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INSURANCE COMPANY: complaint against, on agreement to effect insurance, praying re- 381 381-383 complaint by trustee under assignment, on policy effected on assigned property, 398 on policy of marine insurance, performance of conditions prece- answer to same,.... 565 complaint on policy of insurance of vessel for inland navigation, 452 legal and equitable, trespass with cause of action for an injunc- 349 349 351 96 two equitable causes of action united, . 252 divorce for adultery and for cruel treatment cannot be joined, .. 286 436 what claims may be so joined, and how statement thereof set forth 438 .... complaint for verbal slander joined with libel,.. 468 several causes of action joined, for damages against railroad cor- ejectment to recover part of public street, joined with cause of 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 ... 552 admission in one does not preclude him from relying on another, 567 566, 574, 600 what defences may be joined in an action of assault and battery, complaint by president of, on a demand for land sold,. 392 may be in name of treasurer,. 393 against an association, by the name of its president, for rent due, 394 JUDGMENT: ... 439 438 complaint on a judgment by leave of the court,. PAGE. JUDGMENT (Continued): complaint must show leave to sue on notice, 437 must follow language of Code, that "judgment was duly given 441 JUSTIFICATION AND MITIGATION: answer, excuse and justification for injury to the person,. 581 justification for taking personal property under collector's war- rant, justification in action for false imprisonment, same, in assault and battery, denial, justification, &c.,. 607-617 in libel and slander, justification and mitigating circumstances, (See LIBEL AND Slander.) LABOR AND SERVICES: complaint for, price agreed on,. same, price not agreed on, for several items of work, materials and money, for a general balance of an account,.. ..... counter-claim in action for, that work was done under special contract, which plaintiff has violated,.... 426 427 430 431 645 answer in slander, denial of speaking words, justification and mitigating circumstances, 607 same, justification and mitigating circumstances, when justification must specify facts relied on,. 609 611 610 whether matter merely in mitigation may be pleaded alone, with- complaint to charge separate property of, for payment of her 291 to obtain satisfaction for husband's debt, out of property of, on MARRIED WOMAN (Continued): may sue or be sued without next friend,.... PAGE. 291 to charge separate estate of, the complaint must show that the MISTAKE: complaint by heirs of grantor, to have deed reformed, and a mis- complaint to reform written contract for lease, in case of mistake, 481 46 50 156 answer to same,..... 618 complaint to recover back money paid by mistake by guardian of 402 defensive answer, setting up mistake in contract sought to be spe- 651 answer by way of counter-claim, praying that contract be re- 653 reply to same, 664 counter-claim by landlord, admitted to defend his tenant in an 667 MONEY LENT, PAID AND RECEIVED TO PLAINTIFF'S USE: complaint for money lent, .... 428 same, for money had and received to plaintiff's use, complaint to restrain sale under, and declare mortgage void,.... 114 to set aside fraudulent judgment on, and for redemption of pre- 136 for foreclosure of mortgage against mortgagor and subsequent for foreclosure of two mortgages on same premises, praying con- 249 .... 252 for foreclosure, alleging a prior mortgage held by two defendants 258 264 270 by junior judgment creditor, not made a party to a bill of fore- 272 NEGLIGENCE AND WRONGFUL ACT: PAGE. complaint for causing death of plaintiff's testator or intestate by requisites of complaints in such cases, ..... ... 377, 501 complaint for negligence in keeping an insecure privy, whereby 472 475 same, for allowing ditch to remain open,. 577 notice to defendant of neglect must be shown,. 420 complaint for injury to plaintiff's person by negligence of defen- 478 answer to same, 581 complaint for injury to wife by negligence and mismanagement of 481 for damages caused by negligence and want of skill of physician, 485 (See RAILROAD COMPANY.) gence, PARTIES: complaint where parties, who should have been plaintiffs, refuse in action to set aside assignment, who should be parties, in action to establish and carry out assignment,.. where question is one of a common or general interest, to action for construction of will, executors, when proper parties in partition suit,. complaints by one or more persons, on behalf of themselves and rule as to parties, when numerous, or the question is one of a dormant partner must be joined as plaintiff, answer where defendants are numerous, one or more for the rest, 630 complaint for partition of lands devised by will, and construction 208 for partition by one tenant in common against his co-tenant, 233 ... 235 same, by two plaintiffs claiming under will, &c., against heirs and who are proper parties in a partition suit,. what claims and rights may be set up in complaint, answer of infants in, by their guardian,.. PAGE. PARTNERS AND PARTNERSHIP: complaint for dissolution of partnership by one of three partners, 218 for account of partnership dealing, after dissolution praying in- 221 same, and for receiver, by administratrix of deceased partner, 223 to dissolve a copartnership or joint ownership in a freighting complaint by one firm against another on a draft, by firm in which there is a dormant partner, for goods sold, PAYMENT: made to plaintiff, not necessary to be set forth in complaint,. defence of, must be pleaded,. reply of, to counter-claim,. PENALTY complaint on statute penalty,.. 443 statute forms in action for, not abrogated by Code,. 444 PEOPLE: complaint by Attorney-General, in name of, against a company 311 by people, against a person unlawfully exercising duties of public 315 by people, as "trustee of express trust, on an administration complaint to have pledged goods re-delivered,... 300 for sale of goods pledged, or on which plaintiff has a lien, pray- 302 PUBLIC OFFICE AND OFFICER: complaint against person unlawfully exercising duties of,....... 315 395 395-396 RAILROAD COMPANY: complaint against, to remove track in city,.... 26 prayer for injunction to restrain laying track in city,... 135 .... for specific performance of covenants in a deed to construct cross- 78 to compel performance of legal obligation to construct bridge, 81 for damages against, for injury to highway,.. 395 for injunction to prevent injury to highway,.. 398 for damages against, by husband and wife, for injury to the wife's person, .... 481 for wrongfully ejecting a passenger from its cars,.. for damages occasioned by its neglect to erect and maintain suit- 497 498 |