Cases in Code Pleading with Summaries of Doctrine Upon Several Heads of that Subject |
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Common terms and phrases
abolished action at law affirmed alleged answer applied assignment assumpsit averment bill breach brought C. L. Pl cause of action cited claim Code Pl Code pleading Code Rem complaint contract counterclaim Court of Chancery court of equity damages debt declaration deed defendant defendant's demurrer distinction doctrine ejectment entitled equitable relief equitable remedies ex delicto facts fendant forms of action fraud held infra injury interest issue joinder judge judgment jurisdiction jury justice land law and equity law courts legal and equitable legal title liability litigation matter ment misjoinder obtained parties persons petition plain plaintiff pleader Pomeroy possession practice principles procedure proceeding promissory note proof proved provision question recover recovery reform remedy replevin specific performance statement statute substantial sued suits in equity Supreme Court sustained technical theory tiff tion tort transaction trespass trial court trover writ
Popular passages
Page 400 - All persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except as otherwise provided in this article.
Page 711 - ... 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.
Page 835 - ... to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.
Page 597 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 670 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 404 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 461 - 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.
Page 404 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may determine the ultimate rights of the parties on each side, as between themselves.
Page 383 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 363 - A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.