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

Death by wrongful act (continued).

measure of compensation to minors for death of parent, 1505.
parties to action-common-law rule, 201.

special administrator as “personal representative,” 202.

when all heirs are necessary parties, 1503.
passenger in automobile-death resulting from negligence, 1505.
replication in action by administrator, for wrongful death of passenger

on overloaded street-car (form), 1500.
statutory requirements must appear in the petition, 1502.
substitution of representative for heirs as parties, 1503.
time in which suit must be brought, 1502.
unskilful treatment of patient, 1505.

Debt, actions for. See, also, Sale and purchase; Fraud and deceit (defenses).
assumpsit-pleading at common law, 1287.

sufficiency of pleading under the code, 1287.
lies after part performance, 1287.

partner may maintain against copartner, 1287.
complaint action for debt-common count (form), 1277.
against husband and wife, for goods sold to wife for her separate

estate (form), 1281.
for reasonable value of goods sold (form), 1279.
to recover for goods delivered to third person at defendant's request

(form), 1279.
to recover where credit was given (form), 1279.
for balance on goods sold and delivered at an agreed price (form), 1280.
for goods sold and delivered by a corporation to a partnership, and

to a partner as an individual (form), 1283.
defense--former judgment (form), 1285.

general denial (form), 1285.
as to agreement to take note in part payment (form), 1285.
'educing value, or amount promised, and pleading payment, or offer

to pay (form), 1284.
that credit is unexpired (form), 1284.
denial of indebtedness (form), 1286.
denial of plaintiff's title (form), 1284.
non-delivery under general denial, 1288.

Deceit. See Fraud and deceit.

Decrees. See Judgments.

Deed as a mortgage. See Foreclosure of mortgages on real property.

Defamation. See Libel; Slander.


application for entry of default (form), 1824.
clerk's entry of default of defendant for failure to appear (form), 1824.

(References are to pages.

Vol. I, pages 1-1238; Vol. II, pages 1239-1969. ]

Defaults (continued).

effect of entry of default, 1827.
issues of law preclude default, 1827.
judgment of default-entry by clerk—(form), 1877.
order on stipulation, setting aside default judgment (form), 1825.
stipulation to set aside judgment by default and to reopen cause (form),

remedies against default judgment, 130.

Defect of parties. See Joinder, misjoinder, and non-joinder of parties.

Defendants. See, also, Parties in interest; Joinder, misjoinder, and non-

joinder; Definiteness and certainty.
action upon joint and several contract, 245.
objection to joinder of necessary party–when waived, 245.
parties defendant-general rule as to joinder of, 244.
persons not necessary parties, 244.
rule as to multifariousness, 244.
special Wisconsin statute construed, 245.

Defenses, generally. See, also, Accord and satisfaction; Adverse possession

as defense; Duress; Estoppel; Former judgment; Laches; Pen

dency of action, defense of; etc.
affirmative defenses generally-Missouri statute, 329.
alternative defenses, 68.
consistency of actions and defenses-inconsistent pleas under Texas prac-

tice, 145.
defenses in general, 1432.

to instruments assigned, 182.
absence of free consent through duress, menace, fraud, undue influence,

or mistake, 298.
alteration or cancelation of contract, 312.
no jurisdiction of the person-foreign consul (form), 57.
based upon rescission of contract, 310.
to contracts void or invalid-statute of frauds, 315.
unconstitutionality of statute upon which right of action is based, 69.
to actions founded upon contract, 278.
defense founded on written instrument, 157.

federal rule as to stockholder setting up defense of ultra vires, 274.
defenses in particular cases--coverture where plaintiff sues alone (form),

averring destruction of building before completion, 1095.
in action for specific performance of contract to convey land (form),

fraudulent representations—inadequate and unfair consideration in

specific performance, 1767.

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

Defenses, generally (continued).
defenses in particular cases-ownership of waters through grants of lands

embracing all subterranean waters within the limits of a defined
artesian basin-action to enjoin alleged diversions of water from

an artesian basin (form), 1208.
prescriptive right to use of waters (form), 1212.
riparian right to waters (form), 1213.
voluntary abandonment of office, in action for reinstatement as a police

officer (form), 666.
to suppress common nuisances and immoral practices, 747.
in actions of specific performance relating to sale of mining property

(form), 1769.
in actions relating to trusts and trustees, 1152.
equitable defenses in ejectment, 1135.
fraud as a defense must be set up, 1583.
inconsistent defenses—Iowa practice, 145.
objection to inconsistent defenses—how raised, 128.
laches must be pleaded as a defense, 1432.
laws of a foreign state-defense involving issue of (form), 266.
matter of defense, when deemed denied, 36.
misjoinder, defense of, in actions relating to water-rights (form), 1209.
motion to elect between defenses delayed until time of trial, 146.
plea of the statue in support of an equitable defense, 275.
pleading statute of limitations as defense (form), 57.
ultra vires of corporation (form), 266.

estoppel of corporation to make defense of, 274.

Definiteness and certainty.

cause stated as basis of recovery-general rule, 128.
demurrer when treated as motion, 144.
remedy to obtain definiteness and certainty, 144.

uncertainty and indefiniteness reached only by motion, 128.
test of consistency of defenses, 127.
relation of inconsistent defenses to motion for judgment on the plead-

ings, 1885.
theory of action or defense-complaint should proceed upon definite and

distinct theory, 127.
uncertainty, construed to support judgment, 175.
vague and indefinite pleading, 145.

Delivery bond. See Bonds and undertakings.


suit as demand, 32.
objection to manner of pleading, 32.
where demand is unnecessary, 32.

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

Demurrer to the answer.

demurrer to he answer generally, 21, 36.
general and special demurrer to answer (form), 26.
grounds of demurrer to the answer, 24.

waiver of demurrer to answer by replying over, 36.
Demurrer to complaint. See, also, Statute of limitations.

ambiguity and uncertainty, 66.
ambiguity-ground of (form), 43.
challenging sufficiency by oral objections, 65.

demurrer and motion not interchangeable, 61.
demurrer-in general, 21, 61.
another action pending-Iowa, Kansas, Missouri, Washington, Wis.

consin, Wyoming (form), 42.
causes not separately stated (form), 43.
court has no jurisdiction of the person (form), 41.
court has no jurisdiction of subject of the action (form), 42.
defect of parties (form), 42.
facts insufficient to constitute cause of action (form), 43.
incapacity of plaintiff to sue (form), 42.
misjoinder of causes (form), 43.
misjoinder of parties (form), 42.
plaintiff not a necessary party (Missouri) (form), 47.
upon the grounds-first, want of plaintiff's legal capacity to sue; sec-

ond, that the petition does not state facts sufficient to constitute
a cause of action; third, misjoinder of alleged causes of action

(form), 45.
to petition-Iowa code (form), 46.
not interposed-subsequent averments and variance, 130.
Washington statute construed, 130.

California practice, 130.
distinction between demurrer and motion for judgment on the plead.

ings, 61.
effect of demurrer-admits truth of facts properly pleaded, 63.

denies efficacy in law as justifying relief prayed for, 63.

only necessary averments admitted, 63.
failure to obtain ruling on demurrer, 63.
general demurrer-for insufficiency-Iowa statute, 64.

to petition in equity-Iowa code (form), 46.
grounds of demurrer generally, 39.
insufficiency, question on demurrer for, 64,
intendments, 63.
matters considered on demurrer, 61.
matters of form disregarded, 64.
notice of overruling demurrer and order granting time to answer, 1831.
misjoinder of causes, 66.
objections not appearing on face of complaint, 47.

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

Demurrer to complaint (continued).

objections when deemed waived-exceptions, 48.
order sustaining demurrer without leave to amend, and granting motion

for judgment on the pleadings (form), 1878.
provisions of the Iowa statute, 61.
ruling upon demurrer, effect of, 67.
"speaking demurrer,” 62.
special demurrer must specify particulars, 65, 66.
specifying grounds of demurrer, 43.
stipulation that demurrer be overruled-effect of, 65.
sufficiency of motion not tested by demurrer, 61.
sustaining demurrer, as to pendency of the action, 67.
test upon general demurrer interposed, 64.
test of sufficiency where demurrer is not interposed, 64.
waiver of demurrer by answering over, 62.
waiver-effect of, 62.

Demurrer to reply. See, also, Demurrer to complaint.
demurrer to reply-in general (form), 59.

for insufficiency (form), 59.

Denials. See Answer.

Deposit. See Deposit in court; Bailment or deposit.

Deposit in court.

in general, 1713.
motion to deposit money, or other personal property, in court (form), 1714.
order for deposit in court, or the delivery to another party, of money or

other property (form), 1715.

affidavit-for taking the deposition of a resident witness (form), 1841.
upon taking deposition of defendant as witness for plaintiff (form),

with application for commission for the taking of the deposition of

a non-resident witness (form), 1842.
commission to take deposition of witness (form), 1843.

certificate of commissioner to deposition, 1847.
deposition of witness—annexed to the commission (form), 1846.

instruction to commissioner (form), 1843.
notice of taking of deposition (form), 1842.
stipulation of counsel to take depositions (form), 1840.

Desertion. See Divorce (causes for).

Destroyed corporation records. See Lost or destroyed corporation records.

Detainer. See Forcible entry and unlawful detainer.

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