Pleading Under the Codes: Adapted to Use in the Several States and Territories which Have Adopted the System of Reformed Procedure, and in All the Courts where that System Prevails

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S. Whitney & Company, 1885 - Code pleading - 581 pages

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Contents

Allegations of time and place
21
Allegations of quantity or value 15 Facts to be stated positively
23
Facts to be stated concisely
24
Consistency in pleading required 18 Averment of damages
26
Averment of consideration 20 Allegation of fraud
30
Allegation of demand
31
Performance of conditions
32
Averment of notice 24 Averment of knowledge or scienter
34
Averment of title or ownership
35
Pleading contracts
37
Attaching copy of instrument as exhibit
38
Pleading instrument for payment of money
40
Pleading private statutes
42
Pleading a judgment
43
Averment of corporate existence 32 Averment of representative character
45
Demand of relief or judgment
47
Verification
49
Formal parts
52
Separate counts or statements for a single cause of action
54
Joinder of causes of action
56
What constitutes a single cause of action
60
Choice of remedy
63
Supplemental nature
65
CHAPTER III
68
Misjoinder of parties
79
Defect of parties
81
Causes of action improperly united
83
No cause of action
86
Ambiguity
89
Demurrer bad in part
91
When demurrer adjudged frivolous
92
Amendments after decision of demurrer
93
CHAPTER IV
96
66
110
Pleading statutes generally
118
Matter in aggravation
124
Supplemental answer
137
Claims in different rights 100 Defendant not bound to set up 101 How pleaded 102 Crosspleading
140
In action on contract
147
294
154
CHAPTER VI
174
CHAPTER VII
185
Effect
200
As an admission of facts pleaded
201
CHAPTER VIII
203
Master and servant 170 Mistake 171 Money had and received etc 172 Municipal corporations Complaint 173 Municipal corporations Answer 174 ...
204
Agency
211
Bills and notesComplaint
212
VARIANCE
214
When material
215
Bills and notesAnswer
216
Conversion Answer
247
DivorceComplaint
258
2143
264
FraudAnswer
274
Guacants
280
InsuranceFire
286
Landlord and tenant
299
Nuisance
336
Officers
337
Partition
339
Partnership Complaint
342
PartnershipAnswer
345
RailroadsInjury to animals
364
Receivers
365
Recognizance
368
Redemption
369
Reformation of instrument
370
Rescission and cancellation
373
ServicesComplaint
375
Services Answer
377
ServicesLoss
380
SheriffsComplaint
382
Sheriffs Answer
385
SlanderOf title
387
Specific performance Complaint
388
Specific performanceAnswer 203 Subscriptions
391
SuretiesComplaint
393
Sureties Answer
394
TaxesTaxation
397
Trespass Complaint
400
TrespassAnswer
403
Trusts
405
Vendor and purchaser
406
Failure of proof 218 Instances of immaterial variances 219 Instances of fatal variance or failure of proof 220 In matters of description 221 Allegatio...
416
Between summons and complaint
433
CHAPTER X
434
On motion before trial
442
After demurrer
445
At the trial
447
After trial
450
After remand of cause
452
When considered as made Defects cured
455
Instances of allowed Generally
457
By whom made
458
Exercise of discretion in allowing
460
How made
462
Terms on allowing
463
Effect of Waiver Practice
464
CHAPTER XI
467
BOONE PLEAD 8
469
Misnomer
487
Striking pleading from files generally
488
Lost pleadings
490
CHAPTER XII
492
Want of capacity to
496
Defect of parties
497
Misjoinder of parties
498
Misjoinder of actions
499
Causes of action not separately stated and numbered 267 Another action pending 8 268 Omitting name
500
Uncertainty and indefiniteness
501
CHAPTER XIII
506
Presumptions
508
Ambiguity 275 Instances of construction unfavorable to pleader 276 General rules
510
Words and phrases
512
Abbreviations
515
Allegations as to time 280 Of admissions
516
CHAPTER XIV
519
Complaint or petition
521
Form and sufficiency of answer
523
Defects and remedies
525
Waste
531
Bill of particulars
535
By pleading over 271 In particular cases
549
Wills 213 Written instrument
580
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Page 184 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties for the same cause; or, 4.
Page 439 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 94 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Page 288 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court...
Page 143 - 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.
Page 69 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. 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 46 - The affidavit of verification must be to the effect, that the pleading is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 167 - Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract or transaction upon which the action is brought, or affecting the property to which the action relates...
Page 53 - 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.
Page 335 - Where two or more persons hold and are in possession of real property, as joint tenants or as tenants in common, in which either of them has an estate of inheritance, or for life, or for years, any one or more of them may maintain an action for the partition of the property, according to the respective rights of the persons interested therein...

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