TABLE OF CONTENTS. [The figures refer to the original paging of the sixth English Edition as numbered in the margin; as they also do in the Index, at the end of this volume.] CHAPTER I. OF THE PARTIES TO ACTION, 1 to 93 1 IN ACTIONS IN FORM EX CONTRACTU, 2 1. Plaintiffs 2 to 33 1, as between the original parties and with reference to the interest of the plaintiff in the contract, 2 to 8 in general party to whom legal interest is vested must be the plaintiff, 2 on bonds, 3 on deeds inter partes, ib. on deeds poll, 4 on simple contracts, ib. exception in case of bills of exchange, 5 against carriers, 6 when an agent may sue, ib. qualified right to use the name of trustee, 8 2, with reference to the number of plaintiffs and when they should join or sever, 8 to 15 joint interest, 8 when several, 9 to 15 several interests, 16 agreement that one should sue, 11 a covenantee not executing, ib. by partners, ib. by tenants in common, 12 joint tenants and parceners, 13 consequences of mistake, ib. trustees, &c. by statute, 14 3, when the interest in the contract has been assigned, 15 to 18 by successor &c. by statute, 15 real property, 16 4, when one of several obligees, &c. is dead, 19 5, in the case of executors or administrators, heirs, &c. 19 to 22 6, in the case of bankruptcy, 22 to 26 7, in the case of an insolvent debtor, 26 to 28 8, in the case of marriage, 28 to 33 II. Defendants, 33 to 93 1, as between the original parties, and with reference to the liability of CHAP. I.-OF THE PARTIES TO ACTIONS-(continued.) in cases where a contract can only be implied, 34 against agents, &c. ib. to 39 partners, tenants in common, &c. suing each other, 39 to 41 2, with reference to the number of the defendants, and who must be sued, 41 to 47 joint contract, 42 several contract, 43 joint and several contract, ib 3, in case of an assignment of interest or change of credit, and of covenants running with the land, &c. 47 to 50 in case of covenants running with real property, 48 4, when one of several obligors, &c. is dead, 50 5, in case of executors or administrators, heirs and devisees, 51 to 53 6, in the case of bankruptcy, 53 to 55 7, in the case of an insolvent debtor, 55, 56 .8, insolvency, 56, 57 9, in the case of marriage, 57 to 59 where wife survives, 59 II. IN ACTIONS IN FORM EX DELICTO. I. Plaintiffs 1, who to sue, with reference to the interest of the plaintiff, 60 to 64 for injuries to the person, 60 for injuries to personalty, 61 for injuries to real property, 62 2, who to join or sever, with reference to the number of plaintiffs, 64 to 66 for injuries to real property, 65 consequences of non-joinder, 66 3, when the interest in the property has been assigned, ib. 67 4, when one of several parties interested is dead, 67, 68. 5, in case of the death of the party injured, 68 to 71 injuries to the person, 68 injuries to real property, 69 alterations by 3 & 4 W. 4, c. 42, in the rule actio personalis &c. and actions for injuries to personal and real property, by and against executors and administrators, 70, 75 6, in case of bankruptcy, 71, 72 7, in case of insolvency, 72 8, in case of marriage, 72 to 75 as regards injuries to the person, 73 as to personal property, 74 with respect to real property, ib. consequence of misjoinder or nonjoinder, 75 II. Defendants, 76 1, as between the original parties, and with reference to their liability, CHAP. I.—OF THE PARTIES TO ACTIONS-(continued.) against a partner or a third person colluding with him, ib. who are liable, as principals, ib. liability of the sheriff and his officers, 93 costs now payable in general to an acquitted defendant, un.ess, 3, where the interest has been assigned, &c., 89 OF THE FORMS OF ACTIONS, 94 to 212 origin of the different forms of action, 94 enactment of stat. West. 2, that as new injuries arise, new writs to be the circumstance of a remedy being new in form not conclusive as to its ancient prescribed forms not to be departed from, ib. actions are real, personal, or mixed, 97 actions are in form ex contractu or ex delicto, ib. suggestions on the mode of considering and arranging the subject, 98 C CHAP. II.—OF THE FORMS OF ACTION-(continued.) implied for title, 6 Bing. 658 ib. on what particular deeds and covenants it lies, 118 when the peculiar or best remedy, 118 declarations and pleadings, 120 1, for what property it lies, 121 2, the plaintiff's interest, 122 In actions in form ex delicto, 125 to 196 nature of injuries, ex delicto, 125 to 132 when immediate or consequential, 126 when the consequential damage not too remote, 129 as to the legality of the original act. ib. intent when material, ib. to personal property, and for breach of a duty or contract, and when of the advantages of this action in preference to others, ib. its disadvantages, 114 the pleadings in general, &c. 146 1, the property affected, 146 to 148 2, the plaintiff's interest, 148 to 151 1, of an absolute property in the goods, 148 2, a special property or interest, 151 2, wrongful assumption of property, 154 by and against a tenant in common. 156 2, of a wrongful detention, and herein of a demard and 1, when a demand is necessary, 157 declaration, &e ih. III. Replevin, 162 to 166 1, the property affected, 163 |