PAGE. CONTRACT (Continued): complaint for sale of real property and fixtures, value determined complaint, on contract for sale of land, to recover back money ........ answer to same,. .... .... .... .... (See VARIOUS TITLES AND SUBJECTS, SUCH AS SPecific Perfor- CORPORATION (See BANKING CORPORATIONS; INSURANCE COM- complaint to dissolve company assuming to exercise corporate 156 618 .... 511 to dissolve incorporated company, praying an accounting, &c., by 318 340 475 CREDITOR'S SUIT: complaint in, to reach interest of judgment debtor alone, by receiver, to set aside fraudulent assignment,. CREDITORS: when should all be parties in suit to set aside assignment, ...... 175 CONCLUSION OF LAW: ........ 42 44, reference of, in pleading to the court, superfluous, complaint on policy of marine insurance, performance of condition answer of set-off, by executors, to complaint for work and labor, 638 set-off, improperly pleaded, as counter-claim,.. PAGE. counter-claim, that plaintiff has not performed covenants in his COUNTER-CLAIM (Continued): set-off against assignor is no counter-claim, and requires no reply, 640 641 663 642 same, for damages, by reason of goods sold not corresponding 644 same, that work done by plaintiff was done under a special con- ..... separate counter-claim, by one of several defendants, 645 649 651-653 ... 654 by landlord, admitted to defend action brought against his ten- demurrer to, (See REPLIES.) 682 (See DEMURRER.) DENIAL, GENERAL AND SPECIFIC: absolute general denial by one of two defendants, answering 530 general denial of knowledge or information sufficient to form a belief. 531 facts presumed within defendant's knowledge must be denied 530 what sufficient form of,. 531, 532 qualified general denial,. 532 another form of, in action to recover real property, 533 same, where several facts are admitted, 534 separate denials of two causes of action in same complaint, 535 536 specific and general denials, with affirmative defence,.. 537 539 .... denial of allegations inconsistent with complaint,.. 543 denials in various forms in same answer, with counter-statements ........... .... 544 specific denial, with affirmative defence,.. 546 general denial, with statute of limitations, payment, &c., merely puts plaintiff upon his proof, and no evidence can be in- 550 (See VARIOUS SUBJECTS AND TITLES.) troduced by defendant under,.. denials, general and specific, in replies to counter-claim, 551 661-667 (See REPLY.) DEMURRER: will not lie for omitting to state time and place,.. 15 34 PAGE. DEMURRER (Continued): will not lie, for not separately stating causes of action that might that court has no jurisdiction, .... .... 438, 676 669 that plaintiff has not legal capacity to sue, 669 670 for non-joinder of parties plaintiff, 671 for misjoinder of defendants, executors united with surviving 671 that several causes of action have been improperly joined,. 672-675 same, specifying grounds of objection taken, demurrer to one of several defences in answer containing defen- same, to counter-claim, alleging fact in bar of part of answer 683 ................ .... ........ demurrer to reply,. 683 in what cases general demurrer may be taken and what defects divorce for adultery and for cruel and inhuman treatment can- 286 DOWER: complaint for, asking a discovery of real estate, and account of EJECTMENT: complaint, to recover possession of real estate, with damages for .... 289 495 ........ .... what must contain and how framed,.. 495-496 ..... complaint in, to recover part of public street, joined with cause EJECTMENT (Continued): PAGE. 604-605 landlord may come in and plead such defence,. EXECUTORS AND ADMINISTRATORS: profert of letters no longer necessary,.... 655 21, 375 but complaint must allege appointment of plaintiff as executor, &c., 875 337, 375 complaint by administrator against next of kin, to compel reim- 53 complaint by executor, to carry the trusts of a will into execution, 185 190 parties defendant, in partition suit, when,. .... 247 332 376 638 against executors, by devisees, to have title deeds delivered up, 303 FRAUD: 377-378 complaint to set aside fraudulent judgment in foreclosure suit,.. 136 complaint to declare void a fraudulent will, and restrain defen- 151 prayer in complaint, by devisees in will, to set aside fraudulent 154 complaint by vendee of land, to recover back money paid on in an action under the Code, on a judgment, defendant may set GOODS SOLD AND DELIVERED, AND BARGAINED AND SOLD: 368 generally for goods sold, and what such complaint must con- for a bill of goods, items not set forth, and demand assigned to 434 GOODS SOLD, &c. (Continued): same, items stated and demand assigned, for general balance of an account,. for several different kinds of money demands, accruing in different rights, PAGE. 435 437 438 448 566 HUSBAND AND WIFE (See MARRIED WOMAN): complaint to compel execution of lien on wife's separate estate,.. 298 mode of appointment of, and how alleged in complaint, 47, 46 190, 283 190 by infant, by his guardian, for divorce, 283 by guardian, as trustee of an express trust, 402 by infant, by guardian, for damages caused by defendant's neg- 472 answer of, by guardian, in a partition suit,.. 631 ...... INJUNCTIONS: complaint to restrain commission of waste, and compel tenant to 87 to restrain excavation of lands, whereby plaintiff's premises are 90 to restrain turning course of creek on plaintiff's lands,.. complaint to restrain defendant, and compel him to restore 103 ........ to restrain unlawful use of trade marks,.. 108 .... to restrain foreclosure sale, and declare mortgage void,. to restrain prosecution of vexatious suits under a void agreement, 129 for injunction in aid of creditor's suit,...... 147, 151, 158, 164, 171 for injunction on accounting, on removal of trustee,. 151 845 |