§ 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; if it is brought in the supreme court, the name of the county, which the plaintiff designates as the place of trial; 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. Á demand of the judgment to which the plaintiff supposes himself entitled. § 482. When interlocutory and final judgment may be demanded. [AMENDED BY CH. 416 OF 1877.] In an action triable by the court, without a jury, the plaintiff may, in a proper case, demand an interlocutory judg ment, and also a final judgment, distinguishing them clearly. § 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. § 484. What causes of action may be joined in the same complaint. (AMENDED BY CH. 416 OF 1877.] 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 damage 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 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. $485. [Stricken out by Ch. 416 of 1877.] § 486. [Stricken out by Ch. 416 of 1877.] ARTICLE SECOND. DEMURRER. SECTION 487. Defendant must demur or answer. 488. When he may demur. *489. The last section qualified. 490. Demurrer to complaint must specify grounds of objection. *Stricken out by Ch. 416 of 1877. SECTION 492. Demurrer to all or part of the complaint: demurrer to part, and answer to 154 part. 493. Defendant may demur to reply. 494. When plaintiff may demur to answer. 495. Demurrer to counter-claim, when defendant demands an affirmative judg ment. 496. Demurrer to counter-claim must specify grounds of objection. 7. 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 a demurrer or an answer. $488. When he may demur. [AMENDED BY CH. 416 OF 1877.] 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. 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. § 489. [Stricken out by Ch. 416 of 1877.] $490. Demurrer to complaint must specify grounds of objection. [AMENDED BY CH. 416 OF 1877.] The demurrer must distinctly specify the objections to the complaint; otherwise it may be disregarded. An objection, taken under subdivision first, second, fourth or eighth, of section four hundred and eighty-eight of this act, may be stated in the language of the subdivision; an objection, taken under either of the other subdivisions, must point out specifically the particular defect relied upon. § 491. [Stricken out by Ch. 416 of 1877.] § 492. Demurrer to all or part of the complaint; demurrer to part, and answer to part. The defendant may demur to the whole complaint, or to one or more separate causes of action, stated therein. In the latter case, he may answer the causes of action not demurred to. § 493. Defendant may demur to reply. The defendant may also demur to the reply, or to a separate traverse to, or avoidance of, a defence or counter-claim, contained in the reply, on the ground that it is insufficient in law, upon the face thereof. § 494. When plaintiff may demur to answer. The plaintiff may demur to a counter-claim or a defence consisting of new matter, contained in the answer, on the ground that it is insufficient in law, upon the face thereof. $495. Demurrer to counter-claim, when defendant demands an affirmative judgment. [AMENDED BY CH. 416 or 1877.] The plaintiff may also demur to a counter-claim, upon which the defendant demands an affirmative judgment, where one or more of the following objections therete, appear on the face of the counter-claim : 1. That the court has not jurisdiction of the subject thereof. 2. That the defendant has not legal capacity to recover upon the same. 3. That there is another action pending between the same parties for the same cause. 4. That the counter-claim is not of the character specified in section five hundred and one of this act. 5. That the counter-claim does not state facts sufficient to constitute a cause of action. § 496. Demurrer to counter-claim must specify grounds of objection. [AMENDED BY CH. 416 OF 1877.] A demurrer, taken under the last section, must distinctly specify the objections to the counter-claim; otherwise it may be disregarded. The mode of specifying the objections is the same, as where a demurrer is taken to a complaint. § 497. Amendments in certain cases after decision of demurrer. [AMENDED BY CH. 416 OF 1877.] Upon the decision of a demurrer, either at a general or special term, or in the court of appeals, the court may, in its discretion, allow the party in fault to plead anew or amend, upon such terms as are just. If a demurrer to a complaint is allowed, because two or more causes of action have been improperly united, the court may, in its discretion, and upon such terms as are just, direct that the action be divided into as many actions, as are necessary for the proper determination of the causes of action therein stated. $498. When objection may be taken by answer. [AMENDED BY CH. 416 OF 1877.] Where any of the matters enumerated in section four hundred and eighty-eight of this act as grounds of demurrer, do not appear on the face of the complaint, the objection may be taken by answer. § 499. Objection; when deemed waived. If such an objection is not taken, either by demurrer or answer, the defendant is deemed to have waived it; except the objection to the jurisdiction of the court, or the objection that the complaint does not state facts sufficient to constitute a cause of action. 502. Rules respecting the allowance of counter-claims. 503. Judgment, when demand and counter-claim are equal or unequal. 505. Counter-claim, when defendant is sued in a representative capacity. 506. Id.; when plaintiff is an executor or administrator. 507. Defendant may interpose several defenses or counter-claims; rules relating thereto. 508. Partial defenses. 509. When defendant to demand affirmative judgment. *510. Effect of improper demand of affirmative judgment. 511. When pleadings admit part of plaintiff's claim to be just, action may be served, etc. 512. Judgment, where counter-claim only is interposed for less than plaintiff's claim. 513. Dilatory defenses to be verified. $500. Answer; what to contain. [AMENDED BY CH. 416 OF 1877.] The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint * Stricken out by Ch. 416 of 1877. controverted by the defendant, or of any knowledge or information thereof suficient to form a belief. 2. A statement of any new matter constituting a defense or counter-claim, in ordinary and concise language without repetition. § 501. Čounter-claim defined. [AMENDED BY CH. 416 OF 1877.] The counter-claim, specified in the last section, must tend in some way, to diminish or defeat the plaintiff's recovery, and must be one of the following causes of action against the plaintiff, or, in a proper case, against the person whom he represents, and in favor of the defendant, or of one or more defendants, between whom and the plaintiff a separate judgment may be had in the action: 1. A cause of action arising out of the contract or transaction, set forth in the complaint as the foundation of the plaintiff's claim, or connected with. the subject of the action. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action. § 502. Rules respecting the allowance of counter-claims. [AMENDED BY CH. 416 OF 1877.] But the counter-claim, specified in subdivision second of the last section, is subject to the following rules: 1. If the action is founded upon a contract, which has been assigned by the party thereto, other than a negotiable promissory note or bill of exchange, a demand, existing against the party thereto, or an assignee of the contract, at the time of the assignment thereof, and belonging to the defendant, in good faith, before notice of the assignment, must be allowed as a counterclaim, to the amount of the plaintiff's demand, if it might have been so allowed against the party, or the assignee, while the contract belonged to him. 2. If the action is upon a negotiable promissory note or bill of exchange, which has been assigned to the plaintiff after it became due, a demand, existing against a person who assigned or transferred it, after it became due, must be allowed as a counter-claim, to the amount of the plaintiff's demand, if it might have been so allowed against the assignor, while the note or bill belonging to him. 3. If the plaintiff is a trustee for another, or if the action is in the name of a plaintiff, who has no actual interest in the contract upon which it is founded, a demand against the plaintiff shall not be allowed as a counter-claim; but so much of a demand existing against the person whom he represents, or for whose benefit the action is brought, as will satisfy the plaintiff's demand, must be allowed as a counter-claim, if it might have been so allowed in an action brought by the person beneficially interested. § 503. Judgment, when demand and counter-claim are equal or unequal. [AMENDED BY CH. 416 OF 1877.] Where a counter-claim is established, which equals the plaintiff's demand, the judgment must be in favor of the defendant. Where it is less than the plaintiff's demand, the plaintiff must have judgment for the residue only. Where it exceeds the plaintiff's demand, the defendant must have judgment for the excess, or so much thereof as is due from the plaintiff. Where part of the excess is not due from the plaintiff, the judgment does not prejudice the defendant's right to recover, from another person, so much thereof as the judgment does not cancel. § 504. Id; for affirmative relief. In a case not specified in the last section, where a counter-claim is established, which entitles the defendant to an affirmative judgment, demanded in the answer, judgment must be rendered for the defendant accordingly. $505. Counter-claim, when defendant is sued in a representative capacity. In an action against an executor or an administrator, or other 100 person sued in a representative capacity, the defendant may set forth, as a counter-claim, a demand belonging to the decedent, or other person whom he represents, where the person so represented would have been entitled to set forth the same, in an action against him. § 506. Id.; when plaintiff is an executor or administrator. In an action brought by an executor or administrator, in his representative capacity, a demand against the decedent, belonging at the time of his death, to the defendant, may be set forth by the defendant as a counterclaim, as if the action had been brought by the decedent in his lifetime; and, if a balance is found to be due to the defendant, judgment must be rendered therefor against the plaintiff, in his representative capacity. Execution can be issued upon such a judgment, only in a case where it could be issued upon a judgment in an action against the executor or administrator. $507. Defendant may interpose several defenses or counter-claims. [AMENDED BY CH. 542 OF 1879.] A defendant may set forth, in his answer, as many defenses or counter-claims, or both, as he has, whether they are such as were formerly denominated legal or equitable. Each defence or counterclaim must be separately stated, and numbered. Unless it is interposed as an answer to the entire complaint, it must distinctly refer to the cause of action which it is intended to answer. § 508. Partial defenses. [AMENDED BY CH. 416 or 1877.] A partial defence may be set forth, as prescribed in the last section; but it must be expressly stated to be a partial defence to the entire complaint, or to one or more separate causes of action, therein set forth. Upon a demurrer thereto, the question is, whether it is sufficient for that purpose. Matter tending only to mitigate or reduce damages, in an action to recover damages for the breach of a promise to marry, or for a personal injury, or an injury to property, is a partial defence within the meaning of this section. $509. When defendant to demand affirmative judgment. [AMENDED BY CH. 416 OF 1877.] Where the defendant deems himself entitled to an affirmative judgment against the plaintiff, by reason of a counter-claim interposed by him, he must demand the judgment in his answer. $ 510. [Stricken out by Ch. 416 of 1877.] § 511. When pleadings admit part of plaintiff's claim to be just, action may be severed, etc. [AMENDED BY CH. 416 OF 1877 and by CH. 542 OF 1879.] Where the answer of the defendant, expressly or by not denying, admits a part of the plaintiff's claim to be just, the court, upon the plaintiff's motion, may, in its discretion, order that the action be severed; that a judgment be entered for the plaintiff for the part so admitted; and, if the plaintiff so elects, that the action be continued, with like effect, as to the subsequent proceedings, as if it had been originally brought for the remainder of the claim. The order must prescribe the time and manner of the plaintiff's election. If the plaintiff elects to continue the action, his right to costs upon the judgment is the same, as if it was taken in an action brought for only that part of the claim. If the plaintiff does not elect to continue the action, costs must be awarded, as upon final judgment in any other case. § 512. Judgment, where counter-claim only is interposed for less than plaintiff's claim. In an action upon contract, where the complaint demands judgment for a sum of money only, if the defendant, by his answer, does not deny the plaintiff's claim, but sets up a counter-claim, |