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

(10.) IN CASES OF PARTITION.

PAGE.

230

52. For partition of lands by one tevant, in common against his co-

tenant,

233

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

53. By tenant in common, under sheriff's deed or execution against

one of the heirs, for partition against the widow and other

heirs of a deceased owner, dying intestate,... .

54. By plaintiff, claiming under will and marriage settlement, &c.,
for partition against heirs and owners unknown, with prayer
to set-off plaintiff's shares in-common,..

(11.) IN MORTGAGE CASES.

55. Foreclosure against mortgagor and subsequent incumbrancers,

56. Foreclosure of two mortgages on same premises by assignee,

praying judgment against assignor of first mortgage, on his

covenant that a specified amount was due at the time of as-
signment,

.......

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

57. Foreclosure, alleging a prior mortgage by two defendants to be

fraudulent, and setting up a covenant by another defendant

that the lien of another prior mortgage should be subsequent

to the lien of plaintiff's mortgage,.

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

58. By plaintiff, who had taken, on sale of real estate, a note of an

insolvent third person (believing it good), instead of a bond

and mortgage, to which he was entitled, which bond and

mortgage were executed to the maker of the note by the

fraud of such maker and mortgagor, praying assignment of
bond and mortgage to be foreclosed, &c., ....

59. By heir-at-law of deceased mortgagor, against mortgagee in

..........

235

241

249

252

258

264

possession, for redemption of mortgaged premises,

60. By junior judgment creditor, who has not been made a party to

a bill of foreclosure, to redeem premises sold under decree,

270

272

(13.) MISCELLANEOUS CASES.

PAGE.

65. By widow, against heir, for dower, asking a discovery of the real

estate, and an account of rents and profits,

.......

66. To charge the separate property of a married woman for the

payment of her debts, .....

....

......

....

67. To obtain satisfaction of husband's debt out of securities held

by wife, arising from a sale of her real estate, on which the

husband had expended labor and money,.

68. To compel husband and wife to execute a lien on the wife's

real estate, to secure money loaned for its purchase, ... ..

69. To have goods redelivered which have been deposited as secur-

.......

71. By devisee, against heir, to have title deeds delivered up,.

72. By sheriff, against auctioneer storing goods and claiming a lien

thereon, praying a delivery of the goods and an accounting

to ascertain amount of claim, and a receiver and injunction,
73. For dissolution of insolvent banking corporation, .....
74. By attorney-general, against company assuming to exercise cor-

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

75. Against a person unlawfully exercising the duties of a public

......

office which another is entitled to fill,.

76. By a stockholder, on behalf of himself and all other stock-

holders, to dissolve an incorporated company, praying ac-

counting and distribution of the property, and an injunction

and receiver,.. .... ....

77. Against a person appointed executor of one who had acted in a

fiduciary capacity, in relation to transactions of real estate

which he had conducted in his own name for plaintiff's

benefit, praying a discovery, an accounting, injunction and

receiver,

........

78. Against an insurance company, on agreement to effect an insur-

ance, praying relief in the alternative, that defendant pay

loss or execute a policy pursuant to the agreement, . . . . .

79. To compel heirs-at-law, and their grantees with notice of plain-

tiff's equity, to convey to plaintiff certain real estate sold by

the ancestor of heirs to plaintiff, and paid for and possession

delivered, praying an accounting of rents, &c.,

...........

80. By several legatees, in behalf of themselves and other legatees

and devisees, against the personal representations of the tes-

tator and residuary legatees and devisees, for an account

of the personal estate, and to have real estate sold and

applied, &c.,.....

289

291

294

298

301

302

303

305

309

311

315

318

322

328

331

335

81: By creditor of insolvent corporation, to charge the directors

individually, praying that the corporation may be declared

dissolved,

......

82. Complaint, in the nature of an audita querela, praying that a

judgment which has been satisfied may be adjudged dis-

charged and the plaintiff therein enjoined,

83. Complaint in the nature of a bill of interpleader,.

84. Supplemental complaint, making additional party defendant,..

PAGE.

340

345

349

352

PART III.

COMPLAINTS IN COMMON LAW ACTIONS.

(1.) ON INSTRUMENTS FOR PAYMENT OF MONEY UNDER SECTION

162 OF THE Code.

1. On note or bond for payment of money only,....

....

2. By executor of plaintiff, on bond, for payment of money,

3. By endorsee, against copartners, on note signed in name of firm,

(2.) ON MONEY INSTRUMENTS NOT UNDER SECTION 162 OF THE

Code.

4. Against maker and endorser of note,....

5. On a bank check drawn by firm and endorsed to plaintiff,.

6. By copartnership firm, against another firm, on a draft accep-

ted and paid by plaintiffs,

354

356

357

....

359

361

362

(3.) COMPLAINTS BY REAL PARTY IN INTEREST, UNDER SECTION

111 OF THE CODE.

7. By assignee of a claim, for non-delivery of goods,

8. By assignee of claim, against inn-keeper, for loss of money of

guest,....

365

........

9. By a firm in which there is a dormant partner, for goods sold,

price agreed on,.

368

(4.) COMPLAINTS BY PERSONS EXPRessly authorizeD BY STATUTE,

AND TRUSTEES OF EXPRESS TRUSTS UNDER SECTION 113 OF

THE CODE, AND BY AND AGAINST EXECUTORS AND ADMIN-

ISTRATORS, AND BANKS BY THE NAME OF THEIR PRESIDENT

OR THEIR CORPORATE NAMES.

10. By bank, in the name of its president, on bill of exchange,

against drawer, acceptor and indorser,

869

PAGE.

11. By bank, in its corporate name, on a promissory note, against

joint indorsers,

..........

12. Against a bank, by the name of its president, for refusal to pay

dividend on stock transferred,....

371

873

......

13. By administrators, on promissory note indorsed to plaintiffs' in-

testate,....

374

....

...

........

...

....

........

14. Against executors, for labor performed for testator in his life-

time,

15. By administratrix of person negligently killed, against execu-

tors of the person by whose negligence the death of plain-

tiff's intestate was caused,...

........

16. By a receiver of an insurance company, on a premium note,...

17. By committee of lunatic, on a demand against he survivor of

a firm, for service, no price agreed on,....

18. By president of joint stock or other unincorporated association

of more than seven persons, on a demand, owned by such as-

sociation, for land sold, .

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

....

19. Against an unincorporated association of more than seven per-

sons, on a demand for rent,....

20. By commissioners of highways, under authority of statute, for

damages to highway,

376

377

381

389

392

394

....

21. By trustee, under assignment, on a policy of insurance on pro-

perty belonging to trust estate,

398

.......

.....

22. By general guardian of infant, to recover back money paid by

mistake,

402

23. By an agent, for breach of contract made by him for benefit of

his principal,

404

.........

....

24. By the people, as "trustees of an express trust," on an admin-

istration bond,

405

(5.) IN CASES WHERE PARTIES ARE NUMEROUS, AND ONE OR MORE

MAY SUE OR DEfend for the WHOLE UNDER SEC. 119, CODE.

25. By three subscribers to a common fund (there being numerous

other subscribers), in behalf of all, to recover subscriptions

deposited in a bank refusing to pay, ...

....

26. By several heirs, on behalf of themselves and numerous other

heirs (some of whom are unknown), on a covenant of war-

ranty of lands,

408

411

(6.) COMPLAINTS AGAINST PERSONS SEVERALLY LIABLE ON SAME

OBLIGATION OR INSTRUMENT, SECTION 129 OF THE CODE.

....

27. Against first and third endorser of note,

28. Against the survivor and representatives of deceased maker of

a joint and several sealed note, alleging insolvency of sur-

vivor, ....

........

PAGE.

415

417

418

420

29. Against two of three makers of a joint and several bond,.

30. Against all the parties on a written contract and guaranty,

executed simultaneously,.....

(7.) IN ACTIONS TO RECOVER ON ACCOUNTS OR CLAIMS FOR GOODS

SOLD, WORK, ETC., UNDER SECTION 158 OF THE CODE, AND

GENERALLY IN CASES WHERE THE COMMON COUNTS WERE

37. For money paid, laid out and expended,

38. For several items of work, materials, and money,

39. For a general balance of account,...

40. For use and occupation, no price agreed on,.

41. For use and occupation, under a lease,

42. For a bill of goods, items not set forth, and demand assigned

429

430

..........

431

432

.....

432

44. For several claims of different kinds of money demands, some

of which accrued' in different rights, and are set forth in

separate causes of action,

436

(8.) IN CASES of Pleading a Judgment, PerfORMANCE OF CON-

DITION PRECEDENT, AND PRIVATE STATUTE, SECTIONS 161,

162, 163 OF THE CODE.

45. On a judgment by leave of the court,...

439

46. On a justice's judgment, rendered more than five years before

suit,.

440

1ERRATUM. The word "occurred," in title of No. 44, post, p. 436, should be accrued.