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,.

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

....

506

509

509-510

how far company is liable in such cases,....
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,.
for damages caused by raising an embankment in front of plain-
tiff's premises, between high and low water mark,..........
for damages by reason of failure to carry live stock with reason-
able diligence,...

for similar damages, uniting several causes of action,....
for ejectment to recover part of public street, and for consequen-
tial damages,

answer, by company, qualified general denial,.

532

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

587

same, justifying entering on public street under authority of
common council and corporate powers, of company,........

590

RECEIVER, COMMITTEE, GUARDIAN:

complaint by, must show appointment of,....... 383, 389, 391, 404
complaint praying appointment of receiver,.

complaint by receiver, to set aside assignment as fraudulent,...
complaint must show appointment of receiver, &c., .
complaint praying receiver in partnership cases,...
same, in action to dissolve an incorporated company,.
same, in action against executor of one acting in a fiduciary ca-
pacity, in regard to sales of land of plaintiff,...
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,..

same, specific denial,....

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

to two separate counter-claims in same answer, payment as to the
first and usury as to the second,

661

662

663

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

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

....

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

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

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

.....

same, with prayer for alternative relief,..

answer to same, setting up excuse for non-performance,.
complaint for, against vendor and subsequent purchaser with
notice of plaintiff's rights under prior contract,

620

66

69

74

of same, by lessee against lessor of contract for lease,...
same, against railroad company, of covenants in a deed to con-
struct crossings, &c.,..

to compel performance of legal obligation arising from statute,.
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-claim, setting up mistake in contract, and praying that it
be corrected,

.....

STATUTE OF LIMITATIONS:

.... 651, 653

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,
answer of statute of limitations,

SUPPLEMENTAL COMPLAINT:

461

550

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,...

must be pleaded,

... 572
573

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

TRADE MARKS:

complaint for injunction to restrain unlawful use of,

TRESPASS TO THE PERSON AND PROPERTY:

PAGE

108

complaint for trespass to the person, assault and battery,.
answer to same, denial, justification, &c.,
complaint for false imprisonment,.
answer to same, justification,..

486

600

487

....

598

complaint for trespass to lands,.

488

same, united with claim for equitable relief,.
for taking and carrying away personal property,
answer to same, justification under collector's warrant,
complaint for converting plaintiff's goods, demand and refusal
alleged,
converting goods, no demand and refusal necessary,
answer to same,

.....

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

....

.....

what allegations complaint must contain in such cases,
answer of justification in action of trespass to land, that defen-
dant necessarily entered plaintiff's land, the adjoining highway
being impassable,.....

602

TRUSTS, TRUSTEES AND ASSIGNMENTS (See ASSIGNEE):
complaint for execution of trust, where trustee has died,...... 55
to compel trustees to deliver deed of gift, executed but not de-
livered in consequence of sudden death of grantor,.. .... 57
to compel trustee to certify his consent to the execution of a trust
power,.

62

66

complaint by creditor under deed of trust, against trustee, charg-
ing him with neglect of duty, and praying account of trust
funds, and appointment of new trustee,.

in what case equity will grant relief, in defective execution of
trust powers,..

175

same, against assignee in trust, to recover pro rata share of trust
fund,

178

....

by cestui que trust against trustees, for an accounting of trust fund, 181
for removal of trustees, one refusing to act, and the other insol-
vent,

183

prayer of complaint, to compel executors who had renounced to

by executors, to carry trusts of a will into execution,
same, against executors by infant devisee,.

carry trusts into execution, or in the alternative praying ap-
pointment of new trustees,..

against the executor of a trustee in the sale of lands for plain-
tiff, praying an accounting, receiver and injunction,......
complaint by trustee, under an assignment, on a policy of insu-
rance effected on assigned property,..
other complaints by "trustees of express trust,'

plaintiff may elect to sue on the covenant of lease, or for the use
and occupation,

answer of rent due by way of counter-claim,

432-433
641

same, that plaintiff has not performed covenants in his lease,... 642
what may be set up as counter-claim or defence in an action for
use and occupation,

643

VERIFICATION:

by plaintiff to complaint, ....

by one of several parties united in interest,..

by attorney to complaint in partition,....

by attorney to complaint on promissory note,

by officer of corporation,

makers and indorsers of note must all verify answer,.

355

50

239

355

372

531

not necessary to answer in assault and battery, libel, &c., even
though complaint be sworn to,

WASTE:

complaint to restrain commission of,.......

WARRANTY, COVENANT OF:

complaint by heirs, for breach of, on eviction, after death of
grantor,...

87

411

......

what allegations necessary in such a complaint, and when such
an action maintainable,....

412-413

....

WATER-COURSES:

to restrain turning course of creek on plaintiff's lands,........ 96
same, alleging insolvency of defendant,......

100

to restrain unlawful use of water-power and compel defendant to
restore water-course,.....

103

answer to complaint for diverting water-course,

625

WILL:

complaint to declare will void and restrain defendants from as-
serting claims under it,.......

.... 150

prayer in complaint by devisees, to set aside subsequent deeds of
a portion of the devised premises, on the ground of fraud in
obtaining such deeds,.............

....

........ 154

complaint by executor to carry trusts of a will into execution,
praying directions from the court, &c.,.
for the construction of a will,.......
several answers in same case,.

185

196

632, 634, 636

another form complaint, praying necessary directions for adminis-
tration,

204

for construction of will, and partition of real estate devised by,.. 208
to prove and establish a lost will,.

213

answer to same,.

625

case for the construction of will, without action,..

216

WORK AND LABOR (See LABOR AND SERVICES).

WRITTEN INSTRUMENT (See BILLS, BONDS, NOTES, &c.):

complaints against persons severally liable on same obligation or
instrument,

415-422

against contractor and guarantor, sued jointly,

rule as to parties in such cases,..

420
417-422

when must be averred in pleading, to be in writing,.

461