----

for the settlement of

on several contracts, 306; — for torts, 307-314; -
decedents' estates, 315; — in certain special actions, 316.

-

-

Defendants in actions against husband and wife, or wife alone, 318-328;
general nature of the legislation, 318; - action against wife concerning her
separate property, 319, 323; for torts of wife, 320;- for torts done in
connection with her property, 321; — rules in New York and certain other
States, 323;—in Indiana, 324; — in actions concerning homesteads, 325;
sole traders in California, 326; for wife's debts when single, 327; — sepa-
rate defences by wife when sued with her husband, 328.

-

-

--

Defendants in equitable actions, 329-387; — general principles, necessary.
and proper parties distinguished, 329-332, 486–490; — in actions to foreclose
mortgages, 333-345; — general doctrine, 333-335;
mortgagor and his
grantees, 336, 337; — heirs and representatives, 337, 338; — assignors, 339;
-holders of notes secured by the mortgage, 340; -occupants of the land,
341;-subsequent and prior incumbrancers, 342; - wives of mortgagor and
of subsequent owners, 343, 344; case of homesteads, 345.
Creditors' actions, 346-350; nature of, 346;-judgment debtor or his
representatives, 347, 350; — his assignees, 348, 349; — and trustees, 350.
Actions concerning decedents' estates, 351-355; when administrator,
&c., a sufficient party, when heirs are necessary, 352, 353; — when legatees,
distributees, or creditors, not proper, 354; — when beneficiaries, legatees,
&c., necessary, 355.

-

-

-

Actions involving trusts, 356-359; the trustee necessary, 356; when
beneficiaries are and are not necessary, 357, 358; actions to enforce implied

trusts, 359.

Actions against corporations and stockholders, 360–365; -to wind up the
corporation, &c., 360, 361; — by judgment creditors against stockholders
personally liable, 362;-by stockholders against the corporation and its
officers to set aside fraudulent transactions, 363; - for an accounting, 365.
Actions for a specific performance, 366-368; - the parties to the contract,
their heirs and representatives, 366; — persons acquiring subsequent interests,
366-368; - heirs or representatives of vendor and vendee, 367.

-

-

Actions to quiet title, 369-372;— all adverse claimants to be joined, 369,
370, 372; in actions to correct mistakes in deeds, &c., 371.

Actions for partition, 373–377; general rules of equity, 373, 374; — when
lien-holders may be joined, 375; — wife of a tenant in common, 376; - when
personal representative of a deceased tenant in common may be joined, 376; —
law in Indiana and in California, 377.

- for

Actions relating to partnership matters and for an accounting, 378; -
a rescission or cancellation, 379–381; — for the enforcement of liens, 382-
381;- mechanics' liens, 382; — pledges of securities, 383; for contribu-
tion, 385; - by tax-payers, 386; to redeem, 387.

Defendants severally liable on the same instrument, 402-110 (see SEV-
ERAL LIABILITY ON THE SAME INSTRUMENT).

DEMURRERS, for misjoinder of causes of action, 443-445; — joint or separate,
577; special, abolished, and motion substituted for, 596.

DENIALS, defence of, 610-685; -kinds of, 610, 611; - divisions of the sub-
ject, 611, 612; — external forms of, general or specific, 613; — specific de-

-

-

-

-

nials, nature and objects of, 614-616; issues formed by, 615, 616; -mode
of alleging separate specific denials, 717-720; — allegations admitted by a
failure to deny, 617; denials in form of a negative pregnant, 618-623; —
negative pregnant defined, 618;- cases holding that such denials form no
issues, 619-621; - contrary cases, 622; - argumentative denials and specific
defences equivalent to the general denial, 624–632; — argumentative denials
described, 624-627; examples, 628; -special defences equivalent to the
general denial, 629, 630; — Indiana rule, 631, 632; - denials of all allega-
tions not otherwise admitted, &c., discussed, 633–636; — what allegations to
be denied, 637–639; - denials of knowledge or information, &c., 640, 641;
form of, 640; — when proper, 641; some special statutory rules, 683–
685; - denying corporate existence, 683; —do., partnership in Wisconsin,
683; in actions on written instruments in Indiana, 684; - do. in Iowa, 684;
-general denial cannot be treated as sham, 685;— the general denial, issues
raised by it, and defences provable under it, 642-682 (see General De-
NIAL).

-

-

DEVISEES, when joined as plaintiffs in equitable actions, 264.
DISCHARGE in bankruptcy, defence of, new matter, 712.

E.

EJECTMENT by equitable owner of lands, 98–106.

ELECTION between actions ex contractu and those ex delicto, 567–573, 801
(see PLEADING, GENERAL PRINCIPLES OF, and COUNTERCLAIM).

EQUITABLE ACTIONS, plaintiffs in, 247-270 (see PLAINTIFFS, Joinder of);
defendants in, 329-387 (see DEFENDANTS, JOINDER OF) ; — allegations in,
527, 528.

-

EQUITABLE ASSIGNEES, suits by, 127, 140.

EQUITABLE CAUSES OF ACTION, distinguished from legal, 521, 522.
EQUITABLE COUNTERCLAIM, 764–767, 802, 803 (see COUNTERCLAIM).
EQUITABLE DEFENCES, 87-97; - former mode of defeating a legal action
by an equitable right, 87;
whether
· nature of an equitable defence, 88–90 ;
it requires affirmative relief or a right to it on the part of the defendant, 91;
in actions on contract, 93;
examples of, 92–96;
in actions to recover
land, 94 ; — in actions by vendors, 95; — in other actions, 96;— when affirma-
tive relief will be granted to defendant, 97.

-

--

-

-

EQUITABLE ESTATES, actions by holders of, 262; — legal action by hold-
ers of, 98-106 (see CIVIL ACTION).

EQUITABLE AND LEGAL actions, union of, 45-64; as established by
judicial construction, 65–75; — rights and remedies united in the civil action,
76-86 (see CIVIL ACTION).

EQUITIES, latent, between assignors and assignees, 158-161.

-

EQUITY, nature of determined, 45-53 (see CIVIL ACTION); — do. pleading,
principles of, 507.

ESTATES of deceased persons, defendants in actions concerning, 315; - do.
equitable actions, 351–355.

ESTOPPEL, against assignor of things in action, 160, 161; - defence of, new
matter, 712.

EVIDENCE, not to be alleged in pleading, 526–528 (see PLEADING, GENERAL
PRINCIPLES OF); - admissible under the general denial, 670-673 (see GEN-
ERAL DENIAL).

EX CONTRACTU, actions, 558-564; - election to use, 567–573.

EX DELICTO, actions, 558-564;

--

- election to use, 567–573.

EXECUTORS and administrators, suits by, 181; — equitable actions by, 252.
EXPRESS TRUST, trustee of, action by, 171-182 (see TRUSTEE OF AN Ex-
PRESS TRUST).

F.

FACTS, constituting the ground of relief to be alleged, 517, 526-528; - what
constitute the cause of action, 523–525; — should be alleged as they actually
existed, and not their legal aspect or meaning, 529; -issuable, and not legal
conclusions, to be denied, 637-639 (see PLEADING, GENERAL PRINCIPLES of,
and DENIALS, Defence of).

FAILURE OF PROOF, total, 556–564 (see PLEADING, &c.).

FORECLOSURE, plaintiffs in actions of, 255, 256; - defendants in do., 333-
345 (see DEFENDANTS, JOINDER OF).

FORMER judgment, or recovery, defence of, new matter, 702.
FRAUDS, counterclaims of, 787.

G.

-

GENERAL DENIAL, specific defences equivalent to, 627-632; — of all allega-
tions not otherwise admitted, &c., 633-636:

The issues formed by it, and what may be proved under it, 642-682 ; ·
same rules applicable to general and to specific denials, 642;-general
denial compared with the common-law general issues, 643, 644; - general
issues described, 645–655;· - their general character, 656.

Nature and office of the general denial, and the issues formed by it, 657-
669; case of McKyring v. Bull, 657-659; - other cases describing the
general denial, 660-664; - doctrine of the California courts, 665;-effect
of the general denial, what it forces the plaintiff to prove, and what permits
defendant to prove, 666; — puts in issue only material, issuable facts, 667,
668; not conclusions of law, 669.

-

--

-

-

----

General nature of evidence and defences provable, 670–673; effect of
the general denial depends upon the allegations by the plaintiff, 670, 671;
what cannot be proved, 672, 673;- some particular defences held admissible,
674-682; - in actions for services, &c., 674;- for injuries through negli-
gence, 675;-
-on notes, and for goods sold, 676; - for conversion of chat-
tels, 677;— to recover possession of chattels, 678; -do. of lands, 679; –
for malicious injuries, 680; — in certain equitable actions, 681; - other
miscellaneous actions, 682;- cannot be treated as sham, 685.

GENERAL ISSUES, compared with the general denial, 643, 644; — described,
645-655; - general character of, 656.

GRANTEE of land, suit by in name of grantor, 143.

GUARANTOR, whether he can be sued jointly with the principal debtor, 409,
410.

GUARDIANS, suits by, 182.

H.

HEIRS, plaintiffs in equitable actions, 264.

HUSBAND and wife, actions by, 234-246 (see PLAINTIFFS, JOINder of);
defendants in actions against, 318-328 (see Defendants, Joinder of).

I.

IMPLIED promise, allegation of, 538-541.

INCONSISTENT defences, 722-725.

INFANTS, suits by guardians of, 182, 192, 193.
INFORMATION or belief, denial of, 640, 641.

INSTRUMENT, persons severally liable on the same, 402-410 (see SEVERAL
LIABILITY, &c.)

INSUFFICIENT allegations, 548-550 (see PLEADING, GENERAL PRINCIPLES
OF).

-

INTERVENTION, 423–431;— provisions of the codes, 413; nature of pro-
visions found in the codes generally, 423-425; — when such intervention
permitted, 424;— examples, 425; — Iowa and California system, 426–431;—
cases illustrating, 426;- general principles of this system, 427-430; — cases
in Louisiana, 429 (note); cases in California, 430 (note) ; — importance
of this system, 431.

-

IRRELEVANT and immaterial allegations, 551, 552.

-

J.

-

-

JOINDER OF CAUSES OF ACTION, 437–505; —provisions of codes, 438-
440; how a misjoinder may occur, and be objected to, 442-451;-causes
of action to be separately stated, 442; — when demurrer proper, 443; — effect
of sustaining a demurrer, 443–445; — forms of misjoinder, 446;
- proper
causes of action mingled in one count, 447;— causes of action separately
stated, but improperly joined, 448, 449;- improper causes of action mingled
in one count, 450, 451.

-

Cause of action defined, when only one is stated, although different reliefs
are demanded, 452–462; - not defined by the courts, 452; - elements of the
action which form the "cause," 453, 454; test by which to determine the
number of causes of action, 455–457; cases in which there was one cause
of action, but several reliefs demanded, 458–462.

Joinder of causes of action arising out of the same transaction, &c., mean-
ing of these terms, 463-478; - general nature of the cases described by this
clause, 463, 464; — judicial interpretation of the clause, 465-471;- meaning
of "transaction,” 472-474; — and of "subject of action," 475; — examples
of causes of action arising out of the same transaction, &c., 476;- do. not so
arising, 477; - what allegations by the plaintiff are necessary, 478.

--

When the proper joinder of the causes of action is connected with the
proper joinder of parties, 479-490; need not affect all the parties alike,
480; -examples of misjoinder, 481-484; examples of a proper joinder,
485; doctrine of multifariousness discussed, 486;-positions of Mr. Cal-
vert examined, 487-190.

-

JOINDER OF CAUSES OF ACTION continued.

-

When all the causes of action are against one defendant, or against all
the defendants alike, 491-505 ; · in actions on contract, 492, 493; - election
between tort and contract, 493; - in actions relating to lands, 494; — for
injuries to property, 495; - for injuries to character, 496; special cases,
497; — law of Indiana and Iowa, illustrations of, 498, 499; — examples of
improper joinder, 500, 501;- causes of action must affect the parties in the
same capacity, 502; - miscellaneous cases, 503–505.

-

-

JOINDER OF DEFENDANTS, 271-387 (see DEFENDANTS, Joinder of).
JOINDER OF PLAINTIFFS, 183-270 (see PLAINTIFFS, JOINDER OF).
JOINT ANSWER, 606.

JOINT CONTRACTS, plaintiffs in actions on, 226–228;

299-304.

defendants in do.,

JOINT OWNERS of land, actions by, 218–220; — of chattels do., 221–225.
JOINT RIGHTS, equitable actions by holders of, 254-264.
JOINT AND SEVERAL rights, 184; - do. liabilities, 273-276; — arising from
the same instrument, 408; - do. contract, action against persons liable on,
305; - do. causes of action, when several judgment on is proper, 756–758.
JOINT TORTS, plaintiffs in actions for, 230.

JUDGMENT, several, when can be rendered for or against some of the parties
to a joint action, 756-758;- judgment on a counterclaim, 805.

K.

KNOWLEDGE or information, denial of, 640, 641.

L.

LANDS, action by equitable owner to recover possession of, 98-103;

by owners of, 218–220; — against do., 294-296;- defences of new matter in
actions concerning, 706.

LATENT equities, between assignor and assignees, 158-161.

LAW, conclusions of, not to be denied in pleadings, 637-639; - development
of by means of remedies, 6-24.

LEGAL ACTIONS, joinder of plaintiffs in, 218-233;

294-317; what facts to be alleged in, 526.

-

do. of defendants in,

LEGAL CAPACITY to sue, want of, how objected to, 208.
LEGAL CAUSE of action, distinguished from equitable, 521, 522.

-

LEGAL AND EQUITABLE actions, union of, 45-64; — do. as established by
rights and remedies, union of in one action, 76–86

the courts, 65–75 ;

(see CIVIL ACTION).

LIABILITY, several, on the same instrument, 402–410 (see SEVERAL LIA-
BILITY, &c.).

LIBERAL construction of pleadings, 545–547.

LICENSE, defence of, new matter, 712.

LIENS, holders of distinct, not to be joined as plaintiffs, 270; — defendants in
actions to enforce, 382-384.

LIMITATIONS, statute of, when pleaded, and when taken advantage of by de-
murrer, 713, 714.

LUNATICS, guardians or committees of, suits by, 182.