The first pleading on the part of the plaintiff is the complaint1 or petition;2 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." 3

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;4 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.5

1 N. Y. Code Civ. Pro., Sec. 478;

Cal. Code Civ. Pro., Sec. 425. 2 Ohio Code Civ. Pro., Sec. 84;

Nebraska Code, Civ. Pro., Sec.

92.

3N. Y. Code Civ. Pro., Sec. 481;

Cal. Code Civ. Pro., Sec. 426. 4 1 Chitty Pl, 409, 413. 5 N. Y. Code Civ. Pro., Sec. 483;

Cal. Code Civ. Pro., Sec. 429.

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.6

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. * * * 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."7

"But it must appear upon the face of the complaint, that all the causes of action, so united, belong

6 1 Chitty Pl, 200, 201.