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CONTRACT (Continued):

complaint for sale of real property and fixtures, value determined
by award,

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PAGE.

446

448

454

459

460

on new promise, debt barred by statute,

complaint, on contract for sale of land, to recover back money
paid under fraudulent or mistaken representations as to quantity
of land,

....

....................

answer to same,.

.... ........

...........

(See VARIOUS TITLES AND SUBJECTS, SUCH AS SPECIFIC PERFOR-
MANCE, INJUNCTIONS, &c.)

CORPORATION (See BANKING CORPORATIONS; INSURANCE COM-
PANY; JOINT STOCK ASSOCIATIONN):

complaint to dissolve company assuming to exercise corporate
powers,

156

618

511

to dissolve incorporated company, praying an accounting, &c., by
a stockholder in behalf of himself and all others,..
by creditor of corporation that has been insolvent more than a
year, to charge the directors individually,.

318

340

against municipal corporation, for damages caused by negligence
in constructing a drain,

475

CREDITOR'S SUIT:

complaint in, to reach interest of judgment debtor alone,
in what cases creditor's suit will lie,.

by receiver, to set aside fraudulent assignment,.

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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,
averment of legal duty immaterial and superfluous,
examples of, in complaint,.. 181, 210, 211, 255, 257, 268, 312, 505
that plaintiff is "the lawful holder and owner" of a note, &c.,
mere conclusion of law, and unnecessary,.
and insufficient to show plaintiff's title to sue,

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complaint on policy of marine insurance, performance of condition
precedent pleaded in,

.......

CONVERSION OF PERSONAL PROPERTY (See TRESPASS TO THE
PERSON AND PROPERTY):

complaints for,

441

441

491, 492

COUNTER-CLAIM:

answer of set-off, by executors, to complaint for work and labor, 638
reply to same,

set-off, improperly pleaded, as counter-claim,..

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PAGE.

COUNTER-CLAIM (Continued):

set-off against assignor is no counter-claim, and requires no reply, 640
answer, by way of counter-claim, rent due from plaintiff,....... 641
reply to same, .

counter-claim, that plaintiff has not performed covenants in his
lease,..

663

.... 642

same, for damages, by reason of goods sold not corresponding
with sample,

644

same, that work done by plaintiff was done under a special con-
tract, which plaintiff has not fulfilled,

645

649

651-653

separate counter-claim, by one of several defendants,
equitable counter-claim, praying reformation of a contract, sought
to be specifically enforced, and offering to perform as cor-
rected,.
by landlord, admitted to defend action brought against his ten-
ant to recover possession, setting up a mistake in the deed of
conveyance, praying that it be reformed, and his title estab-
lished,.

654

equitable counter-claim, in action to recover real estate, setting
up that defendant was lessee of plaintiff's grantor, and, not
being able to read or write, he, by agreement with plaintiff, con-
trary to his intention, gave up the remainder of his lease,
praying to have agreement delivered up to be canceled, &c.,.. 655
replies to,.
661-667

demurrer to,

(See REPLIES.)

682

(See DEMURRER.)

DENIAL, GENERAL AND SPECIFIC:

absolute general denial by one of two defendants, answering
separately,

530

general denial of knowledge or information sufficient to form a
belief.

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facts presumed within defendant's knowledge must be denied
positively,

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,

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denials, positive, and of knowledge or information in an equita-
ble action,

539

denial of allegations inconsistent with complaint,..

543

denials in various forms in same answer, with counter-statements
and explanatory matter,

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-
troduced by defendant under,.

denials, general and specific, in replies to counter-claim,

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PAGE.

DEMURRER (Continued):

will not lie, for not separately stating causes of action that might
otherwise be joined,

that court has no jurisdiction,

...........

that plaintiff has not legal capacity to sue,
that there is another action pending,.

438, 676

669

669

670

for non-joinder of parties plaintiff,

671

......

for misjoinder of defendants, executors united with surviving
joint contractor,.

671

that several causes of action have been improperly joined,. 672-675
that complaint does not state facts sufficient to constitute cause
of action,

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same, specifying grounds of objection taken,
special demurrer, specifying various grounds of objection to com-
plaint, under different classes,

674

675

special demurrer in common law actions, specifying wherein
complaint is insufficient,

677

same, in equity action,.

679

demurrer to one of several defences in answer containing defen-
sive matter only,

.... ....

same, to answer containing two separate defences,
demurrer to counter-claim,

same, to counter-claim, alleging fact in bar of part of answer
only,

680
681

.... .... ....

........ ....

682

683

....

demurrer to reply,.

683

in what cases general demurrer may be taken and what defects
reached by,

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how adultery must be alleged in complaint,
divorce for adultery and for cruel and inhuman treatment can-
not be joined,..

287

286

.....

DOWER:

complaint for, asking a discovery of real estate, and account of
rents and profits,

289

EJECTMENT:

complaint, to recover possession of real estate, with damages for
withholding,..

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,..
answer setting up equitable defence,.

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EJECTMENT (Continued):

PAGE.

604-605

landlord may come in and plead such defence,....
counter-claim, setting up that defendant was lessee of plaintiff's
grantor, and, not being able to read or write, he, by agreement
with the plaintiff, contrary to his intention, gave up the remain-
der of his lease, praying to have agreement delivered up to be
canceled, &c.,

....

EXECUTORS AND ADMINISTRATORS:

profert of letters no longer necessary,

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... 21, 375

but complaint must allege appointment of plaintiff as executor, &c., 875
how such allegation must be made,.

337, 375

complaint by administrator against next of kin, to compel reim-
bursement of moneys distributed on a judgment subsequently
reversed,.....

53

complaint by executor, to carry the trusts of a will into execution,
and asking directions from the court, &c.,..

185

against executors, by devisee, to have trusts carried into execu-
tion,

190

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against executors, by devisees, to have title deeds delivered up, 303
against executor of one who acted in a fiduciary capacity, in sell-
ing lands of plaintiff, praying accounting, receiver, &c.,
by administrators, on promissory note indorsed to intestate,
against executors, for labor performed for testator, .
answer to same, counter-claim and set-off,....
by administrator, against executor, for wrongful act of defen-
dant's testator, in causing death of plaintiff's intestate,...... 377
requisites of complaints in such cases,..

FRAUD:

377-378

complaint to set aside fraudulent judgment in foreclosure suit,.. 136
to set aside deed obtained by fraud and undue influence, by heirs
of deceased grantor,.

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complaint to declare void a fraudulent will, and restrain defen-
dants from asserting claims under it,.

151

prayer in complaint, by devisees in will, to set aside fraudulent
deeds,

..... 154

complaint by vendee of land, to recover back money paid on

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in an action under the Code, on a judgment, defendant may set
up, in defence, that it was obtained by fraud,..

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GOODS SOLD AND DELIVERED, AND BARGAINED AND SOLD:
complaint for goods bargained and sold by assignee,

363

for goods sold and delivered by firm, in which there is a dormant
partner,

368

generally for goods sold, and what such complaint must con-
tain,

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
plaintiff,.

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,

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PAGE.

435

437

438

448

... 566

HUSBAND AND WIFE (See MARRIED WOMAN):

complaint to compel execution of lien on wife's separate estate,.. 298
complaint by, for injury to the person of the wife,......

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mode of appointment of, and how alleged in complaint, 47,

190, 283

complaint by infant, by his guardian, one of several plaintiffs,.. 46
by infant devisee and cestui que trust, by his guardian, to have
trusts carried into execution,.

190

by infant, by his guardian, for divorce,.
by guardian, as "trustee of an express trust,
by infant, by guardian, for damages caused by defendant's neg-
ligence,

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complaint to restrain commission of waste, and compel tenant to
put premises in repair,..

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to restrain excavation of lands, whereby plaintiff's premises are
injured,.

90

to restrain turning course of creek on plaintiff's lands,..
same, alleging defendant's inability to respond in damages,..
answer to same,.

complaint to restrain defendant, and compel him to restore
water-course,.

to restrain unlawful use of trade marks,..

to restrain foreclosure sale, and declare mortgage void,.
same, and to remove cloud from title,..

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same, in case of usurious mortgage, and to deliver up mortgage
to be canceled,...

122

to restrain prosecution of vexatious suits under a void agreement, 129
for injunction order in aid of an action to recover possession of
personal property,.....
132

for injunction in aid of creditor's suit,...... 147, 151, 158, 164, 171
to restrain defendants from asserting claims under a fraudulent
and void will,. . . . . . .

151
183

for injunction on accounting, on removal of trustee,.
for injunction in cases of partnership,.......... 218, 221, 223, 230
for injunction on accounting, to determine amount of lien,..
for injunction on judgment that has been satisfied,......
answer to complaint for, to restrain diverting water-course,..

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