The defendant answers to the complaint:

That at the time of making the supposed agreement [or of the delivery of the goods] mentioned therein, he was under the age of [twenty-one] years, to wit, of the age of . . . years and said agreement did not relate to personal property in the immediate possession and control of this defendant, nor for things necessary for his support.

The defendant answers to the complaint:

I. That the plaintiff was, at the commencement of this action, and still is the wife of one A. B., who is still living at . . .with this plaintiff.

II. That this action does not concern her separate property, or her right or claim to a homestead.

The defendant answers to the complaint:

That at the time of making the agreement [or of the delivery of the goods mentioned therein] she was the wife of J. K.

The defendant answers to the complaint:

That the defendant, at the time of making the said writing obligatory, was, ever since has been, and still is, an Indian, residing on lands reserved to the . . . Indians, within the purview of the act [title], passed [date of enactment].

§ 581. Marriage of defendant after the contract and before the action.

[TITLE.]

Form No. 152.

The defendant answers to the complaint:

I. That she was, at the commencement of this action, and still is the wife of A. B., who now resides at with this defend

ant.

II. That this action does not concern her separate property, or her right or claim to the homestead property.

The defendant answers to the complaint:

I. That A. B. is improperly joined as a plaintiff [or defendant] in this: that he has no interest in the subject-matter in controversy [or otherwise state reasons].

§ 583. Misnomer.

Form No. 154.

[TITLE.]

The defendant answers to the complaint:

I. That the true name of the plaintiff [or of defendant] is and ever has been

and not

in which name he sues [or is

The defendant answers to the complaint:

I. That when he signed the note therein mentioned, he supposed it to be for [one thousand] dollars, but by mistake it was drawn for [ten thousand] dollars.

II. That he received no consideration for more than [one thousand] dollars.

§ 585. Nonjoinder of a necessary party plaintiff.

[TITLE.]

Form No. 156.

The defendant answers to the complaint:

I. That the goods, wares, and merchandises described in the complaint were sold by plaintiff and one C. D., as partners, under the name of A. B. & C. D.

II. That the said C. D. is still living.

§ 586.

common.

[TITLE.]

Nonjoinder of owners in action between tenants in

Form No. 157.

The defendant answers to the complaint:

I. That . . . and . . ., residing at . . ., are tenants in common with the plaintiff in said lands, and necessary parties to this action.

The defendant answers to the complaint:

I. That after the death of said A. B., and on or about the ... day of . . ., 19.., letters of administration were duly issued to one C. D., together with the plaintiff, by the superior court of the county of . . ., and said C. D. thereupon duly qualified as administrator, and as such entered upon the duties of his trust, and still is such administrator.

§ 588. Nonjoinder of one who was a party to the contract.

[TITLE]

Form No. 159.

The defendant answers to the complaint:

I. That the supposed contract [or other cause of action] mentioned in the complaint was made with said

defendant], and one A. B., jointly.

II. That the said A. B. is still living.

plaintiff [or

The defendant answers to the complaint:

That on the . . . day of . . ., 19.., at . . ., he paid to the plaintiff the money demanded in the complaint [or . . . dollars, on account of the demand in the complaint].

The defendant answers to the complaint:

That on the . . . day of . . ., 19.., at . . ., at the request of the plaintiff, he made his promissory note to one C. D. for ... dollars, in discharge of the indebtedness stated in the complaint.

§ 591. Payment by bill accepted in discharge, which plaintiff has lost.

[TITLE.]

Form No. 162.

The defendant answers to the complaint:

I. That before this action the plaintiff drew his bill on the defendant for the amount of said account [or other indebtedness alleged], dated on the . . . day of . . ., 19.., and payable to the order of the plaintiff . . . months after said date; which the defendant then accepted.

II. That the plaintiff received said acceptance on account of said indebtedness, and afterwards, and before the same became due and payable, lost the same, and cannot produce it to the defendant.

The defendant answers to the complaint:

I. That after the said promissory note became payable, and before this action, to wit, on the . . . day of . . ., 19. ., the plaintiff agreed to receive and the defendant agreed to render to the said plaintiff his services as a [teamster] to the amount of said

note.

II. The defendant afterwards, according to the said agreement, rendered such services to the plaintiff, to the full amount due and payable on the said note.

The defendant answers to the complaint:

That on the . . . day of . . ., 19.., at . . ., the plaintiff, by deed, released the defendant from the claim set up in the complaint.

The defendant answers to the complaint:

I. That no note or memorandum in writing, expressing the consideration, was ever made of any such contract as is alleged in the complaint, or of any contract whatever [or state other facts as they exist].

II. That he did not receive any part of the goods, wares, or merchandise mentioned in the complaint.

III. That he did not pay any part of the purchase money.

The defendant answers to the complaint:

That plaintiff ought not to have his said action; because neither defendant, nor any person by him legally authorized, did ever make or sign any contract or agreement in writing, binding this defendant to make any such conveyance of the said premises to the plaintiff as he has in said complaint demanded.

§ 596. Agreement not to be performed within a year.

[TITLE.]

Form No. 167.

That although the said agreement by its terms was not to be performed within one year from the making thereof, neither said agreement nor any note or memorandum thereof was or is in writing and subscribed by the said . . ., who is sought to be charged therewith, or by his lawful agent, or by any other person.