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 xviii
... Matter of the Action ; the Formal Presentation of his Defence , or his Claim for Affirmative Relief , by the Defendant . SECTION FIRST . STATUTORY PROVISIONS . Provisions of the codes , arranged and classified • Divisions of this ...
... Matter of the Action ; the Formal Presentation of his Defence , or his Claim for Affirmative Relief , by the Defendant . SECTION FIRST . STATUTORY PROVISIONS . Provisions of the codes , arranged and classified • Divisions of this ...
Page xix
... MATTER . Divisions of the subject 686 I. How defences of new matter should be pleaded 687-689 II . General nature of new matter ; defences in mitigation and in abatement .. 690-698 III . Particular defences held to be new matter 699-714 ...
... MATTER . Divisions of the subject 686 I. How defences of new matter should be pleaded 687-689 II . General nature of new matter ; defences in mitigation and in abatement .. 690-698 III . Particular defences held to be new matter 699-714 ...
Page 40
... matter ; the issuable facts are not averred ; the issues are not single , and are often buried and concealed by unnecessary details of mere evidentiary matter . In short , the purpose of the reform legislation , as expressed by its ...
... matter ; the issuable facts are not averred ; the issues are not single , and are often buried and concealed by unnecessary details of mere evidentiary matter . In short , the purpose of the reform legislation , as expressed by its ...
Page 41
... matter of the action , in addition to these general principles which are common to all pleadings , embraces certain features which are peculiar to the defendant's contention . By combining all the defensive elements which the codes ...
... matter of the action , in addition to these general principles which are common to all pleadings , embraces certain features which are peculiar to the defendant's contention . By combining all the defensive elements which the codes ...
Page 44
... matter or cause of action by the plaintiff ; Chapter Fourth , of the presentation of the defensive subject - matter of the action , includ- ing the recovery of affirmative relief by the defendant , either by counter - claim , cross ...
... matter or cause of action by the plaintiff ; Chapter Fourth , of the presentation of the defensive subject - matter of the action , includ- ing the recovery of affirmative relief by the defendant , either by counter - claim , cross ...
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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.