undertaking with one or more sureties, approved by the court or judge, in such sum as the court or judge may direct.

FORM NO. 118.

UNDERTAKING OF A RÉCEIVER.

[Name of Court.]

A B having been appointed a receiver in this action, and the court [or the Hon. judge of said court] having directed that said A B, before he enters on the discharge of his duties as such receiver, execute with sufficient sureties an undertaking in the sum of - dollars;

and

and

NOW, THEREFORE, in consideration of the premises, we, A B -, as sureties, undertake and promise and are bound in said sum of dollars to to the effect that he, the said A B, will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein.

[Date.]

Signatures.

There should be an affidavit of the sureties as in form No. 131, showing that they are sufficient as sureties.

In some cases the undertaking may be to the state of California, Political Code, section 982.

The court in which an action is pending may order that a party to an action deposit in court or deliver to another party certain property capable of manual delivery.

FORM NO. 119.

ORDER FOR DEPOSIT IN COURT, OR THE DELIVERY TO ANOTHER PARTY, OF MONEY OR PROPERTY.

[Name of Court.]

It appearing to the satisfaction of the court that

has in his possession [or under his control] the sum of dollars [or the following described property, describing it] which is the subject of litigation in this action, and which is held by him as trustee for [or which belongs to, or is due to]

[describe them] subject to the further direction of the court.

[Date.]

Judge.

FORMS OF THE EVIDENCE OF SERVICE OF NOTICES AND OTHER DOCUMENTS, AND OF AFFIDAVITS SHOWING THE SUFFICIENCY OF THE SURETIES TO UNDERTAKINGS AND BONDS.

During the progress of the proceedings in civil remedies it frequently becomes necessary for a party to an action, or to a proceeding, to obtain an order of the court, or of a judge thereof.

The application for such order is a motion, and in many cases written notice of the motion must be given; and when such written notice is required to be given, evidence of the service of such notice should be presented to the court or judge, unless the presentation of such evidence is waived by the adverse party. In many cases copies of papers are to be served with such notic, and when this is the case, the evidence which shows the service of the notice should also show that such copies have been served. If the service be on an attorney, such evidence may be by a written admission of such service, or by an affidavit showing that such service had been made. When the service is not on an attorney, the evidence of the service should be an affidavit.

FORM NO. 120.

ADMISSION BY AN ATTORNEY OF THE SERVICE OF A NOTICE. I admit service of the notice of which the within is a copy day of

this

GH,

Attorney for Plaintiff.

FORM NO. 121.

ADMISSION BY AN ATTORNEY OF RECEIPT OF NOTICE.
I received the notice of which the within is a copy this

day of

GH,

Attorney for Plaintiff.

FORM NO. 122.

ADMISSION BY AN ATTORNEY OF THE SERVICE OF A NOTICE AND OF COPIES OF PAPERS.

I admit service of [or I received] the notice of which the within is a copy, and of a copy thereto attached of the affidavit of A B, [or of other paper, stating what it is] which is attached