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[References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.)

Costs (continued).
statutory limitation of right, 1899.

what statute governs as to costs, 1899.
unliquidated demands, 1900.
verification of memorandum of costs (form), 1887.
writ of execution for fees and costs (form), 1891.

Counterclaim (or set-off).

counterclaim or set-off (form), 89.
counterclaim-generally, 81.

as affecting costs, 1900.
by assignee of directors of a corporation, 601.
demurrer to-Iowa practice, 90.
in excess of plaintiff's demand, 91.
filing of, with answer, 90.
judgment upon, 88.
judgment upon, in excess of plaintiff's demand, 88.
jurisdictional amount as affecting, 91.
misjoinder of causes of-or causes not separately stated (form), 25.
omission to set up-effect of, 84.
objection to—when proper to be raised, 90.
reply to, by general denial, 28.
waiver of, objection to, 90.
when may be set up, 81.

when benefit is not affected by death or assignment, 85.
facts insufficient to constitute a defense or counterclaim (form), 26.
former judgment as defense and counterclaim in divorce, 499.
joinder of defenses or counterclaims-joint demurrer and answer, 86.
plea in bar as set-off to action by administrator upon contract of purchase

and sale, 1032.
reply to set-off or counterclaim, 91.

issues of waiver and estoppel raised upon reply to counterclaim, 91.
set-off and counterclaim-in assumpsit, 90.

statutory distinction between, 90.
in ejectment, 1135.
for negligence (form), 1478.

in action upon promissory note (form), 1394.
set-off-requisites of, 90.

common-law remedy of, 1294.
right of, statutory, 89.
rule under Texas procedure, 89.
against contract to which plaintiff is not a party, 90.
against a nominal party in partnership and accounting, 1324.
held not to include unliquidated damages, 89.
of value of improvements made on property held adversely, 765.

(References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.)

Counties and county officers, actions by and against. See Municipal corpora

tions; Public officers.

Counts in pleading. See, also, Debt, actions for.

cause of action against a city stated in quantum meruit, 661.
common count is good pleading under the code, 33.
general rule as to findings on separate counts, 1883.
stating cause of action, 32.

Courtesy (curtesy). See Property of husband and wife, actions relating to.

Courts.--See Jurisdiction.

Covenants, title and possession of real property.
actions relating to, generally, 1075.

by owner or occupant of dominant tenement, 1075.
by owner of servient tenement, 1076.
for injuries to the inheritance, 1076.
to reclaim bank of stream severed from owner's lands, 1079.

to recover possession of land and mesne profits (form), 1084.
allegation of ownership of land, 1089.
apportionment of covenants running with the land, 1079.
complaint-for breach of covenant against encumbrance of judgment

(form), 1083.
for breach of covenant against encumbrances of mortgage (form), 1081.
for breach of covenant for quiet enjoyment (form), 1081.
for breach of covenant of seizin (form), 1080.
for breach of covenant of warranty-deficiency in quantity (form),

1080.
for breach of covenant of warranty-failure of title (form), 1081.

in action to recover taxes agreed to be paid by lessee (form), 1116.
damages-detriment caused by wrongful occupation of real property, 1731.
measure of, for breach of covenant of seizin-action for breach of

covenant against encumbrances, 1089.
defenses-(1) denials, (2) bar of statute of limitations, (3) adverse pos-

session, (4) former adjudication-action for restoration of lands

and for value of rents and profits (form), 1085.
eviction not essential in action for breach of covenant of seizin, 1089.
extinguishment by disuse of right of way, 1089.
judgment for plaintiff and intervener-action to have it adjudged that a

deficiency judgment, docketed against plaintiff's land, is not a lien
thereon, and for an injunction restraining defendants from selling

said land upon an execution (form), 1088.
owners of ditches, flumes, etc.— liability to each other, 1077.
plea of estoppel, 1084.
pleading assumption of indebtedness as real consideration for convey.

ance, 1089.

(References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.)

Covenants, title and possession of real property (continued).

pleading execution and delivery of deed, 1089.
prayer in action for restoration of lands and for value of rents and

profits, 1087.
removing subjacent support-notice, 1090.
right to lateral and subjacent support, 1077.

Creditors' suits. See Fraudulent transfers and assignments.

Cross-complaint.

cross-complaint (or cross-petition] generally, 91.
affirmative matter, when not subject to cross-complaint, 95.
answer and cross-complaint against plaintiff (form), 93.
cross-bill not included in Montana practice, 95.
cross-complaint-between defendants (form), 94.

in action to quiot title, 793.
in ejectment (form), 1123.
in foreclosure (form), 711.
upon pre-nuptial contract, 520.
against third party not named in the action (form), 94.

procedure when filing, 91.
cross-petition in action at law tendering equitable issues, 95.
demurrer to answer and cross-complaint-specifying bar of the statute

(form), 26.
denial of matters in cross-complaint-when not necessary, 95.

Cruelty. See Divorce (causes for).

Curtesy. See Property of husband and wife, actions relating to.

Damages. See, also, Damages for wrongs.

acceptance of principal waives claim to interest, 1721.
amendment as to damages-general rule, 108.
averment as to irreparable injury caused (form), 1202.
averment of loss of time, 1742.
averments as to damages for breach of contract to purchase oil (form),

1258.
compensatory relief-nature and extent of, 1716.
damages-generally, 1716.

allowance of interest as, 1743.
contracts fixing, generally void-exception, 308.
for breach of agreement to buy real estate, 1727.
for breach of agreement to convey real estate, 1727.
for breach of agreement to deliver personal property not paid for, 1728.
for breach of agreement to deliver personal property paid for, 1728.
for breach of agreement to accept and pay for personal property sold,

1728.
for breach of buyer's agreement in conditional sale, 1729.

(References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.]

Damages (continued).
damages-for breach of carriers' obligations, 1724.
for breach of carrier's obligation to accept freight, passengers, etc.,

1724.
for breach of carrier's obligation to deliver freight, 1724.
for breach of contracts, generally, 1722.
for breach of contract to buy, 1743.
for breach of contracts relating to real property, 1725.
for breach of contracts relating to personal property, 1728.
for breach of promise of marriage, 1723.
for breach of warranty of agent's authority, 1723.
for breach of warranty of quality of personal property, 1730.
for breach of warranty of quality for special purpose, 1730.
for breach of warranty of title to personal property, 1729.
demand for not necessary, 1743.
interest in actions not arising from breach of contract, 1719.
interest recoverable with, 1719.
measure of, for breach of contract, 1722.
must be ascertainable, 1722.
must be reasonable, 1718.

rate stipulated by contract-when superseded, 1719.
detriment-defined, 1717.

caused by breach of covenant against encumbrances, 1726.
caused by breach of covenant of seizin, etc., 1725.
caused by carrier's delay in delivery, 1725.
for breach of obligation to pay money, 1723.
person suffering, may recover damages, 1716.

resulting, or certain, after suit brought, 1717.
duel-damages for detriment caused by, 1741.
duel-liability to pay debts of person slain or permanently disabled in,

1742.
exemplary damages-allegation as basis for exemplary damages, 1743.
future earnings as element of damages, 1742.
liquidated damages, 1743.
limitation of damages, 1717.
nominal damages, 1718.
personal injuries caused by known defect, 1743.
pleading damages, 1743.
profits as general damages, 1248.
"proximate cause" defined, 1742.
punitive damages, 1743.
special damages, 1742.
speculative damages, 1743.
value, how estimated in favor of seller, 1717.
"wilful"-meaning construed, 1743.

(References are to pages. Vol. I, pages 1-1238; Vol. II, pages 1239-1969.)

Damages for wrongs.
damages for wrongs-generally, 1730.

for assault, 368.
for breach of obligation not arising from contract, 1730.
for conversion, to party having lien, 1733.
for firing woods, 1740.
for seduction, 1734.
for wilfully holding over and for failure to quit after demand and

notice, 1738, 1739.
for wilful or negligent injuries to animals, 1738.
damages (additional) arising out of a tort, 108.
detriment caused by conversion of personal property, 1733.
detriment caused by wrongful occupation of real property, 1731.
exemplary or punitive damages, 1737.
injuries caused by dogs, etc., to other animals, 1734.
measure of damages-for injuries to trees, etc., 1740.

for wilfully holding over, 1732.
penal damages, 1737.
presumption as to wrongful conversion, 1733.

Death by wrongful act. See, also, Transitory actions.
actions, generally-for benefit of widow and children, 202.

for death of one not a minor, caused by wrongful act of another, 194.
by husband as heir of wife, 203.
by personal representative-Oklahoma statute, 202.
under Arizona statute, 1503.
existence of beneficiaries designated by the statute must be alleged,

1503.
alternative methods of prosecuting action, 203.
code rule-origin of, 201.
complaint-against common carrier by representative of decedent, for

damages for wrongful death-decedent a passenger on defend-

ant's train (form), 1494.
by heir at law against street railway corporation, for damages result.

ing from the death of a minor child caused by negligent opera-

tion of street-cars (form), 1496.
by husband and minor children, to recover damages for death of

wife and mother of said minors (form), 1498.
by representative, for wrongful death caused by collision (form), 1495.
must show that there are heirs, 202.

provisions of the North Dakota statutes, 201.
damages-statutory limitation upon, 1505.
defenses-contributory negligence of parent, 1505.

assumption of risk and contributory negligence of deceased, 1505.
existence of beneficiaries--when not required to allege, 1503.
judgment for plaintiff upon verdict (form), 1501.

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