The provisions of the codes concerning the bringing in of new parties, where their presence is necessary to a complete determination of the controversy; the right of a person against whom an action is brought upon a contract, or for specific real or personal property, when a person not a party to the action claims the same debt or property, to have such claimant substituted in his place, and to be discharged from liability with respect to such claim, on depositing in court the amount of the debt or delivering the property or its value to such person as may be designated by the court; the right of a person who has a direct interest in the subject matter of an action, to become a party to such action, while they are substantially a restatement of rules governing the procedure in proceedings in equity, are now applicable to all actions, whether denominated legal or equitable under the common law system of pleadings, and serve to avoid multiplicity of actions. The effect of the adoption of the code system of procedure has been to simplify the practice, especially in what are known as common law actions, to end in one suit, whenever practicable, the controversy between the parties, to discard technicalities in pleading, and to pay regard rather to substance than form in pleading. While these results have not always followed the adoption of the reformed procedure, the system has, in the main, proved satisfactory to the bench and bar. CHAPTER II. PLEADINGS UNDER THE CODE. SECTION 3. THE COMPLAINT. 2 The first pleading on the part of the plaintiff is the complaint or petition; it will hereinafter be called the complaint. "The complaint shall contain 1. The title of the action, specifying the name of the court in which it is brought * * and the names of (all) the parties to the action, plaintiff and defendant; 2. A plain and concise statement of the facts constituting each cause of action without unnecessary repetition. 3. A demand of the judgment to which the plaintiff supposes himself entitled." At common law, where more than one real or supposed cause of action was contained in a declaration, each cause of action, or the same cause of action stated in a different manner so as to meet the proof on the trial, was required to be stated in different counts, and whether for the same or different causes of action, each count on its face purported to state a separate cause of action; under the codes, where the complaint sets forth two or more causes of action, the statement of the facts constituting each cause must be separately stated and numbered." 1 N. Y. Code Civ. Pro., Sec. 478; Cal. Code Civ. Pro., Sec. 425. Ohio Code Civ. Pro., Sec. 84; Nebraska Code, Civ. Pro., Sec. 92. N. Y. Code Civ. Pro., Sec. 481; Cal. Code Civ. Pro., Sec. 426. 1 Chitty Pl., 409, 413. N. Y. Code Civ. Pro., Sec. 483; Only such demands can be joined in an action at common law as will admit of the same plea being pleaded and the same judgment given on all of the counts of the declaration, or whenever the counts are of the same nature, and the same judgment is to be given on them all, although the pleas be different, and ordinarily counts in one form of action cannot be joined with counts in another." The different codes contain, in substance, the provisions of the New York code on this subject, which are as follows: "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. 2. For personal injuries, except libel, slander, criminal conversation, or seduction. 3. For libel or slander. 4. For injuries to real property. 5. Real property, in ejectment, with or without damages for the withholding thereof. 6. For injuries to personal property. 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. 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 subdivisions of this section. * * * "But it must appear upon the face of the complaint, that all the causes of action, so united, belong 1 Chitty Pl., 200, 201. 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; and it must appear upon the face of the complaint, that they do not require different places of trial."" SECTION 4. DEMURRERS. The demurrer under the codes has the same effect as at common law, and may be interposed to any pleading of fact. The provisions of the codes concerning a demurrer to the complaint are as follows: "The defendant may demur to the complaint, where one or more of the following objections thereto appear upon the fact thereof: 1. That the court has no jurisdiction of the person of the defendant. 2. That the court has no jurisdiction of the subject of the action. 3. That the plaintiff has not legal capacity to sue. 4. That there is another action pending between the same parties, for the same cause. 5. That there is a misjoinder of parties plaintiff. 6. That there is a defect of parties, plaintiff or defendant. 7. That causes of action have been improperly united. 8. That the complaint does not state facts sufficient to constitute a cause of action;" it is further provided that the demurrer must distinctly specify the grounds upon which any of the objections to the complaint are taken, and unless it does so it may be disregarded.' 'N. Y. Code Civ. Pro., Sec. 484; Cal. Code Civ. Pro., Sec. 427. N. Y. Code Civ. Pro., Sec. 482; Cal. Code Civ. Pro., Sec. 430. |