Book of Pleadings Adapted to the Code of Civil Procedure of the State of California; With Full References to the Civil and Political Codes

 
9781130038125: Book of Pleadings Adapted to the Code of Civil Procedure of the State of California; With Full References to the Civil and Political Codes

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 Excerpt: ...subd. I, Political Code, and it need not be alleged to be a corporation. 3 Sees. 4114 to 4165 Pol. Code. FOR BREACHES OF OBLIGATIONS AND CONTRACTS. IV. That on the.... day of, 18...., the defendant, John Doe, took the oath and assumed the duties of his office as such treasurer. V. That on the.... day of, 18...., said treasurer accounted with the plaintiff concerning the moneys collected in said county which came to his hands as said treasurer, to be used for defraying the expenses and charges of said county government, and at such accounting said treasurer was found to be indebted to the plaintiff in the sum of.... dollars.1 VI. That on the day of, 18...., the plaintiff demanded from said treasurer the said sum of dollars, but he has not paid it, nor any part thereof. If part has been paid, state it. Demand for judgment.2 Verification in the usual form by the President of the Board of Supervisors, or the attorney for the plaintiff. 1 "Settlements," sec. 4154 Id. 2 Bond of, sees. 947-986 Pol. Code. Liabilities and duties, 4144 to 4165 Id. This form modified will serve for a complaint against any officer and for every breach of obligation. If the demand exceeds the liabilities of any bondsman, sees. 956 to 970 Political Code, the prayer for judgment and the judgment must respond to the requirements of People vs. Love, 25 Cal. 522. The plaintiffs to whom an officer becomes liable for breach of obligation and of official duty are numerous. Every breach must be specifically, but at the same time concisely set forth. A bond for a deputy or clerk given to his principal for the faithful performance of duty, may be recovered upon under a like complaint. In every instance the duty to be performed and a breach must be alleged. COMPLAINTS. No. 152. On underta...

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