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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.)
the party, 23 to 41

in cases where a contract can only be implied, 34
when or not against a trustee, ib.

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 husband survives, 58

where wife survives, 59
consequences of mistakes, ib.

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
consequences of misjoinder, ib.

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,

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CHAP. I.—OF THE PARTIES TO ACTIONS-(continued.)
commissioners or trustees under a statute, 77

judicial and other public officers, &c. 78

tenants in common, 79

C

to personal property, and for breach of a duty or contract, and when
it is a concurrent remedy with assumpsit, ib.

of the advantages of this action in preference to others, ib.

declaration, &e ih.

III. Replevin, 162 to 166

1, the property affected, 163

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