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 38
... parties is of great practical importance ; and it is the one concerning which there has been by far the most confusion , uncertainty , and contradiction among the decided cases . The common - law and the equity theories of parties stood ...
... parties is of great practical importance ; and it is the one concerning which there has been by far the most confusion , uncertainty , and contradiction among the decided cases . The common - law and the equity theories of parties stood ...
Page 68
... parties because they have some perhaps remote interest in the controversy , and it is expedient to bind them by the decree . It is undoubtedly possible to extend these general principles as to parties , so that they may be applied to ...
... parties because they have some perhaps remote interest in the controversy , and it is expedient to bind them by the decree . It is undoubtedly possible to extend these general principles as to parties , so that they may be applied to ...
Page 70
... parties , which prescribe the relations between the recovery and the existence of proper parties to the action , which define the instances in which affirmative relief may be granted to the defendants or to a portion of them , and those ...
... parties , which prescribe the relations between the recovery and the existence of proper parties to the action , which define the instances in which affirmative relief may be granted to the defendants or to a portion of them , and those ...
Page 74
... parties de- fendant under § 118 , which provides that ' any person may be made a defendant who has or claims an interest in the con- troversy adverse to the plaintiff , or who is a necessary party to a complete determina- tion or ...
... parties de- fendant under § 118 , which provides that ' any person may be made a defendant who has or claims an interest in the con- troversy adverse to the plaintiff , or who is a necessary party to a complete determina- tion or ...
Page 77
... parties are to be determined remain unchanged . " Whether the court properly applied the principle which they invoke may well , as I think , be questioned . Does not the plaintiff's ability to recover the possession in this action ...
... parties are to be determined remain unchanged . " Whether the court properly applied the principle which they invoke may well , as I think , be questioned . Does not the plaintiff's ability to recover the possession in this action ...
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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.