dian to give additional security for the faithful discharge of his trust, before receiving money or property of the infant, under a judgment or order in the action. Following rule 66.

§ 477. Liability of defendant's guardian for costs. -A person appointed guardian, as prescribed in this article, for an infant defendant in an action, is not lia ble for the costs of the action, unless specially charged therewith by the order of the court, for personal mis conduct.

3 B. 8. 447, 13 (3 Bdm. 466). See Leopold v. Meyer, 19 Abb. B. 6., 8 Hills. 180.

CHAPTER VI.

PLEADINGS IN COURTS OF RECORD, INCLUDING COUNTERCLAIMS.

TITLE I.-THE CONSECUTIVE PLEADINGS IN AN AC

SEC. 478. First pleading to be complaint.

479. Copy complaint, when to be served.

480. Consequence of failure.

481. Complaint; what to contain.

482. When interlocutory and final judgment may be demanded.
483. Causes of action to be separately stated.

484. What causes of action may be joined in the same complaint.

478. First pleading to be complaint.-The first pleading, on the part of the plaintiff, is the complaint. Co. Proc., § 141.

$479. [Amended, 1877.] Copy complaint, when to be served. If a copy of the complaint is not delivered to a defendant, at the time of the delivery of a copy of the summons to him, either within or without the State, his attorney may, at any time within twenty days after the service of the summons is complete, serve upon the plaintiff's attorney a written demand of a copy of the complaint, which must be served within twenty days thereafter. The demand may be incorporated into the notice of appearance. But where the same attorney ap

pears for two or more defendants, only one copy of the complaint need be served upon him; and if, after service of a copy of the complaint upon him, as attorney for a defendant, he appears for another defendant, the last defendant must answer the complaint within twenty days after he appears in the action.(1)

Substitute for part of 130, Co. Proc. See post, 824. (1) Mackay v. Laidlaw, 13 How. 129; Paine v. McCarthy, 3 T. & C. 755; 8. c., 1 Huo 78; Engs . Overing, 2 Code B. 79; Travis v. Tobias, 7 How. 90. (2) Ferris v. Soley, 23 How. 422; Walsh v. Kursheedt, 8 Abb. 418; Luce . Trempert, 9 How. 212.

§ 480. Consequence of failure. If the plaintiff's attorney fails to serve a copy of the complaint, as prescribed in the last section, the defendant may apply to the court for a dismissal of the complaint.

New. See 22 821, 822, post.

§ 481. Complaint; what to contain. The complaint must contain:

1. The title of the action, specifying the name of the court in which it is brought; (1) if it is brought in the supreme court, the name of the county, which the plaintiff designates as the place of trial;(2) and the names of all the parties to the action, plaintiff and defendant.(3) 2. A plain and concise statement of the facts, constituting each cause of action, without unnecessary repe tition.

8. A demand of the judgment to which the plaintiff supposes himself entitled.(4)

Oo. Proc., 142, am'd. (1) Overrules Van Namee v. People, 9 How. 198; Merrill. Grinnell, 10 id. 31; Van Benthuysen v. Stevens, 14 1d. 70. (2) Merrill. Grinnell, 10 How. 32; Hotchkiss v. Crocker, 15 id. 336; Davison 7. Powell, 13 1d. 288; Dorman v. Kellam, 14 1d. 184; s. c., 4 Abb. 202. (3) Overrules Hill. Thacter, 3 How. 407. See Stanley v. Chappell, 3 Cow. 235; Murray v. Church, 3 T. & C. 145; 8. c., 1 Hun, 49; Wheelock v. Lee, 15 Abb. N. 8. 24; Bonesteel v. Garlinghouse, 60 Barb. 338; Rockwell. Mer win, 45 N. Y. 166; Johnson v. Ackerson, 3 Daly, 430. See ante, 3451, and note to Voorhies Code, 2 142. (4) See Graves. Waite, 59 N. Y. 156; Hofheimer. Campbell, id. 269; Clare v. National City Bk., 14 Abb. N.. 326: Hale v. Omaha Nat. Bk., 49 N. Y. 626; Caswell v. West, 3 T. & C. 283; Hopkins v. Lane, 4 id. 311; s. c., 2 Hun, 38; Waters v. Crawford, 2 T. & 0.602; Elmwood v. Gardner, 45 N. Y. 349; Degraw v. Elmore, 50 id. 1; Ross v. Mather, 51 id. 108; Judge v. Hall, 5 Lans. 69; Barclay v. Quicksilver Min. Co., 6 id. 25. Also, 10 N. Y. Leg. Obs. 281; 14 Abb. 150; 10 How. 50; 2 Duer, 674; 5 Sandf. 566; 11 Barb. 569; 321d. 92; 19 N. Y. 271; 4 Bosw. 603; 17 Abb. 184; 7 N. Y. 478; 10 id. 363; 3 Duer, 632; 20 Barb. 455; 9 id. 158; 38 How. 97; 6 id. 269; 21 1d. 296; 3 Abb. N. 8. 197; 3 Sandf 668; 11 1d. 202; 8 N. Y. 115; 10 Abb. 445. And see Walt's Code, note to 142; Voorhies' Code, 1d.

8 482. [Amended, 1877.] When interlocutory and final judgment may be demanded. — In an action triable

by the court, without a jury, the plaintiff may, in a proper case, demand an interlocutory judgment, and also a final judgment, distinguishing them clearly.

New.

§ 483. Causes of action to be separately stated. Where the complaint sets forth two or more causes of action, the statement of the facts constituting each cause of action must be separate and numbered.

From Co. Proc., 167, am'd, and see rule 25. Wiles v. Suydam, 64 N. Y. 173; People v. Tweed, 63 id. 194; Benedict v. Seymour, 6 How. 298; Wood. Anthony, 9 id. 78; Colton. Jones, 7 Rob. 164; Corbin . George, 2 Abb. 465; Hall McKechnie, 22 Barb. 244.

§ 484. [Amended, 1877.] What causes of action may be joined in the same complaint.- The plaintiff may unite, in the same complaint, two or more causes of action, whether they are such as were formerly denominated legal or equitable, or both, where they are brought to recover as follows:

1. Upon contract, express or implied.(1)

2. For personal injuries, except libel, slander, criminal conversation, or seduction.(2)

3. For libel or slander.

4. For injuries to real property.(3)

5. Real property, in ejectment, with or without damages for the withholding thereof.

6. For injuries to personal property.(4)

7. Chattels, with or without damages for the taking or detention thereof.

8. Upon claims against a trustee, by virtue of a contract, or by operation of law.(5)

9. Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdi. visions of this section.(6)

But it must appear, upon the face of the complaint, that all the causes of action, so united, belong to one of the foregoing subdivisions of this section; that they are consistent with each other; and, except as otherwise prescribed by law, that they affect all the parties to the action: (7) and it must appear upon the face of the complaint, that they do not require different places of trial.

Substitute for part of 167, Co. Proc. (1) Mappier . Mortimer, 11 Abb. N. S. 435; Booth v. Farmers', etc., Bank, 65 Barb. 457; Keep. Kauffman, 36 N. Y. Supr. 141; aff'd, 56 N. Y. 332: Walters v. Continental Ins. Co., 5 Hun, 343. (2) Anderson v. Hill, 53 Barb. 238, overruling U

How. 386; Howe Peckham, 10 Barb. 656; Herry. Henry, 17 Abb. 411; McIntosh . McIntosh, 12 How. 289. (3) Watts . Hilton, 3 Hun, 606. (4) Rodgers v. Rodgers, 11 Barb. 595; Cleveland v. Barrows, 59 id. 364; Booth. Farmers' Bank, 1 T. & C. 45. (5) Sortore v. Scott, 6 Lans. 271; Bonnell. Wheeler, 3 T. & C. 557; s. c., 1 Hun, 332: Petrie . Petrie, 7 Lans. 90. (6) Tradesmen's Bank v. McFeeley, 61 Barb. 522; Austin. Monroe, 4 Lans. 67; aff'd, 47 N. Y. 360; Wiles. Suydam, 64 id. 173: Sterne. Herman, 11 Abb. N. S. 376; Van Liew v. Johnson, ST. & C. 648; Schnitzer v. Cohen, 7 Hun, 665. (7) Hubbell . Lerch, 58 N. Y. 237; af'g 62 Barb. 295; Bonnell v. Wheeler, 3 T. & C. 557; s. c., 1 Hun, 332; id. 1; Silsbee r. Smith, 41 How. 418; s. c., 60 Barb. 372; Day . Stone, 15 Abb. N. S. 137; Haines. Hollister, 64 N. Y. 1; Strong . Lee T. & 0.441; Schnitzer . Cohen, 7 Hun, 665. For further collection of cases see Walt's Code, 167, note; Voorhies' Code, id.

485. [Stricken out in 1877.]

§ 486. [Stricken out in 1877.]

ARTICLE SECOND.

DEMURRER.

E 487. Defendant must demur or answer.

488. When he may demur.

490. Demurrer to complaint must specify grounds of objection.
492. Demurrer to all or part of the complaint; demurrer to part
and answer to part.

493. Defendant may demur to reply.

494. When plaintiff may demur to answer.

495. Demurrer to counterclaim, when defendant demands an af
firmative judgment.

498. Demurrer to counterclaim must specify grounds of objection,
497. Amendments in certain cases after decision of demurrer.
498. When objection may be taken by answer.

499. Objection; when deemed waived.

§ 487. Defendant must demur or answer. The only pleading, on the part of the defendant, is either & demurrer or an answer.

Co. Proc., part of 143. The remainder is provided for in 520, post. $488. [Amended, 1877.] When he may demur.The defendant may demur to the complaint, where one or more of the following objections thereto appear upon the face thereof:

1. That the court has not jurisdiction of the person of the defendant.(1)

2. That the court has not jurisdiction of the subject cf the action.(2)

3. That the plaintiff has not legal capacity to sue.(3) 4. That there is another action pending between the same parties, for the same cause.(4)

5. That there is a misjoinder of parties plaintiff. (5) 6. That there is a defect of parties, plaintiff or de fendant. (6)