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CHAPTER VI.
PARTIES TO ACTIONS, CONTINUED.
4. Defendants in Actions founded upon Torts.
Section 82. As to Injuries by more than one-The Common-Law Rule adopt-
ed as to who may be made Defendants in Actions ex delicto.
83. Instances of Liability, several only.
83a. Instances of joint Liability.
84. Slander necessarily single.
85. Injuries by the Wife-Liability for her Torts.
86. As to Torts by the Wife in respect to her separate Estate-
General Rule.
87. Liability as owners of Land arising from a duty-A different
rule in case of Tort.
88. Several Liability-Its Extent.
89. Indemnity and Contribution-The General Rule.
CHAPTER VII.
OF PARTIES TO ACTIONS, CONTINUED.
5. Defendants in Actions founded on Contract.
Section 90. The general Rule.
91. Obligations, whether joint or several, or both.
92. Parties at Common Law, where the Obligation was joint.
93. Certain States make joint Obligations several as well.
94. Statutory Provisions as to joinder in several Obligations-Com-
mon law Rule-Code Rule.
95. Construction of the Provisions named in the last Section.
CHAPTER VIII.
7. Defendants in Actions for Equitable Relief.
Section 96. Parties Defendant-The Equity Rule..
97. The statutory Rules.
98. Mortgages-Actions concerning them-Foreclosure.
Section 99. Parties Defendant in Suits to redeem.
100. Parties Defendant in Suits to foreclose.
101. Continued—Subsequent Incumbrancers, and others.
102. Continued-In Case of Death of, or Assignment by, Mortgager.
103. Continued-Other Interests.
104. Statutory Foreclosure.
105. Where the Liability is joint-The Equity Rule.
106. Continued-The Rule under the Code-Equity Rule Adopted.
107. Decisions upon this Question.
108. In Suits for specific Performance.
109. Continued-As to outstanding Titles.
109a. Trusts-In Actions by Beneficiaries for breach of-General Rule
as to Parties.
109b. Same-In other Actions affecting.
110. Multifariousness or Misjoinder by an improper Union of De-
fendants.
110a. Who may be united without a Joint Interest.
111. Parties in other Actions.
111a. Whether one should be made Plaintiff or Defendant.
CHAPTER IX.
OF JOINDER OF CAUSES OF ACTION IN ONE COMPLAINT OR
PETITION.
Section 112. The Joinder of Causes of Action-The Language of the Codes.
113. A Cause of Action-Facts constituting a Cause of Action-Mean-
ing of the Terms-How may a Cause of Action arise?
114. Different Modes of Relief do not make different Causes of Action.
115. Continued-Further Illustrations.
116. Continued-The Judicial View.
117. The Causes of Action must be between the same Parties in the
same Right.
118. As to splitting a Cause of Action.
119. The several Causes of Action must be separately stated.
120. Continued-Where there are two Causes of Action and but one
Relief, they may be stated in separate Counts.
121. Completeness of each Statement-Each Paragraph or Cause of
Action must be good within itself.
122. The Causes of Action must be consistent.
123. Each Party must be affected, and in the same Character, but
not to same Extent.
124. Joinder under the Common Law and Equity Systems.
125. First Class: Union of Causes of Action under. Meaning of the
Section 126. Continued-What is the Subject of the Action?
127. Second Class: Joinder of Causes arising out of Contract.
128. Implied Contracts.
129. Third Class: Injuries.
130. The Joinder when the Tort may be waived.
131. Fourth Class: Injuries to Character.
132. Fifth Class: Ejectment.
133. Replevin.
134. Claims against Trustees.
CHAPTER X.
GENERAL CONSIDERATIONS.
Section 135. Definition of Pleadings.
136. Every Statement of Facts constituting a Cause of Action or a
Defense implies a Proposition of Law.
137. The logical Formula-Illustration.
138. Why are written Pleadings required?
139. This End not reached at Common Law.
140. But Evidence should not be pleaded.
141. Other Systems must be understood.
142. Singleness of Issue a Fiction.
CHAPTER XI.
OF THE COMPLAINT OR PETITION-THE TITLE-THE STATEMENT.
Section 143. The Order of its Parts. .
1. The Title, which contains the Name.
144. Of the Court and County.
145. Of the Names of the Parties.
146. The true Name should be given.
146a. As to Initials.
146b. The Idem Sonans and Variance.
147. Where the Name is unknown.
2. The Statement.
148. Scope of the present Inquiry-The introductory Words.
149. The Inducement and Gist.
150. What Classes of Facts are Matter of Inducement.
151. Fictitious Allegations.
152. 1. The Fictitious Promise.
153. 2. In treating a Tort as a Contract, how should the Facts be
Section 154. The Right to so treat it inferred from an Enlargement of the
Remedy.
155. The Inquiry resumed.
156 3. The common Counts-When are they permitted?
157. The judicial View.
157a. Continued.
158. 4. As to pleading Matters according to their legal Effect-
Contracts may be set out in haec Verba or according to their
legal Effect.
CHAPTER XII.
OF THE COMPLAINT, CONTINUED THE RELIEF THE OATH.
The Relief.
Section 159. The Relief must follow the Statement.
160. When Plaintiff is confined to the Relief prayed for-When no
Answer is made.
161. The Relief granted upon Answer, etc., will be consistent with
the Issue The equity Rule-The general Prayer.
162. When the Plaintiff mistakes the nature of his Relief.
163. Each Forum confined to its own Relief.
164.
Inconsistent Relief.
105. The full Demand to be stated.
166. Full Relief in so-called equitable Causes-The equity Rule.
173. The Oath as required in certain States-By whom made.
CHAPTER XIII.
RULES GOVERNING THE STATEMENT.
1. What should not be stated.
Section 174. Classification of the Subject.
RULE I. Facts which the Law presumes should not be stated.
175. Scope of the Rule.
175a. Not to be confounded with Inferences.
RULE II. Facts necessarily implied should not be stated.
Section 176. Scope of the Rule.
RULE III. Facts not to be stated of which the Court will take judicial Notice.
177. Classification of Matters to which the Rule applies.
178.
1. Public Laws or Matters evidenced by public Law-(a) Inter-
national, commercial, ecclesiastical.
179. (b) The Common Law and old English Statutes.
180. When differently held in different States.
181. Of what Statutes will the Court take Notice?-The best Source
of Information.
182. When are Statutes public?
183. As to private and foreign Statutes.
184. Private Statutes and the Code-How pleaded.
185. (c) Treaties-Proclamations.
186. (d) Civil Divisions within the State.
187. 2. Matters of general Notoriety, including the recognized Facts
of Science.
188. (a) The general Course of Nature.
189. (b) Facts of Geography-Existence and Location of Places.
190. (c) Facts of current History-When necessary-How proven.
191. (d) The Meaning of Words, and Computation of Time.
192. 3. Facts of a mixed legal and public Nature.
193. (e) The Existence, Relations, and Symbols of civilized Nations.
194. (f) Legislative Bodies and their Journals.
198. Other Matters of Law and Notoriety.
199. 4. Matters peculiarly within the Court's Knowledge.
RULE IV. One should not anticipate a Defense.
200. The Rule not a new one-Its Application.
201. Apparent Exceptions.
202. As to Exceptions and Provisos in Contracts and Statutes-How
pleaded.
203. The Exception may be in a subsequent Clause.
204. The Rule as applied to the Statute of Frauds.
205. The Rule as applied to the Statute of Limitations.
RULE V. Evidence should not be pleaded.
206. The Rule reasonable-Facts distinguished.