of the State Codes by the number of the section when they are numbered consecutively, and without reference to the editions of general statutes in which they may be found. Where there has been a revision and a change in the numbering within a few years past, I have given the year as well as the number of the section.

"is

The word "complaint" is the statutory term in most of the states for the plaintiff's first pleading, and for that reason I have generally used it instead of "petition.'

COLUMBIA, Mo., October 1, 1878.

BLISS CODE PL.-b

P. BLISS.

TABLE OF CONTENTS.

CHAPTER I.

OF THE NATURE AND FORM OF ACTIONS.

Section 1. The Terms "Civil Action" and "Cause of Action" defined.

2. Common-law Actions, how instituted and named.

6. Classification not dispensed with.

7. Continued-Illustrated by Suits in Equity.

8. The Distinction between Covenant Debt and Assumpsit not pre-

served.

།

9. The natural Classification of Actions.

10. We still may speak of legal and equitable Relief.

CHAPTER II.

OF ELECTION BETWEEN ACTIONS.

Section 11. The Right of Election distinguished.

12. The Right not essentially changed.

13. The Right to waive the Tort in Conversion of personal Property.

14. Where there is both a Contract and a legal Duty.

15. Election in fraudulent Sales, and for Money obtained by Fraud.

16. Where the Wrong-doer has repudiated the Contract.

17. Instances of Election between Actions upon the same Contract.

18. Other instances of Election.

19. 'Considerations that should control the Election.

CHAPTER III.

OF PARTIES TO ACTIONS.

1. Parties Plaintiff in Actions founded on Torts.

Section 20. Scope and Order of the general Inquiry.

21. The general Rule as to parties plaintiff in actions ex delicto.

22. Plaintiffs in actions for Injuries to Land.

Section 23. Plaintiffs in actions for Injuries to personal Property where the

Owner is not in Possession.

23a. Plaintiffs in actions to recover Land sold when held adversely.

24. As to Joinder of Plaintiffs in actions for injuries to property.

25. Plaintiffs in real and mixed Actions.

26. Plaintiffs in actions for personal Injuries.

27. Plaintiff in actions for Injuries to married Women.

28. Plaintiffs in actions for Injuries to Servants-Seduction-Rights

of Parent in Injuries to Minors.

29. The Minor may also sue.

30. Parties as authorized by Statute-1. In Seduction.

31. Continued-2. When the Injury causes Death-Lord Campbell's

Act.

82. Continued-3. Other similar Provisions.

33. Continued-4. Plaintiffs in actions for Waste.

34. Continued-5. Joinder of Husband and Wife.

35. Continued-6. Plaintiffs in actions to protect the separate Estate

of married Women.

36. Continued-7. In Injuries to same held under Married Woman's

Acts.

37. The statutory and the trust Estate further considered.

38. As to Assignees of Rights of Action arising from Torts.

39. What Rights of Action so arising survive under the Statute of 3

Edward III.

40. Statutes in the several Code States-New York, Missouri, Arkan-

sas.

41. Same Subject-Statutes of Ohio, Kansas, Nebraska, Indiana, and

Iowa.

42. Continued-Wisconsin, Kentucky, Oregon, and Minnesota.

43.

Construction of these Statutes.

44. When does a Claim for a personal Injury become a Debt.

CHAPTER IV.

OF PARTIES TO ACTIONS, CONTINUED.

2. Parties Plaintiff in Actions founded on Contract.

Section 45. In Actions by Assignees, the equitable Rule adopted.

46. The Exceptions.

47. What Contracts are assignable.

48. Contracts not assignable.

49. Indorsements and Assignments by Executors and Administrators.

50. The Mode of Assignment.

51. Indorsements and Assignments without actual Sale.

Section 52. Who may be Plaintiffs other than Parties in Interest.

53. 1. Actions by Executors and Administrators.

54. 2. Actions by Trustees of an express Trust.

55. 3. By Persons with whom, or in whose Name, a Contract is made

for the Benefit of another.

56. 3. Continued-An agent merely, not authorized to sue.

57. 3. Continued-Cases when the Representative may sue in his

own Name.

58. 3. Continued-May the Beneficiary also sue?

59. 3. Continued-No change made by this limitation.

59a. As to contracts in which an agent has an interest.

60. 4. By Persons expressly authorized by Statute.

61. Joinder of Plaintiffs-The general Rule.

62. Joinder of Plaintiffs in Common-law Proceedings.

63. Whether the Right is joint or several.

64. Assignment of joint Rights.

65. Parties in partial Assignments.

65a. Same-In a partial assignment by a joint obligee.

65b. Continued-In case of insolvency of partner.

65c. Ordinary assignments by co-obligees.

66. How should joint Obligees assign.

67. As to Joinder by Tenants in Common in actions for Rent.

68. Continued.

69. Continued-Parties under the Code.

70. Joinder in Actions by Distributees and Legatees.

71. Parties in Actions concerning the separate Property of married

Women.

CHAPTER V.

OF PARTIES TO ACTIONS, CONTINUED.

3. Parties Plaintiff in Actions for equitable Relief.

Section 72. General Considerations.

73. Plaintiffs having a common Interest.

74. Continued-Legal Claims.

75. Continued-Decisions as to legal Claims.

76. The Principles governing the Joinder.

77. In a legal Action can an unwilling Plaintiff be made Defendant?

78. Continued-The negative Answer considered.

79. Representation-Where one may sue or be sued on Behalf of

Many-The Rule.

80. Application of the Rule.

81. Representation in Actions to restrain illegal Acts of public Offi