ACTIONS ON IMPLIED CONTRACTS, allegations of a promise in, 538-

541.

ACTIONS CONCERNING LAND, defence of new matter in, 706.

ACTIONS, LEGAL, joinder of plaintiffs in, 218-233 (see PLAINTIFFS, JOIN-
DER OF); - joinder of defendants in, 294-317 (see DEFENDANTS, JOIN-
DER OF).

ACTIONS LEGAL AND EQUITABLE, facts to be alleged in, 521-528 (see
PLEADING, GENERAL PRINCIPLES OF); -theoretical union of, 45-64;—
union of, as established by judicial construction, 65-75 (see CIVIL ACTION).
ACTIONS TO ENFORCE LIENS, defendants in, 382–384.

ACTIONS FOR PARTITION, defendants in, 373-377 (see Defendants,
JOINDER OF).

ACTIONS IN PARTNERSHIP MATTERS, defendants in, 378.

ACTIONS FOR POSSESSION, of land by equitable owners, 98–103; — do.
of chattels, defence of new matter in, 703; - do. counterclaim in, 764-767.
ACTIONS TO QUIET TITLE, defendants in, 369-372.
ACTIONS TO REDEEM, defendants in, 387.

ACTIONS FOR RESCISSION or cancellation, defendants in, 379–381.
ACTIONS, SPECIAL, plaintiffs in certain, 232, 233 ; — do. defendants in, 316.
ACTIONS FOR SPECIFIC PERFORMANCE, defendants in, 366–368.
ACTIONS BY TAX-PAYERS, plaintiffs in, 142; defendants in, 386.
ACTIONS FOR TORTS, defendants in, 307-314 (see DEFENDANTS, JOINDER
OF); defence of new matter in, 704, 705.

ACTIONS ON TRUSTS, defendants in, 356–359.

-

ADMINISTRATORS and executors, suits by, 181;-equitable actions by,

252.

ADMISSIONS of allegations, 578;— qualified do., 578, 617.

AGENTS, when plaintiffs in actions on contracts, 175-177 (see TRUSTEE OF
AN EXPRESS TRUST).

ALLEGATION, pleading by, 506.

ALLEGATIONS, imperfect or insufficient, 548-550; - do. redundant or irrele-
vant, 551, 552; — do. when admitted by a failure to deny, 578, 617; — do.
defective, when supplied by the answer, 579.

ALLEGATIONS AND PROOFS must correspond, 553-564 (see PLEADING,
&c.).

AMENDMENT, of parties, 411-431 (see NEW PARTIES and INTERVEN-
TION); -- of pleadings, 565, 566.

ANSWER, the, effect of in supplying defects in complaint or petition, 579;

-

the rules and doctrines concerning, 581-808; -provisions of the codes
relating to, 581-591; - do. to the answer in general, 581;— to union of
defences, 582;-to counterclaim and set-off, 583, 584;- to cross-petition,
585;-to the reply, 586-588; - general requisites of, and rules applicable to
all answers, 592-609; — classes of answers, 593; questions of form, and
those of substance, 594-596; - motion substituted for the special demurrer,
596;
- defective answers described, how cured, 597-605; — distinguished
from those which are demurrable, 597, 598; — cured by motion, 599; — de-
cisions illustrating the foregoing rules, 600-605; —joint answer by several
defendants, 606;-joint demurrer to answer, 606; —partial defences, 607–
609;
- must be pleaded, 607;— how pleaded, 608, 609 : - defence of denial,
610-685 (see DENIALS, DEFENCE OF); - defence of new matter, 686-714

-

-

ANSWER-continued.

(see NEW MATTER, DEFENCE OF); - union of defences in same answer,
715-725; - what may be united, 715;- how each defence should be stated,
716-720;- must be complete, 716; -mode of alleging separate specific
denials, 717-720;- what kinds of defences may be joined in one answer,
those in bar and those in abatement, 721; - inconsistent defences, 722-725;
counterclaim, set-off, and cross-complaint, 726-808 (see COUNTERCLAIM
and CROSS-COMPLAINT).

-

ARBITRAMENT and award, defence of, is new matter, 702.

ARGUMENTATIVE DENIALS, 624-632 (see DENIALS, DEFENCE of).
ASSIGNABILITY of things in action, 144-153; not affected by provision of

the codes, 144; - things in action which survive are assignable, 145, 146;
what do survive, and what do-not, 147; - examples of those assignable, 148–
151;-do. not assignable, 152, 153.

ASSIGNEE, of thing in action to be plaintiff, 125-138 (see REAL PARTY IN
INTEREST) ; — do. equitable, action by, 251; — do. in bankruptcy or insol-
vency, equitable action by, 261.

ASSIGNMENT of a thing in action, effect of, upon defences to it, 154-170
(see DEFENCES TO A THING IN ACTION, &c.).

ASSIGNOR and assignee of thing in action, equities between, 158-161.
ASSUMPSIT, pleading in action of, 512.

B.

BAR, defences in, may be joined with those in abatement, 721.

BELIEF, denial of knowledge or information sufficient to form a, 640, 641.
BILLS and notes, actions by assignees of, 128-131.

BRINGING IN NEW PARTIES, 411-431 (see NEW PARTIES, &c., and IN-
TERVENTION).

C.

CANCELLATION, defendants in action for, 579-581.

CAPACITY to sue, want of legal, 208.

CAUSE OF ACTION, the, statement of, by the plaintiff, 432-580 (see Coм-
PLAINT); meaning of, 452-457, 518-525; not defined by judicial deci-

--

sion, 452; - analysis of the action, elements thereof which are the "cause,"
453, 454; test by which to determine whether one or more causes of action
are stated by the plaintiff, 455-457 ;-distinction between legal and equitable,
521, 522; what facts constitute, 523–525 (see PLEADING, General Prin-
CIPLES OF).
CAUSES OF ACTION, joinder of, 437-505 (see JOINDER OF CAUSES OF
ACTION); — do. method of stating separate, in one complaint or petition,
575, 576; — each must be complete, 575; - stating one cause of action in
several counts or forms, 576; joint or separate demurrers to, 577.

counter-

CESTUIS QUE TRUSTENT, equitable action by, 268.
CHATTELS, action by joint owners or possessors of, 221-225 (see PLAINTIFFS,
JOINDER OF); - action against joint owners, &c. of, 297, 298;
claim in action to recover possession of, 761-767; — defence of new matter
in do., 703.

---

-

CIVIL ACTION, the, general nature of, 31-41; - central feature of the re-
formed procedure, 31-34; — its essential elements, its abolition of the dis-
tinction between legal and equitable actions, 35-37; — its parties, 38; — its
pleading, 39, 40;-its judgment, 41.

-

Theoretical unity of legal and equitable actions in one civil action, 45–64;
-nature of equity determined, 45-53; — equitable primary rights, 46–48 ; —
equitable remedies, 49–52; summary of the foregoing discussion, 53;
how far a union of legal and equitable actions is possible, and what it means,
54-64.

-

-

-

Union of legal and equitable actions into one civil action as established by
judicial construction, general nature of the civil action, 65-75; — two schools
of judges, 66; restrictive construction by one, 66, 67; — liberal and correct
construction by the other, abolition of the distinction between legal and
equitable actions, 68-73; - does not abolish the distinction between legal and
equitable rights or causes of action, 68;- nor between legal and equitable
reliefs, 69; - but abolishes the distinction between actions, and establishes
one action for all rights and reliefs, 70–73; this — doctrine as applied to
pleading, 74, 75.

-

Union of legal and equitable rights and remedies in one civil action, 76–
86;-c
-cases arising from such union, 77;— union of both legal and equitable
causes of action and the granting of both legal and equitable reliefs, 78, 79;

-

union of both causes of action and the granting of legal relief only, 80, 81;
- both causes of action alleged, and équitable relief demanded, but legal relief
obtained, 82; — legal relief granted when only equitable was prayed for, 83 ;
- but not unless a legal cause of action is stated, 84; — use of an equitable
right in support of a legal cause of action, 85; - mode of trial of legal and
equitable issues when united, 86.

-

A legal remedy obtained upon an equitable ownership or right, 98-106;
whether equitable owner of land can maintain an action for its possession, 98–
103; action by one partner against another to recover a share of firm prop-
erty, 104; - other actions, 105;- summary, 106.

-

Nature of civil actions, and the essential differences between them, 107-
111; the differences belong to the primary rights and to the remedies, and
not to the forms of the action, 107, 108; — examples, 109; — right of elec-
tion between actions ex contractu and those ex delicto, 110;-impropriety of
retaining the former names of actions, 111.

-

Equitable defences to legal actions, 87-97 (see EQUITABLE DEFENCES).
CODES, provisions of, concerning parties, 113-121;-real party in interest,
124; defences to suit by assignee, 154 ;-trustee of an express trust, 171;
— joinder of plaintiffs, 183; — suits between husband and wife, 234-236 ; —
joinder of defendants, 271; action by or against one as a representative of
all others, 388;-several liability on same instrument, 402, 403; — bringing
in of new parties, 411, 412;- intervention, 413;-complaints or petitions,
432-436;-joinder of causes of action, 438-440 ;
and replies, 581-591.

-

COMMITTEES of lunatics, &c., suits by, 182.

answers, counterclaims,

COMMON COUNTS, use of, 542-544 (see PLEADING, GENERAL, &c.).
COMMON LAW, rules concerning joinder of plaintiffs, 184-193 (see PLAIN-
TIFFS, &c.) ; — do. of defendants, 273-283 (see DEFENDANTS, &c.);—
pleading, principles of, 508-512 (see PLEADING, &c.).

---

-

COMPLAINT or petition, 432-580; - provisions of codes, 432-436; — joinder
of causes of action, 437-505 (see JOINDER, &c.) ; — general principles of
pleading, 506–573 (see PLEADING, GENERAL PRINCIPLES OF) ; — form of the
complaint or petition, 574-580 ; · statement of separate causes of action,
575, 576; — each must be complete, 575; - one cause of action in two or
more counts, 576;-joint or separate demurrers, 577;— allegations admitted,
578;-qualified admission in the answer, 578;- defective allegations sup-
plied by the answer, 579 ;— prayer for relief, 580.

CONNECTED WITH the subject of action, 769-776 (see COUNTERCLAIM).
CONSTRUCTION of pleadings, liberal, 545–547.

CONTRACT, when agent may sue on, 175-178 (see TRUSTEE OF EXPRESS
TRUST);-joint and several rights on at common law, 185-188;— joint,
actions on, 226-228, 299-304 ; · several, actions on, 229, 306; — against
survivors on joint, 302-304;-joint and several, actions on, 305 ; — implied,
actions on, 538-541;-actions on, distinguished from those for tort, 558-
564; election between actions on, and those for tort, 567-573 (see PLEAD-
ING, &c.) ; — defences of new matter in actions on, 707–710; — counterclaims
arising from, 777–780 (see Counterclaim).

CONTRIBUTION, defendants in actions for, 385.

CORPORATIONS and stockholders, defendants in actions against, 360–365.
COUNTERCLAIM, 726-805; classes of, 726, 727;

-

former system, 729-732; -set-off, 729, 730;
duction of damages, 733.

-

cross-demands by the-
recoupment, 731, 732;

-

re-

and uses of the counterclaim, 734–
734-736; — and also other demands,
whether it implies a valid claim by
defendant, 740;— and against the

General description, nature, object,
748;- embraces set-off and recoupment,
737;-
must be a cause of action, 738 ;-
the plaintiff ;- must be in favor of the
plaintiff, 741;- subject-matter of, 742;— judicial constructions, 743–747;
must defeat or interfere with the plaintiff's recovery, 744, 745; — mode of
pleading it, 748.

-

-

Parties in their relations with the counterclaim, 749–762 ; - the defendant,
749-751; the plaintiff, 752–754; — when it may be in favor of one or more
of several defendants, or against one or more of several plaintiffs, 755–762;
one or more defendants, 756, 757; one or more plaintiffs, 758, 759; - rule
in Iowa, 760; — summary of the foregoing, 761; want of necessary parties,
762.

--

Subject-matter of, or nature of the causes of action which may be counter-
claims, 763-803;— may be equitable, 764-767; - in actions to recover pos-
session of chattels, 767; — counterclaims under first branch of the definition,
768-794; interpretation of this clause, "transaction," and "connected with
the subject of action," 769-776; — counterclaims arising from the contract set
forth by the plaintiff, 777-780;-do. from the "transaction," &c., 781-792;
- in legal actions where both parties demand a money judgment, 783-790;
where both are on contract, 783; - where plaintiff's claim is on contract,
and defendant's is for tort, 784-787; — for trespasses, nuisances, or negli-
gences, 785, 786; for frauds, 787; — where plaintiff's claim is for tort, and
defendant's is on contract, 788, 789; - where both are for torts, 790;
actions for possession of lands or chattels, 791;

--

-

-

- counterclaims "connected with the subject of action,” 793, 794.
Counterclaims embraced in the second branch of the definition, and set-offs,

COUNTERCLAIM― continued.

795-803; subject-matter of, 796; -

-

-

when the right of action must accrue
to defendant, 797; — examples of such counterclaims, 798–803 ; election
between actions ex contractu and ex delicto, 801; - equitable, 802, 803;—
miscellaneous provisions, 804, 805; - whether a counterclaim must be pleaded,
804; form of verdict and judgment, 805.

-

COUNTIES, suits by, 179.

CREDITORS' ACTIONS, plaintiffs in, 266–268; — defendants in, 346–350.
CROSS-COMPLAINT, 806-808.

CROSS-DEMANDS (see COUNTERCLAIM).

D.

DAMAGES, recoupment of, 731, 732;-reduction of, 733;— mitigation of,
693-696.

-

DECEDENTS' ESTATES, defendants in actions concerning, 315, 351–355.
DEFECT OF PARTIES, plaintiff, 206, 207; — do. defendant, 287, 288.
DEFECTIVE ALLEGATIONS, when supplied by the answer, 579.
DEFECTIVE ANSWERS, described, and how objected to, 597-605 (see AN-
SWER, &c.).

-

DEFENCE, the, statement of (see ANSWER, DENIALS, NEW MATTER, and
COUNTERCLAIM) ; — do. of denials, 610-685 (see DENIALS); — do. of new
matter, 686-714 (see NEW MATTER).

-

-

DEFENCES, partial, 607–609; - under the general denial, 670–682 (see GEN-
ERAL DENIAL); — in mitigation, how pleaded, 693–696; — in abatement, how
pleaded, 697, 698; may be joined with those in bar, 721;- union of in
same answer, 715–725; — inconsistent, 722-725 (see ANSWER); — equitable,
87-97 (see EQUITABLE DEFENCES).

-

-

-

-

recent cases,

DEFENCES TO A THING IN ACTION assigned, 154-170; -provisions
of the codes, 154;- are not counterclaims, 155; — former rules re-enacted
by the codes, 156; — rule as to defences in favor of the debtor, 157 ; — equi-
ties between successive assignors and assignees, 158–161; -
159-161; doctrine of estoppel against the assignor, 160, 161;
of the discussion, 162; — demands against assignor set off in action by as-
signee, 163-169; - other defences, 170.
DEFENDANT, action against one as a representative of all others interested,
388-401 (see ACTION BY OR AGAINST ONE, &c.);— pleading by (see An-
SWER, DENIALS, NEW MATTER, and COUNTERCLAIM).

-

-

DEFENDANTS, joinder of, 271-387; -provisions of the codes, 271; — com-
mon-law rules, 273-283; concerning joint, joint and several, and several
liabilities, 273-276; — in actions on contract, 277-280; — survivors of joint
debtors, 280; in actions for torts, 281, 282;-in actions against husband
and wife, 283.

--

General doctrines of the reformed procedure concerning joinder of defend-
ants, 284-286; — how questions of nonjoinder or misjoinder are raised, 287–
293;-nonjoinder of defendants, 287, 288;-misjoinder of do., 289–293;
- where the liability is joint, 290–292.

--

Defendants in legal actions, 294-317;- against owners and occupants of
land, 294–296; — do. of chattels, 297, 298; - in actions on joint contracts,

-