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PAGE.
DEMURRER (Continued):

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

438, 676
that court has no jurisdiction,

669
that plaintiff has not legal capacity to sue,

669
that there is another action pending,.

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,

673
same, specifying grounds of objection taken,

674
special demurrer, specifying various grounds of objection to com-
plaint, under different classes,

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,

680
same, to answer containing two separate defences,

681
demurrer to counter-claim, .

682
same, to counter-claim, alleging fact in bar of part of answer
only, ..

683
demurrer to reply,.

683
in what cases general demurrer may be taken and what defects
reached by,

673-674
DENIAL:
that "defendant is ignorant,” &c., defective,

30
information,”
,” insufficient,

40, 42
of legal duty raises no issue, .

43
DIVORCE:
complaint for a limited divorce,..

280
for divorce, because of non-age,

282
for divorce, because of lunacy,

285
for divorce, because of adultery,.

286
how adultery must be alleged in complaint,

287
divorce for adultery and for cruel and inhuman treatment can-
not be joined, ...

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
complaint in, to recover part of public street, joined with cause
of action for damages for same entry,.

626
answer in, qualified general denial,..

583
answer setting up equitable defence,.

604
same defence set up by way of counter-claim,

654
reply to same,...

667
what equital le defences may be pleaded,.

605-606

on

PAGE.
EJECTMENT (Continued):

landlord may come in and plead such defence,...... ...... 604-605
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.,

... 655
EXECUTORS AND ADMINISTRATORS:
profert of letters no longer necessáry,.

21, 375
but complaint must allege appointment of plaintiffas executor, &c., 375
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
parties defendant, in partition suit, when,

247
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., 332
by administrators, on promissory note indorsed to intestate, 374
against executors, for labor performed for testator,

376
answer to same, counter-claim and set-off, ..

638
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,

377 378
FRAUD:

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,.

139
same, by grantor himself,

142
to set aside fraudulent transfer of personal property,.

147
answer, in a similar case,..

622
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
fraudulent representations as to quantity,.

156
answer to same,.

618
complaint to set aside fraudulent assignments,

164, 171
in an action under the Code, on a judgment, defendant may set

up, in defence, that it was obtained by fraud,

622

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, .

868
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

PAGE.
GOODS SOLD, &c. (Continued):
same, items stated and demand assigned,

435
for general balance of an account,.

437
for several different kinds of money demands, accruing in different
rights,

438
GUARANTY:
complaint for breach of,.

448
(See CONTRACT.)
answer, statute of frauds on,.

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,...

481
HYPOTHETICAL EXPRESSION:
may be used, examples of,

... 75, 548, 601
INFANT:
must appear by guardian,....

46
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,

283
by guardian, as “trustee of an express trust,

402
by infant, by guardian, for damages caused by defendant's neg-
ligence,

472
answer of, by guardian, in a partition suit,..

631
INJUNCTIONS:

complaint to restrain commission of waste, and compel tenant to

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

90
to restrain turning course of creek on plaintiff's lands,..

96
same, alleging defendant's inability to respond in damages,. 100
answer to same,

625
complaint to restrain defendant, and compel him to restore
water-course, .

103
to restrain unlawful use of trade marks,..

108
to restrain foreclosure sale, and declare mortgage void,.

114
same, and to remove cloud from title,...

117
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
for injunction on accounting, on removal of trustee,.

183
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,....

845
answer to complaint for, to restrain diverting water-course, 626

..... 87

305
565

Page.
INSURANCE COMPANY:

complaint against, on agreement to effect insurance, praying re-

lief in the alternative, that defendant execute policy or pay loss, 328
by receiver of, on a premium note,.....

381
requisites of complaint in such cases,...

381-383
complaint by trustee under assignment, on policy effected on
assigned property,

398
on policy of marine insurance, performance of conditions prece-
dent, ...

441
answer to same,.

556
complaint on fire insurance, demand assigned,..

450
answer to same,.

complaint on policy of insurance of vessel for inland navigation, 452
INTERPLEADER :
complaint in the nature of a bill of,..

349
when it may be brought,....

349
what allegations necessary, and prayer of,.

351
JOINDER OF ACTIONS:

legal and equitable, trespass with cause of action for an injunc-
tion,

96
two equitable causes of action united,

252
divorce for adultery and for cruel treatment cannot be joined, .. 286
different kinds of money demands, accruing in different rights,
united in same complaint,....

436
what claims may be so joined, and how statement thereof set forth
in complaint,..

438
complaint for verbal slander joined with libel,..

468
several causes of action joined, for damages against railroad cor-
poration as a common carrier,

523
ejectment to recover part of public street, joined with cause of
action for damages for same entry, ....

526
demurrer for improper joinder of causes of action,. 672-675
JOINDER OF DEFENCES:

defendant may set forth as many as he may have, and requisites
of,

... 552
admission in one does not preclude him from relying on another, 567
examples of several defences united in same answer, 551, 559,

566, 574, 600
what defences may be joined in an action of assault and battery,

600-601
in actions of slander and libel,.

607-612
several defences by way of counter-claim,.

645
JOINDER OF PARTIES ( See PARTIES ).
JOINT STOCK ASSOCIATIONS OF MORE THAN SEVEN PERSONS:
complaint by president of, on a demand for land sold,..

392
when and in what cases action may be brought,.

. 392
may be in name of treasurer,.

. 393
against an association, by the name of its president, for rent due, 394
JUDGMENT:
complaint on a judgment by leave of the court,.

439
on justice's judgment rendered more than five years,

438

PAGE.
JUDGMENT (Continued):
complaint must show leave to sue on notice,

437
must follow language of Code, that "judgment was duly given
or made,".

441

JUSTIFICATION AND MITIGATION:

answer, excuse and justification for injury to the person,. 581
( See NEGLIGENT AND WRONGFUL Act, RAILROAD COMPANY, LI-

BEL AND SLANDER.)
justification for taking personal property under collector's war-
rant,

594
justification in action for false imprisonment,

598
same, in assault and battery, denial, justification, &c.,.

600
same, in action of trespass to lands,...

602
in libel and slander, justification and mitigating circumstances,

607-617
( See LIBEL AND SLANDER.)

LABOR AND SERVICES:
complaint for, price agreed on,.

426
same, price not agreed on,

427
for several items of work, materials and money,

480
for a general balance of an account,....

481
counter-claim in action for, that work was done under special
contract, which plaintiff has violated, ..

645

610

LIBEL AND SLANDER:
complaint for verbal slander, ......

462
for a libel,

463
for libel and slander united, against a coroner, ...

468
changes made by the Code in pleading, .

463, 466
special damage, when must be alleged,

464
answer in slander, denial of speaking words, justification and
mitigating circumstances,

607
same, justification and mitigating circumstances,
answer in libel, defence of mitigating circumstances alone,

612
what answer in slander must contain,...

608-609
when justification must specify facts relied on,.....

609
may be general when the slanderous charges are specific, 611
that general character of plaintiff is bad, may be pleaded in miti-

gation, but not reputation that he is guilty of the particular
crime charged,

610
whether matter merely in mitigation may be pleaded alone, with-

out any other defence, in an action of libel or slander, ....... 613
LIMITATION ( See STATUTE OF LIMITATIONS).

MARRIAGE:
complaint for breach of promise of,..

459
what allegation not sufficient in,....

459
MARRIED WOMAN:

complaint to charge separate property of, for payment of her
debts,

291
to obtain satisfaction for husband's debt, out of property of, on
which husband has expended labor, &c.,..

294

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