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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
I. Plaintiffs 2 to 33
1, as between the original parties and with reference to the inter-
est 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 a 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 cov-
enants 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
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, 715
1, as between the original parties, and with reference to their liability,
CHAP. L-OF THE PARTIES TO ACTIONS-(continued.)
commissioners or trustees under a statute, 77
judicial and other public officers, &c. 78
tenants in common, 79
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
liability of owners of animals, 82
injury of land, 83
liability of agents, servants, and attorneys, ib.
sheriffs, 84, 85
intermediate agents, 85
2, with reference to the number of the parties, 85 to 89
consequences of misjoinder or nonjoinder, 86
costs now payable in general to an acquitted defendant, unless,
origin of the different forms of action, 94
enactment of stat. West. 2, that as new injuries arise, new writs to be
framed, 95
the circumstance of a remedy being new in form not conclusive as to its
inadmissibility, 96
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
In actions ex contractu, 98 to 108
I. Assumpsit, 98 to 125
when the peculiar remedy, 102
of assumpsit, where there are several securities, &c. 103
for rent, &c. 105
on a statute, 106
on a judgment, ib.
by and against corporations, ib.
in general there must be a contract, 107
declaration, &c. ib
II. Debt, 108 to 115
in general, 108
on simple contracts, 109
on specialities, 110
on records, 111
on statutes, 112
when the peculiar remedy, ib.
when not sustainable, 113
of wager of law and other difficulties and advantages, 113
declarations, pleadings, &c. 114
III Covenant, 115 to 120
VOL. I.
in general. 115
C
CHAP. II.—OF THE FORMS OF ACTION-(continued.)
implied for title, 6 Bing. 658 ib.
on what particular deeds and covenants it lies, 116
on leases, ib.
when the peculiar or best remedy, 118
when not sustainable, ib.
declarations and pleadings, 120
IV. Detinue, 121 to 125
1, for what property it lies, 121
2, the plaintiff's interest, 122
3, the injury, ib.
detinue against an infant who disaffirms the contract
on the ground of infancy, 123
the pleadings, &c, 124
In actions in form ex delicto, 125 to 196
nature of injuries, ex delicto, 125 to 132
when forcible or not, 125
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.
summary of the principle points on which the form of action when ex
delicto depends, 131
1. Action on the case, 132 to 145
to persons absolutely, 133
to persons relatively, 134
to personal property, and for breach of a duty or contract, and when it is a concurrent remedy with assumpsit, ib.
to real property, 139, 715
on a statute, 143
of the advantages of this action in preference to others, ib.
its disadvantages, 114
the pleadings in general, &c. 146
II. Trover, 146 to 161
general observations, 145
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
3, a right of possession, 152
3, the injury, 151 to 161
1, wrongful taking, 151
2, wrongful assumption of property, 154
by and against a tenant in common, 156
2, of a wrongful detention, and herein of a demand and
refusal, ib.