No. 38. Complaint for dissolution of partnership, for an injunction and a receiver. STATE OF INDIANA, In the Circuit Court, A. B. vs. C. D. County, Said plaintiff complains of said defendant, and says that said plaintiff and defendant, on the day of -, 18-, became partners in the business of manufacturing chairs, in the city of B., in said county, under the firm name of A. B. & Co., and by the terms of the agreement of partnership, were to continue ten years, and the parties were both to devote their whole time and energies to the business; the plaintiff being a bookkeeper, was to keep the books and conduct the business of the office, and the defendant being a mechanic and manufacturer, was to superintend the manufacturing department. That the business was well conducted and lucrative for years, but at the end of that time, the defendant became drunken and dissipated, and has continued so to the present time, during all which time he has neglected his duty, failed to superintend the manufacturing department of said business, and has now become so abandoned as to stay entirely away from his business, and, though frequently and constantly entreated to return to his duty and abandon his dissipation, he is deaf to all entreaties, and not only neglects his business, and wastes his money, but involves the firm in liabilities and vexatious litigation by an improvident and unauthorized use of the firm name; that the plaintiff is not familiar with the manufacturing department, and cannot, therefore, carry on the business without increased expense. That being thus embarrassed by the conduct of the defendant, the plaintiff, on the day of 18-, published a dissolution of said firm. Wherefore, the plaintiff prays for a decree of dissolution; that until the final hearing the defendant may be enjoined from using the firm name, from interfering with the business of said firm, from collecting any of the moneys due said firm, and from any and all interference with its affairs; and that a receiver may be appointed to take possession of the property and effects of said partnership and to settle the business thereof, and that upon the final hearing an account may be taken, and that the plaintiff may have all proper relief.1 C. C., Att'y for Plaintiff. A. B., the plaintiff, being sworn, says that the matters and things set forth in the foregoing complaint are true, as he verily believes. Subscribed and sworn to before me the 18-. A. B. day of T. T., Clerk. No. 39. For specific performance of a contract of life insurance. STATE OF INDIANA, In the A. B., Adm'r of C., vs. The County, Term, 18—. Life Insurance Co. Said plaintiff complains of the defendant, and says that the defendant is a corporation organized under the laws of Indiana (or organized under the laws of the state of Ohio, or other foreign state, and duly authorized by the laws of the state of Indiana to do business therein); that on the day of, 18—, said defendant, at the instance and request of the plaintiff's intestate, by its agent thereunto, lawfully authorized, one W. W., undertook and agreed, by parol, to become the insurer of the life of the said intestate, in the sum of dollars, according to the terms and stipulations contained in a policy of insurance, there written and exhibited by said agent, and of which a copy is herewith filed; and in consideration that the plaintiff's intestate did pay the said defendant, by its agent, said W. W., the sum of — dollars, as and for the premium then and there agreed upon, said defendant then and there undertook to have said policy, written according to the terms of said agreement and undertaking of said defendant with the plaintiff, duly executed by the proper officers of said defendant, and duly delivered to said intestate, and that upon the signing and approval thereof, the same should take effect, by relation, from the date of the payment of the premium. But plaintiff says that, although said contract of 1 The forms of complaints in cases for the appointment of a receiver are found ante, chapter III. Any complaint containing a case justifying a receiver may be used by inserting a prayer for a receiver, and having the same sworn to. insurance was duly approved by said defendant company, and said premium was accepted by it, and said policy was duly signed by the president and secretary of said company, according to its charter and by-laws, and directed and mailed to said agent, at -, and in his lifetime, yet, because the said intestate died before the said policy had reached said agent, said defendant refuses to perform its said contract, notwithstanding said policy came to the said agent the next day after said intestate's death. And the plaintiff says that said intestate died on the day of -, 18-, and the plaintiff was, on the day of 18-, appointed his administrator; and that all conditions precedent in said contract had been performed, and all periods of time had elapsed, and all events had transpired to enable the plaintiff to maintain his action before this suit was commenced. Wherefore plaintiff prays judgment for the performance of said contract by the delivery of said policy, and the payment of the money thereupon, and for other proper relief. The plaintiff complains of said defendant, and says that the defendant is the owner of an estate of freehold, for the term of his natural life, of a certain tract of land in said county described as follows (here describe), and the plaintiff is the owner of an estate in remainder (or reversion) in fee therein, after the determination of said defendant's life estate; that the defendant is in possession, under said freehold estate for life, and claims to be the absolute owner in fee of said tract of land, and denies the plaintiff's title thereto. Wherefore plaintiff prays a decree quieting his title to said estate in remainder (or reversion) in said lands, and for all other proper relief. W. P., Att'y for Plaintiff. No. 41. For the possession of real estate and to quiet title. STATE OF INDIANA, In the A. B. vs. C. D. and E. F. County, Term, 18-. Said plaintiff complains of said defendants, and says that the plaintiff is the owner in fee of the following described lands in said county, to wit (here describe); that said C. D. is wrongfully in possession thereof, claiming title thereto, and has been so in possession more than six years. That said defendant E. F. also pretends to be the owner in fee of said real estate or some undivided interest therein. Wherefore the plaintiff demands judgment for the possession of said real estate, and that his title may be quieted thereto, and that he may recover against C. D., tenant in possession, dollars damages for his said wrongful possession thereof, and for all proper relief. A. C., Att'y for Plaintiff. CHAPTER IV. DEMURRERS. No. 1. Assigning all the causes. 2. Demurrer to the complaint, assigning two causes. 3. Demurrer to an answer. 4. Demurrer to several paragraphs of a complaint. 5. Demurrer to several paragraphs of an answer. 6. Demurrer to the reply. 7. Demurrer to the reply where there are several paragraphs to which the demurrer is directed. 8. Demurrer to the reply of several paragraphs to an answer in a single The defendant demurs to the plaintiff's complaint herein, and for cause of demurrer says: 1. That the court has no jurisdiction of the person of the defendant (or the subject matter of the action). 2. That the plaintiff has not legal capacity to sue. 3. That there is another action pending between the same parties for the same cause. 4. That there is a defect of parties plaintiff (or defendant). 5. That the complaint does not state facts sufficient to constitute a cause of action. 6. That several causes of action have been improperly united. J. C., Att'y for Defendant. No. 2. Demurrer to the complaint, assigning two causes. STATE OF INDIANA, Court, County, Term, 18 The defendant demurs to the complaint, and for grounds of A. B. vs. C. D. In the demurrer assigns the following: |