582 PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

ASSIGNMENT OF CHOSES IN ACTION.

41. Assignee of chose in action, or of distribu- tive share or legacy, may sue in his own name 42. Equitable assignee of judgment may issue sci fa 43 Defendant to have same defence as against assignor 44 Legal plaintiff dying, cestui que use may prosecute suit. 46. Surety, paying bond, etc, entitled to as- signment, may sue these in his own name.

46. Surety, paying judgment, entitled to as- signment, may issue execution in bis own name. 47. Assignment of judgment to surety, remedy against plaintiff 48 Assignee of sealed instrument may sue ob- ligor, proviso 49 Oath to be made by obligee before action can be maintained by assignee 60 How judgment of State satisfied by a surety shall be entered to bis use, and he be entitled to proceed against principal or other sureties.

PARTIES JOINTLY LIABLE

51 How and when heirs and representatives bound 52. When defendants reside in same county, only one suit to be brought 53 When representatives may be sued 54. Proceedings where defendant in the suit on joint obligation dies 65 Where obligor dies after judgment. 56 Obligors residing in different counties, how sued 57 In suit against joint and several obligors.

how writ may be renewed, actions may be consolidated, judgment 56. Where actions consolidated, but one action to be taxed 59 Plaintiff may levy execution on either de- fendant 60. Judgment against one not to merge cause of action. 61 Where joint defendant in action ex con- tractu dies 62 Husband and wife jointly sued

PLEADINGS.

63 What necessary to be stated in pleadings 64 Pleadings, when sufficient, without refer- ence to mere form 65 Formal commencement or conclusion not necessary 66 Where time or place necessary to be stated 67. Special demurrer not allowed 68. No general demurrer allowed for mere form 69. Pleading over to facts without withdrawal of demurrer, questions of law on de- murrer to be decided on appeal 70 Judgment not to be arrested or set aside for mere form, or if one good count 71 Objection fatal on demurrer, cured by ver- dict. 72 Several pleas allowed where consistent, no one plea to contain distinct matters of defence 73 Non est factum to be pleaded on oath, un- less defendant be heir or executor.

74 Claim In bar, or discount in suit on judg- ment or sealed instrument, judgment for the party in whose favor the excess is found 75 Claim in bar, or discount in suit or simple contract. 76 In libel, justification 77 Pleading in suit on bond of clerk or register 78 Plea of non-damnificatus not allowed 79 State's attorney may order execution on forfeited recognizance 80. On return of execution defendant may plead as on sci fa, not to be discharged until trial without payment or security 81 In what cases defendant may pay money into court, by way of compensation 82 Plaintiff may reply and accept, may have judgment for costs, issue found for plain- tiff carries costs 63 How husband to declare in suits in right of wife after her death.

FORMS OF PLEADINGS.

84 Forms of pleadings.

Commencement of Declarations.

Commencement of decla rations.

Conclusion of Declarations.

Conclusion of same