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,................
requisites of complaint in such cases,.

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-
tion,

349

349

351

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,

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,

complaint by president of, on a demand for land sold,.
when and in what cases action may be brought,.

392
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,.
on justice's judgment rendered more than five years,

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,.
(See NEGLIGENT AND WRONGFUL ACT, RAILROAD COMPANY, Li-
BEL AND SLANDER.)

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

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,
answer in libel, defence of mitigating circumstances alone,
what answer in slander must contain,..

when justification must specify facts relied on,.
may be general when the slanderous charges are specific,
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,...

609

611

610

whether matter merely in mitigation may be pleaded alone, with-
out any other defence, in an action of libel or slander,....

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.,..

MARRIED WOMAN (Continued):

may sue or be sued without next friend,....

PAGE.

291

to charge separate estate of, the complaint must show that the
note was given for her benefit or the use of her separate estate, 292
complaint, to compel husband and wife to execute a lien on wife's
separate estate, to secure money loaned to purchase it,....... 298
by husband and wife, for injury to wife by negligence and mis-
management of railroad company,..

MISTAKE:

complaint by heirs of grantor, to have deed reformed, and a mis-
take in description of premises corrected, .....

complaint to reform written contract for lease, in case of mistake,
complaint to recover back money paid under mistake as to quan-
tity of land sold,................

481

46

50

156

answer to same,.....

618

complaint to recover back money paid by mistake by guardian of
ward,..

402

defensive answer, setting up mistake in contract sought to be spe-
cifically performed,...

651

answer by way of counter-claim, praying that contract be re-
formed, and offering to perform as corrected,.......

653

reply to same,

664

counter-claim by landlord, admitted to defend his tenant in an
action brought to recover possession, setting up mistake in con-
veyance, praying that it be reformed and his title established,. 654
reply to same,..

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
same, and to establish title, and remove cloud from title,.
same, in case of usurious mortgage,.

to set aside fraudulent judgment on, and for redemption of pre-
mises,

136

for foreclosure of mortgage against mortgagor and subsequent
incumbrancers,

for foreclosure of two mortgages on same premises, praying con-
ditionally a judgment against assignor of first mortgage on his
covenant that a specified amount was due,......

249

.... 252

for foreclosure, alleging a prior mortgage held by two defendants
to be fraudulent and void, and setting up a covenant by another
defendant that the lien of another prior mortgage and judg-
ment should be subsequent to lien of plaintiff's mortgage,...
to compel assignment to plaintiff for foreclosure of a bond and
mortgage, to which he was equitably entitled, or to compel
mortgagor to pay the amount due and cancel mortgage,.
by heir-at-law, for redemption of mortg premises,.

258

264

270

by junior judgment creditor, not made a party to a bill of fore-
closure, to redeem premises sold under decree,

272

NEGLIGENCE AND WRONGFUL ACT:

PAGE.

complaint for causing death of plaintiff's testator or intestate by
wrongful act,

requisites of complaints in such cases,

.....

...

377, 501
378-379

complaint for negligence in keeping an insecure privy, whereby
a servant of defendant, falling in, was injured,.
against municipal corporation for negligence in constructing a
drain in public street,..

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-
dant,

478

answer to same,

581

complaint for injury to wife by negligence and mismanagement of
railroad company,.

481

for damages caused by negligence and want of skill of physician, 485
against railroad company for damages occasioned by negli-

(See RAILROAD COMPANY.)

gence,
..... 503-514
answer by municipal corporation, that the negligence charged was
that of defendant's contractor, exercising an independent em-
ployment; also that injury was caused by plaintiff's negligence, 577

PARTIES:

complaint where parties, who should have been plaintiffs, refuse
to join and are made defendants,..

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
all others similarly situated,.

rule as to parties, when numerous, or the question is one of a
common or general interest, .

dormant partner must be joined as plaintiff,
complaint by one or more of numerous subscribers to a common
fund deposited in bank, which the bank refuses to pay,...... 408
cases in which actions of this kind may be brought,
complaint in similar case by several heirs, on a covenant of war-
ranty,
411
in what cases one or more defendants may defend for the rest,.. 414
rule as to parties severally liable on same instrument,...... 417-420
contractor and guarantor sued jointly,...
422

answer where defendants are numerous, one or more for the rest, 630
PARTITION:

complaint for partition of lands devised by will, and construction
of will, ....

208

for partition by one tenant in common against his co-tenant, 233
same, by one claiming under sheriff's deed, against widow and
heirs of deceased owner,. . . . . .

... 235

same, by two plaintiffs claiming under will, &c., against heirs and
owners unknown, and asking to have their shares set-off in
common,.

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,
praying for an accounting, injunction, &c.,

218

for account of partnership dealing, after dissolution praying in-
junction, &c.,

221

same, and for receiver, by administratrix of deceased partner,
against survivor,..

223

to dissolve a copartnership or joint ownership in a freighting
vessel, praying accounting and sale of joint property, receiver,
&c....

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,.
answer of,.

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
assuming to exercise corporate powers,.

311

by people, against a person unlawfully exercising duties of public
office,...

315

by people, as "trustee of express trust, on an administration
bond,.

complaint to have pledged goods re-delivered,...

300

for sale of goods pledged, or on which plaintiff has a lien, pray-
ing an accounting,..

302

PUBLIC OFFICE AND OFFICER:

complaint against person unlawfully exercising duties of,....... 315
by commissioners of highways for damages to highway,.
in what cases may sue and how described in complaint,
prayer in complaint by commissioners of highway, for injunction
against railroad company to restrain it from digging in highway, 398

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-
ings, &c.,

78

to compel performance of legal obligation to construct bridge,
crossings, &c., arising from statute,.....

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-
able fences and cattle-guards,.

497

498