CONTRACT (Continued): complaint for sale of real property and fixtures, value determined PAGE. 446 448 454 459 460 on new promise, debt barred by statute, complaint, on contract for sale of land, to recover back money .... .................... answer to same,. .... ........ ........... (See VARIOUS TITLES AND SUBJECTS, SUCH AS SPECIFIC PERFOR- CORPORATION (See BANKING CORPORATIONS; INSURANCE COM- complaint to dissolve company assuming to exercise corporate 156 618 511 to dissolve incorporated company, praying an accounting, &c., by 318 340 against municipal corporation, for damages caused by negligence 475 CREDITOR'S SUIT: complaint in, to reach interest of judgment debtor alone, by receiver, to set aside fraudulent assignment,. when should all be parties in suit to set aside assignment, ...... 175 CONCLUSION OF LAW: 42 44, 473 reference of, in pleading to the court, superfluous, complaint on policy of marine insurance, performance of condition ....... CONVERSION OF PERSONAL PROPERTY (See TRESPASS TO THE complaints for, 441 441 491, 492 COUNTER-CLAIM: answer of set-off, by executors, to complaint for work and labor, 638 set-off, improperly pleaded, as counter-claim,.. PAGE. COUNTER-CLAIM (Continued): set-off against assignor is no counter-claim, and requires no reply, 640 counter-claim, that plaintiff has not performed covenants in his 663 .... 642 same, for damages, by reason of goods sold not corresponding 644 same, that work done by plaintiff was done under a special con- 645 649 651-653 separate counter-claim, by one of several defendants, 654 equitable counter-claim, in action to recover real estate, setting demurrer to, (See REPLIES.) 682 (See DEMURRER.) DENIAL, GENERAL AND SPECIFIC: absolute general denial by one of two defendants, answering 530 general denial of knowledge or information sufficient to form a facts presumed within defendant's knowledge must be denied 530 what sufficient form of, 531, 532 qualified general denial,. 532 another form of, in action to recover real property, 533 same, where several facts are admitted, 534 .... separate denials of two causes of action in same complaint, denials, positive, and of knowledge or information in an equita- 539 denial of allegations inconsistent with complaint,.. 543 denials in various forms in same answer, with counter-statements 544 specific denial, with affirmative defence,.. 546 general denial, with statute of limitations, payment, &c., 550 (See VARIOUS SUBJECTS AND TITLES.) merely puts plaintiff upon his proof, and no evidence can be in- denials, general and specific, in replies to counter-claim, PAGE. DEMURRER (Continued): will not lie, for not separately stating causes of action that might that court has no jurisdiction, ........... that plaintiff has not legal capacity to sue, 438, 676 669 669 670 for non-joinder of parties plaintiff, 671 ...... for misjoinder of defendants, executors united with surviving 671 that several causes of action have been improperly joined,. 672-675 same, specifying grounds of objection taken, 674 675 special demurrer in common law actions, specifying wherein 677 same, in equity action,. 679 demurrer to one of several defences in answer containing defen- .... .... same, to answer containing two separate defences, same, to counter-claim, alleging fact in bar of part of answer 680 .... .... .... ........ .... 682 683 .... demurrer to reply,. 683 in what cases general demurrer may be taken and what defects how adultery must be alleged in complaint, 287 286 ..... DOWER: complaint for, asking a discovery of real estate, and account of 289 EJECTMENT: complaint, to recover possession of real estate, with damages for 495 what must contain and how framed,.. 495-496 of action for damages for same entry,. complaint in, to recover part of public street, joined with cause answer in, qualified general denial,.. EJECTMENT (Continued): PAGE. 604-605 landlord may come in and plead such defence,.... .... EXECUTORS AND ADMINISTRATORS: profert of letters no longer necessary, ... 21, 375 but complaint must allege appointment of plaintiff as executor, &c., 875 337, 375 complaint by administrator against next of kin, to compel reim- 53 complaint by executor, to carry the trusts of a will into execution, 185 against executors, by devisee, to have trusts carried into execu- 190 against executors, by devisees, to have title deeds delivered up, 303 FRAUD: 377-378 complaint to set aside fraudulent judgment in foreclosure suit,.. 136 complaint to declare void a fraudulent will, and restrain defen- 151 prayer in complaint, by devisees in will, to set aside fraudulent ..... 154 complaint by vendee of land, to recover back money paid on in an action under the Code, on a judgment, defendant may set GOODS SOLD AND DELIVERED, AND BARGAINED AND SOLD: 363 for goods sold and delivered by firm, in which there is a dormant 368 generally for goods sold, and what such complaint must con- 423-424 same for goods sold, price fixed, 425 for several items of materials, work, &c.,... 430 for a bill of goods, items not set forth, and demand assigned to 434 GOODS SOLD, &c. (Continued): same, items stated and demand assigned, for general balance of an account,. for several different kinds of money demands, accruing in different rights, PAGE. 435 437 438 448 ... 566 HUSBAND AND WIFE (See MARRIED WOMAN): complaint to compel execution of lien on wife's separate estate,.. 298 mode of appointment of, and how alleged in complaint, 47, 190, 283 complaint by infant, by his guardian, one of several plaintiffs,.. 46 190 by infant, by his guardian, for divorce,. complaint to restrain commission of waste, and compel tenant to to restrain excavation of lands, whereby plaintiff's premises are 90 to restrain turning course of creek on plaintiff's lands,.. complaint to restrain defendant, and compel him to restore to restrain unlawful use of trade marks,.. to restrain foreclosure sale, and declare mortgage void,. same, in case of usurious mortgage, and to deliver up mortgage 122 to restrain prosecution of vexatious suits under a void agreement, 129 for injunction in aid of creditor's suit,...... 147, 151, 158, 164, 171 151 for injunction on accounting, on removal of trustee,. |