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Page.
MARRIED WOMAN (Continued):
may sue or be sued without next friend......

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,..

481
MISTAKE:

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

46
complaint to reform written contract for lease, in case of mistake, 50
complaint to recover back money paid under mistake as to quan-
tity of land sold,..

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,

429
same, for money paid for defendant's use,

429
what complaints in such cases should contain,

428, 430
complaint for money, work and materials,.

430
for a general balance of an account, .

431
counter-claim for money lent, &c.,....

649
MORTGAGE:

complaint to restrain sale under, and declare mortgage void,.... 114
same, and to establish title, and remove cloud from title,. 117
same, in case of usurious mortgage,.

122
to set aside fraudulent judgment on, and for redemption of pre-
mises, ...

136
for foreclosure of mortgage against mortgagor and subsequent
incumbrancers,

249
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,.....

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,.. 258
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, ...... 264
by heir-at-law, for redemption of mortg premises,...

270
by junior judgment creditor, not made a party to a bill of fore-
closure, to redeem premises sold under decree,

272

....

Page.
NEGLIGENCE AND WRONGFUL ACT:

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

377, 501
requisites of complaints in such cases,

378-379
complaint for negligence in keeping an insecure privy, whereby
a servant of defendant, falling in, was injured, .

472
against municipal corporation for negligence in constructing a
drain in public street,

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-
gence,

503–514
(See RAILROAD COMPANY.)
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,....

129
in action to set aside assignment, who should be parties,

171
in action to establish and carry out assignment,

175
where question is one of a common or general interest,

175
to action for construction of will, ...

198
executors, when proper parties in partition suit,.

247
complaints by one or more persons, on behalf of themselves and
all others similarly situated,.

175, 318, 335
rule as to parties, when numerous, or the question is one of a
common or general interest,.

318, 336
dormant partner must be joined as plaintiff,

368
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, 408-409
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,.........

241
answer to same,.

630
who are proper parties in a partition suit,.

233, 238
what claims and rights may be set up in complaint,

288-239
answer of infants in, by their guardian,...

631

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.,..

230
complaint by one firm against another on a draft,

362
by firm in which there is a dormant partner, for goods sold, 368
PAYMENT:

made to plaintiff, not necessary to be set forth in complaint,. 393
answer of,..

550
defence of, must be pleaded,.

551
reply of, to counter-claim,.

664
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,..

405
PLEDGE:

complaint to have pledged goods re-delivered,...
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,.
by commissioners of highways for damages to highway,

395
in what cases may sue and how described in complaint, . 395-396
prayer in complaint by commissioners of highway, for injunction

against railroad company to restrain it from digging in highway, 398

300

........ 315

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,

898
for damages against, by husband and wife, for injury to the wife's
person,

481
for damages occasioned by its neglect to erect and maintain suit-
able fences and cattle-guards,...

497
for wrongfully ejecting a passenger from its cars,.

498

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PAGE.
RAILROAD COMPANY (Continued):
answer to same,..

585
complaint for negligently causing the death of the plaintiff's in-
testate,....

501
for negligently injuring the person of one lawfully traveling on
the highway,.....

503
answer to same,.

532
complaint for negligently injuring the person of a passenger,.... 504
answer to same, denial and injury caused by plaintiff's negligence, 586
complaint against, for negligence, alleging incompetency of engi-
neer, to the knowledge of the company,,

506
for injury to servant in its employ, caused by the negligence of
another servant,

509
how far company is liable in such cases,.

509-510
complaint for negligence of company's agents, in charge of a
ferry boat running into canal boat,.

512
for carelessly running into an omnibus on a public street, 514
for damages caused by raising an embankment in front of plain-

tiff's premises, between high and low water mark,...... 516
for damages by reason of failure to carry live stock with reason-
able diligence,..

519
for similar damages, uniting several causes of action, ..

523
for ejectment to recover part of public street, and for consequen-
tial damages, ...

526
answer, by company, qualified general denial,.

532
answer, justifying entry on lands, under statutory proceedings, to
cquire title,...

587
same, justifying entering on public street under authority of

common council and corporate powers, of company,..
RECEIVER, COMMITTEE, GUARDIAN:

complaint by, must show appointment of,. ...... 383, 389, 391, 404
complaint praying appointment of receiver,. 132, 147, 158, 183
complaint by receiver, to set aside assignment as fraudulent,.... 164
complaint must show appointment of receiver, &c., .....

165
complaint praying receiver in partnership cases,..

223, 230
same, in action to dissolve an incorporated company,

318
same, in action against executor of one acting in a fiduciary ca-
pacity, in regard to sales of land of plaintiff,...

322
complaint by receiver of insurance company, on premium note,.. 381
by committee of lunatic for labor of lunatic, no price agreed on, 389
by general guardian of infant, to recover back money paid by
mistake,...

402
RECOUPMENT ( See Counter-CLAIM ).

590

RELEASE:

answer of, as part of demand,......

572

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REPLY:
to counter-claim; general denial,

661
same, specific denial,......

662
reply of set-off to defendant's answer of set-off,

663
to two separate counter-claims in same answer, payment as to the

first and usury as to the second,
specific denials and counter-statements to an answer by way of

counter-claim, which sets up a mistake, and seeks to reform a
contract,

... 665

71

PAGE.
REPLY (Continued):
to counter-claim, by landlord admitted to defend his tenant,.... 667

( See MISTAKE.)
demurrer to reply, .....

.... 683
what reply may contain, and when may be demurred to,.... 683–684
SETTLEMENT AFTER SUIT BROUGHT:
answer of, to complaint on contract,...

... 566
SET-OFF ( See COUNTER-CLAIM).
SLANDER ( See LIBEL AND SLANDER):
complaints in,...

462,-468
answers in,

607,-610
SPECIFIC PERFORMANCE:

complaint to reform contract in case of mistake, and enforce it
specifically as reformed, .......

50
complaint by vendor against vendee, of agreement for sale of
lands,

66
same, against vendor who has received part of purchase money,
and delivered possession,.

69
same, with prayer for alternative relief,..
answer to same, setting up excuse for non-performance,.. 620
complaint for, against vendor and subsequent purchaser with

notice of plaintiff's rights under prior contract,
of same, by lessee against lessor of contract for lease,..

76
same, against railroad company, of covenants in a deed to con-
struct crossings, &c.,...

78
to compel performance of legal obligation arising from statute, 81
to compel heirs-at-law and their grantees with notice of plaintiff's

equity to convey to plaintiff certain real estate sold by ancestor

of heirs to plaintiff, praying an account of rents, &c.,....... 331
answer by way of equitable defence, to action for, and also coun-

ter-elaim, setting up mistake in contract, and praying that it
be corrected, .

.... 651, 653
STATUTE OF LIMITATIONS:

complaint on debts barred by, but revived by a new promise,... 460
action should be on the new promise, and not on the old debt, 460–461
new promise should be alleged, to be in writing, ..

461
answer of statute of limitations,

550
SUPPLEMENTAL COMPLAINT:
making additional party defendant,.....

852
when allowable and necessary,

352
SUPPLEMENTAL ANSWER:

by one of two joint indorsers alleging judgment entered against

his co-indorsers, and demand thereby become merged,....... 659
TENDER:
answer of, before suit brought, to part of demand,...

572
must be pleaded, ...

573
when money must be paid into court, and how pleaded,.... 552–553

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