I. The Universal Principle of Legal Development in respect to Remedies

and Remedial Rights.

Use of forms; fictions; equity; and legislation.

6-10

II. The Workings of this Principle in the Roman Law.

III. The Workings of this Principle in the English Law.

I. The Reformatory Legislation.

Fundamental principles of the new procedure

II. The General Nature of the Civil Action.

Essential features and principles of the civil action described

Plan and divisions of this work .

25-27

PART FIRST.

THE CIVIL ACTION ACCORDING TO THE AMERICAN

SYSTEM OF PROCEDURE: ITS ESSENTIAL PRINCIPLES

AND FEATURES.

CHAPTER FIRST.

The Principle of Unity in all Judicial Proceedings; Abolition of the Dis-

tinctions between Actions at Law and Suits in Equity, and of the Com-

mon-Law Forms of Action; Adoption of a Single Civil Action for all

Purposes.

Statutory provisions

SECTION FIRST.

A THEORETICAL UNITY IN PROCEDURE; OR, THE THEORY OF AN

ABSOLUTE UNITY OF LEGAL AND EQUITABLE ACTIONS.

The nature of " equity"

Equitable primary rights and remedies compared with legal
Theory of a complete union of legal and equitable actions

SECTION SECOND.

THE GENERAL PRINCIPLES IN RESPECT TO A UNION OF LEGAL AND

EQUITABLE METHODS AS ADOPTED BY THE COURTS: HOW FAR

SUCH A UNION HAS BEEN EFFECTED BY A JUDICIAL INTERPRETATION

OF THE CODES.

Restrictive system of interpretation advocated by certain judges
Liberal and correct system established by the courts

This system as applied to pleading.

SECTION THIRD.

THE COMBINATION BY THE PLAINTIFF OF LEGAL AND EQUITABLE

PRIMARY RIGHTS AND REMEDIES IN ONE ACTION.

44

76, 77

The various cases of legal and equitable causes of action and remedies

united in the same suit, stated and illustrated

78-85

Mode of trial of legal and equitable issues when thus united

86

SECTION FOURTH.

EQUITABLE DEFENCES TO ACTIONS BROUGHT ΤΟ OBTAIN LEGAL

REMEDIES.

Former mode of using an equitable right to defeat a legal action

Nature of an equitable defence; whether it must entitle defendant to

affirmative relief

Examples of equitable defences.

SECTION FIFTH.

A LEGAL REMEDY OBTAINED UPON AN EQUITABLE OWNERSHIP OR

EQUITABLE PRIMARY RIGHT.

Whether the owner of an equitable estate in land can ever maintain a
legal action to recover possession, discussed

Actions between partners, whether the former rule has been changed

Examples of other actions

Summary of the foregoing discussion

SECTION SIXTH.

THE NATURE OF CIVIL ACTIONS, AND THE ESSENTIAL DIFFERENCES

BETWEEN THEM.

Essential distinctions still existing between actions; in what features
these distinctions are found.

37

88-91

92-97

98-103

104

105

106

Provisions of the codes, and the general principles established by them, 113-123

SECTION SECOND.

THE REAL PARTY IN INTEREST TO BE MADE PLAINTIFF.

Provision of the codes :

Discussion of the doctrine that the assignee of a thing in action should

sue in his own name

The person to whom a promise is made for the benefit of another may

sue in his own name

Suits by tax-payers against local officials, &c.; and by the people .

grantee of land in name of the grantor

EFFECT OF AN ASSIGNMENT OF A THING IN ACTION UPON THE DE-

FENCES THERETO.

Provision of the codes. .

Interpretation of this provision; equities and defences in favor of the

debtor

154

155-157

Equities between assignors and assignees; general discussion of the

doctrine

158-162

.

When defendant can set up a claim against assignor as a set-off or

other defence to the assignee.

163-170

SECTION FIFTH.

WHEN A TRUSTEE OF AN EXPRESS TRUST MAY SUE.

"Trustee of an express trust" defined

171-174

Suits by persons" by whom, &c., a contract is made for the benefit of

another "

Suits by other trustees.

175-177

178

public officers, &c.; by "persons expressly authorized by

Common-law rules as to joinder of plaintiffs; joint right.

Fundamental principles of the codes as shown by their language

General theory of interpretation established by the courts

How questions as to misjoinder or nonjoinder of plaintiffs are raised.

Rules as to Plaintiffs in Particular Classes of Cases.

183 -

184-193

First. Union or Separation of Plaintiffs in Legal Actions.

I. Actions by owners in common, or joint-owners of land

II. Actions by joint-owners of chattels

III. Actions by persons having joint rights arising from contract.

IV. Actions by persons having several rights arising from contract.

V. Actions by persons having joint rights arising from personal torts,

VI. Actions by persons having several rights arising from personal

torts

VII. Actions in special cases

Second. Actions by and between Husband and Wife.

Statutory provisions in various States.

Interpretation: cases discussed in which a wife may sue alone, or with
her husband; when she may sue her husband

Third. Equitable Actions.

226-228

229

230

231

232, 233

234-236

237-246

Doctrines and rules as to plaintiffs in equitable actions fully discussed, 247-270

SECTION SEVENTH.

WHO MAY BE JOINED AS DEFENDANTS.

Provisions of the codes: divisions of the subject

Common-law rules as to the joinder of defendants

General principles of the reformed procedure

How questions of misjoinder and nonjoinder are to be raised
Effect of a nonjoinder; bringing in the necessary parties.

First. Rules as to Defendants in Legal Actions.

I. In actions against owners or occupants of land

II. In actions against owners or possessors of chattels

III. In actions upon contract, joint liability. .

IV. In actions upon contract, joint and several liability .

V. In actions upon contract, several liability.

VI. In actions for torts.

271,272

273-283

284-286

287-292

293

294-296

297, 298

299-304

305

306

307-314

315

316, 317

318, 319

Discussion of cases when wife may be sued alone; when sued with her

husband

VI. Actions against corporations and stockholders; and between