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The defendant answers to the complaint, and alleges:
I. Etc.

II. Defendant, for a further defense, alleges that the promise set forth in the complaint was a special promise to answer for the debt, default, or miscarriage of A. B. [or as the case may be], in the complaint named.

III. That no note or memorandum of said promise or agreement was made in writing, and signed by defendant or any other person by his authority, or at all.

§ 598. Statute of frauds-Agreement in consideration of marriage.

[TITLE]

Form No. 169.

The defendant answers to the complaint, and alleges:

That the said alleged agreement was made upon consideration of marriage, and that neither said agreement nor any note or memorandum thereof was ever in writing, and subscribed by said who is sought to be charged therewith, or by his lawful agent, or at all.

§ 599. Statute of frauds-Ultra vires corporation.

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The defendant answers to the complaint, and alleges:

I. That the plaintiff was not and is not authorized by law to take, hold, and convey real property, except for the following purposes, and in the following manner [here set forth the power of the corporation].

II. That the deed alleged in the complaint was executed and accepted on the part of said corporation, for the purpose of [here state purpose not within the power].

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The defendant answers to the complaint:

That the cause of action set forth therein did not accrue within years before the commencement of this action.

...

$601. Statute of limitations, California Code of Civil Procedure, section 458.

[TITLE.]

Form No. 172.

The defendant, answering the complaint, alleges:

That the cause of action stated in the complaint of the plaintiff herein is barred by the provisions of the first subdivision of section 339 of the Code of Civil Procedure of this state [insert whatever section and subdivision may be applicable to the cause of action].

§ 602. Foreign statute of limitations in tort action.

[TITLE.]

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Form No. 173.

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For a further and separate defense, the defendant alleges that the said personal injury described in the complaint occurred in the state of . . . and that at the time of the occurrence thereof, to wit, on the .. day of .., 19.., and at all times thereafter to the present time both the plaintiff and this defendant were and still are citizens and residents of the state of and that at the time of said injury there was, ever since has been, and still is a statute of the state of . . . known as section . . . of chapter. . of the revised statutes of said state which provides as follows [give copy of section, or state its substance]. That no action was begun by the plaintiff to recover, on account of said alleged injury in the said state of . . . within years next after the cause of action alleged in said complaint accrued, nor was this action commenced within said period of two years. Wherefore this defendant alleges that the said cause of action has become and is by virtue of the operation of said statute completely barred.

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The defendant denies that the plaintiff at any time demanded the (proceeds of the goods) in said complaint mentioned at any time prior to the commencement of this action.

§ 604. Assignment of cause of action, by plaintiff, to third person.

[TITLE.]

Form No. 175.

That after the sale and delivery [or accruing of other cause of action] in the complaint alleged, and before this action, the plaintiff duly assigned his cause of action against this defendant arising therefrom [or, said judgment, etc., or other thing in action] to one M. N., who then became, and still is, the lawful owner and holder thereof.

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before the com

The defendant answers to the complaint: I. That on the . . . day of . . ., 19.., at mencement of this action, he tendered to the plaintiff . . . dollars [in gold and silver coin of the United States], in payment of the contract, [note, or indebtedness] in the complaint set forth.

II. That the defendant has always been and still is ready and willing to pay the same to the plaintiff, and now pays the same into this court [or state the facts].

§ 606. Payment as to part, and tender as to residue.

[TITLE.]

Form No. 177.

The defendant answers to the complaint:

I. [Allege payment of part.]

II. That on the . . . day of . . ., 19.., at . . ., he tendered to the plaintiff the residue of said claim, to wit, the amount of . . . dollars, etc. [as in preceding form].

...

§ 607. Denial as to part, and tender as to residue.

[TITLE]

Form No. 178.

The defendant answers to the complaint:

I. That he agreed to pay to the plaintiff . . . dollars only [or that the goods or services mentioned therein were reasonably worth no more than . . . dollars].

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II. That before this action, on the . . . day of . . ., 19.., at he tendered to the plaintiff, in gold and silver coin of the United States. . . dollars in payment of said sum. [Continue as in preceding form.]

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The defendant answers to the complaint:

I. That the plaintiff was not at the commencement of this action, and is not now, a citizen of the United States, but was and is an alien, born in . . ., out of the allegiance of the United States, and within the kingdom of . . .

II. That at the commencement of this action the government of said .. was and still is at war with and is an enemy of the United States.

III. That the plaintiff then was and still is an alien enemy, abiding without the United States, and at . . ., within said and adhering to the said enemies of the United States.

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The defendant answers to the complaint:

That before the commencement of this action, on or about the . . day of . . ., 19.., at . . ., the plaintiff duly assigned the subject-matter and cause of action set forth in the complaint to one R. S., who then was and has been ever since the holder thereof.

§ 610. Want of capacity-Denial of plaintiff's corporation. Form No. 181.

[TITLE]

The defendant answers to the complaint:

I. That there was not at the commencement of this action, nor is there now, any such corporation as the ... Mining Company, named as plaintiff in this action.

II. That the plaintiff was not a de facto corporation, nor did the persons claiming to compose the said alleged corporation, at the commencement of this action, nor at any of the times mentioned in the complaint, claim in good faith to be a corporation.

§ 611. Want of capacity-Denial of trusteeship.

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That since the expiration of said first year [or after the. day of . . ., 19..], he has not been a trustee of said company, and has not in any way managed the affairs or concerns of said company as such.

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The defendant answers to the complaint:

That he never subscribed for any stock of the corporation mentioned in the complaint, and never became a stockholder in or the holder or owner of any stock of the said corporation, in his own right, or in trust for others.

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The defendant answers to the complaint:

That on or about the . . . day of . . ., 19. ., he sold and transferred all his stock and interest in the said company; and that he had not then, nor has he had since that time, nor has he now, any property or interest of any nature or kind whatsoever in the said company, as stockholder or trustee, or otherwise.

§ 614. Want of capacity-Denial of official capacity.

[TITLE.]

Form No. 185.

The defendant answers to the complaint, and denies that the plaintiff is [executor or administrator of the said deceased, or otherwise], as alleged, or at all.

§ 615. Want of Capacity-Partnership of plaintiff.

[TITLE]

Form No. 186.

The defendant answers to the complaint, and alleges:

I. That the cause of action set forth in the complaint did not accrue to the plaintiff individually, but to the plaintiff and one R. S., under the firm name [giving name of firm], and that said

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