Remedies and Remedial Rights by the Civil Action, According to the Reformed American Procedure: A Treatise Adapted to Use in All the States and Territories where that System Prevails |
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Page 1
... exist solely to declare and enforce them , as they are in fact the very end and object of legislation and government , they may be and are by most juridical writers appropriately styled primary rights and duties . If mankind were ...
... exist solely to declare and enforce them , as they are in fact the very end and object of legislation and government , they may be and are by most juridical writers appropriately styled primary rights and duties . If mankind were ...
Page 6
... exist a certain number of purely artificial and highly arbitrary forms of judicial procedure , which we may term actions , through which all the civil rights and duties acknowledged and provided for are protected and enforced . Their ...
... exist a certain number of purely artificial and highly arbitrary forms of judicial procedure , which we may term actions , through which all the civil rights and duties acknowledged and provided for are protected and enforced . Their ...
Page 21
... exist . § 24. In thus describing the progress of our law , and the methods by which it has been built up , created , I may properly say , through the exercise of the judicial legislative function of the courts operating by the decision ...
... exist . § 24. In thus describing the progress of our law , and the methods by which it has been built up , created , I may properly say , through the exercise of the judicial legislative function of the courts operating by the decision ...
Page 26
... exist , facts which , from disuse , are rapidly passing away from the recollection of the older lawyers and were never known to the younger members of the bar except as the result of curious and antiquarian study , is worse than use ...
... exist , facts which , from disuse , are rapidly passing away from the recollection of the older lawyers and were never known to the younger members of the bar except as the result of curious and antiquarian study , is worse than use ...
Page 29
... exist in some of the States , it is simply impossible that any of the broad prin- ciples upon which it is founded will ever be abandoned ; so far as the subsequent legislation in other States differs from that 1 Code of Iowa , Revision ...
... exist in some of the States , it is simply impossible that any of the broad prin- ciples upon which it is founded will ever be abandoned ; so far as the subsequent legislation in other States differs from that 1 Code of Iowa , Revision ...
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Common terms and phrases
abolished action brought action to recover actions at law alleged answer applied arising assignment assignor assumpsit averments Barb cause of action chattels civil action claim classes codes common common-law complaint or petition confession and avoidance constitute contract counterclaim court courts of equity creditors debt debtor decision defendant's demand demurrer denial distinct doctrine enforce entitled equitable actions equitable remedies ex delicto executor existing expressly facts fraud held husband interest Iowa issuable issue joinder joined joint judgment judicial land legal actions legal and equitable liability matter ment Minn misjoinder mortgage nature necessary party Ohio St owner person plain plaintiff pleading possession primary right principle procedure proceeding proper proper parties provisions recovery reformed relief remedial rights right of action rights and duties rule separate set-off statute sued thereof thing in action tion tort transaction trial trust wife Wisc
Popular passages
Page 358 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 208 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 148 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 242 - 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 47 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 360 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 146 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 502 - 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 638 - Procedure provides that the answer of the defendant shall contain (2) a statement of any new matter constituting a defense or counterclaim. Section 438 thereof provides that — "The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action...
Page 478 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.