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47. On a policy of marine insurance, in which performance of con-
ditions precedent is pleaded generally,.....
441
48. For a penalty provided by statute,
443
(9.) MISCELLANEOUS CASES OF ACTIONS FOR BREACH OF CON-
TRACT, WRITTEN OR PAROL.
.........
49. For breach of contract for sale of railroad stock, ......
50. The same, for sale of real property and fixtures on arbitration,
as to their value,
444
446
51. The same on a guaranty,...
448
52. On a policy of fire insurance, the demand after proof of loss
and service of notice having been assigned to plaintiff,.....
450
53. On a policy of insurance of vessel,.........
452
............
54. For breach of contract of a common carrier to carry goods
safely,
456
.......
....
55. The same, to carry goods by a particular route,.
56. For breach of promise to marry,... ..
57. On debt barred by statute, but revived by new promise,..
(10.) ACTIONS FOR LIBEL AND SLANDER SEC. 164 OF THE CODE.
60. For libel against a coroner, and verbal slander joined, .
468
(11.) OTHER ACTIONS FOR WRONGS, INCLUDING INJURIES TO RE-
LATIVE RIGHTS, PROPERTY AND PERSON.
61. For damages occasioned by the falling in of a privy by defen- dant's negligence, the plaintiff being a servant in his em- ploy,.
62. Against municipal corporation, for negligently constructing a
drain and neglecting to keep it in repair, ....
63. For injury to person of plaintiff, by carelessness and negligence
of defendant,.
472
475
478
64. By husband and wife, for injury to the wife by reason of the
negligence and mismanagement of defendant, a railroad
company,
65. Against a physician, for negligence and want of skill,
66. Trespass to the person; assault and battery,.
67. Trespass to the person; false imprisonment,.
68. Trespass to lands,.
........
69. Trespass for taking and carrying away goods,
70. Converting goods, where demand and refusal are necessary to
71. Same, demand, &c., not necessary to be alleged,
(12.) TO RECOver Possession of Personal or Real Property.
72. To recover possession of specific personal property, with dama-
ges for detention,.....
73. To recover possession of real estate, with damages for withhold-
ing,.....
...........
(13.) MISCELLANEOUS CASES AGAINST RAILROAD CORPORATIONS.
74. Against railroad company, for neglect to erect and maintain
suitable fences and cattle guards,
75. For wrongfully ejecting a passenger from cars,
...... ....
......
76. For negligently causing death of plaintiff's intestate,
77. For negligently injuring the person of one lawfully traveling on
* 489
491
492
493
495
497
498
501
..........
a highway leading across its track,
78. For negligently injuring the person of a passenger,
79. The same, alleging incompetency of engineer, to the knowledge
of the company,
80. For injury to a servant, by the negligence of another servant,
by means of the use of defective cars, of which defendant
had notice,
81. For injury caused by negligently running defendant's ferry boat
into plaintiff's canal boat,
82. For injury caused by carelessly running into an omnibus in a
public street,
83. For damages caused by raising embankment between high and
low water mark in a navigable river in front of plaintiff's
premises,.
84. For damages by reason of failure to carry and deliver live stock
..... ...........
with reasonable diligence,..
85. The same, uniting several causes of action against the company,
86. For ejectment to recover part of a street exclusively appropria-
ted for the purposes of a railroad, joined with a cause of
action for damages for the same entry,... ..
516
519
523
526
PART IV.
ANSWERS.
(1.) DENIALS-GENERAL AND SPECIFIC.
1. Absolute general denial by one of two defendants, answering
530
531
532
4. Another form in an action to recover real property,
533
5. Qualified general denial, where several facts are admitted,..
6. Separate denial of two causes of action, one absolute, the other
on information and belief,..
7. Specific denials, ...
8. Specific and general denials, with affirmative defence,.
9. Specific denials to a complaint in an equitable action,.............
10. Counter-statement, with general denial of allegations inconsistent
537
539
therewith,
543
11. Various forms of denial, joined with counter-statements or ex-
planatory matter,.. ..
544
546
12. Specific denials and affirmative matter set up in defence,..
(2.) ANSWERS IN ABATEMENT OF THE ACTION.
17. General denial, statute of limitations, payment and demand ex-
tinguished by judgment,
550
18. That sale was a stock-jobbing transaction and void,..........
19. By common carrier; denials, with defence of inevitable acci-
dent,
553
554
20. The same, with defence of special contract, whereby plaintiff
assumed certain risks,....
557
21. The same; separate answers to several causes of action in same
complaint,.
559
22. In action on policy of insurance of boat, setting up breach of
warranty contained in policy,... ....`
561
23. The same, on policy of fire insurance,..
565
24. Denial of contract, statute of frauds on guaranty, and settle-
25. Bankrupt discharge to action on judgment,.
26. Arbitration and award,... ...
.... .... ....
566
568
571
572
27. Release as to part of demand, and tender as to the residue,
28. By indorser of note, indorsed for maker's accommodation, and
delivered in payment of precedent debt, &c., to secure
usurious rate of interest,..
29. That maker of note was agent of defendant only, without au-
thority,
30. In an action for negligence: 1st. That neglect was that of the
workmen of defendant's contractor, exercising an indepen-
dent employment; 2d. That injury was caused by plaintiff's
own negligence,.
.... .... ................
31. In excuse and justification to a complaint for damages for in-
jury to the person, by defendant's negligence,..
32. By railroad company; justification for putting passenger out of
car,
.............
576
577
581
585
586
587
33. Denial of negligence, with defence that injury was caused by plaintiff's negligence,. 34. Justifying an alleged trespass to lands, under title acquired by railroad company, by statutory proceedings,....
35. Justifying entering a public street, by railroad company, under
authority conferred by common council of a city and act of
incorporation,.........
..............
36. By collector; justification for taking property under tax warrant,
37. Justification in an action for false imprisonment, ..........
38. Justification, joined with denials, in action for assault and bat-
tery,
39. Justification in action of trespass to lands,
40. To complaint for possession of personal property,.
41. To complaint for converting personal property,
42. In ejectment; equitable defence to legal cause of action,.........
43. In Justices' Court, showing that title to land will come in ques-
.................
44. In slander; denial, justification and mitigating circumstances,.
45. The same; justification and mitigating circumstances,
46. In libel; facts in mitigation alone,
47. To a complaint, by vendee, to recover back money paid vendor,
on a contract for sale of land, where the complaint alleges
fraudulent representations as to quantity of land purchased,
48. In an equitable action for specific performance of agreement
to convey lands, setting up excuse for non-performance,...
C
618
620
49. In an action, by judgment creditors to set aside assignment as
fraudulent,
622
50. In an action for injunction to restrain defendant from diverting
water-course, .
51. To complaint in an action to establish a lost will,
625
627
52. In partition suit, by one defendant, as well for himself as for
630
........ ................
637
all other heirs,
53. Of infant, by guardian, in partition,
54. By devisee, under a will, to a complaint, by executor, for con-
struction of the will,.
55. By widow of testator, in same case,
56. By other devisees, having adverse interests, in same case,.
(4.) ANSWERS BY WAY OF COUNTER-CLAIM.
57. By executors; set-off, to complaint, for work and labor,................
58. Matter improperly pleaded as a set-off, which is defensive
59. Rent due, pleaded as counter-claim,...
60. Breach, by plaintiff, of contract in lease,
61. Damages, by reason of goods not corresponding to sample,.......
62. Several counter-claims, in an action for work and labor, breach
of contract under which work was done, damages, &c.,....
63. Separate counter-claim, pleaded by one of several defendants,
between whom and plaintiff a separate judgment might be
rendered,.....
64. Equitable defence, setting up a mistake in contract, sought to
be specifically enforced,..
65. The same, by landlord, admitted to defend in action to recover
real estate, setting up a mistake in deed, and praying that it
be reformed,...
·...............................
66. Equitable counter-claim in action to recover possession of real
estate, setting up that defendant was lessee of plaintiff's
grantor, and, not being able to read or write, he, by agree-
ment with plaintiff, gave up the remainder of his lease, con-
trary to his intention, praying to have agreement delivered
up to be canceled, &c.,
(5.) SUPPLEMENTAL ANSWER.
67. By one of two joint indorsers, alleging separate judgments
entered against co-indorser, since suit commenced, whereby
demand has become merged,
638
641
642
644
645
649
651
655
658