A Treatise Upon the Law of Pleading Under the Codes of Civil Porcedure of the States of New York, Connecticut, North Carolina, South Carolina, Ohio, Indiana, Kentucky, Wisconsin, Minnesota, Iowa, Missouri, Arkansas, Nebraska, California, Nevada, Oregon, Colorado, Washington, North Dakota, South Dakota, Montana, Idaho, Wyoming, and the Territories of Arzona and Utah |
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Results 1-5 of 65
Page 3
... Answer is made . 161. The Relief granted upon Answer , etc. , will be consistent with the Issue The equity Rule - The general Prayer . 162. When the Plaintiff mistakes the nature of his Relief . 163. Each Forum confined to its own ...
... Answer is made . 161. The Relief granted upon Answer , etc. , will be consistent with the Issue The equity Rule - The general Prayer . 162. When the Plaintiff mistakes the nature of his Relief . 163. Each Forum confined to its own ...
Page 6
... ANSWER . 1. The Denial . 324. The general Issue at common Law - What Defenses available under . 325. The Denial under the Code - No special Form required . 326. Denial of Knowledge . 327. Facts which may be proved under a Denial ...
... ANSWER . 1. The Denial . 324. The general Issue at common Law - What Defenses available under . 325. The Denial under the Code - No special Form required . 326. Denial of Knowledge . 327. Facts which may be proved under a Denial ...
Page 6
... ANSWER , CONTINUED . 3. Of Counter - Claims . Section 367. Some general Considerations - Counter - claim a Code Term - Gen- erally includes Recoupment and Set - off , and is a wider Term than either . 868. The Counter - claim not a ...
... ANSWER , CONTINUED . 3. Of Counter - Claims . Section 367. Some general Considerations - Counter - claim a Code Term - Gen- erally includes Recoupment and Set - off , and is a wider Term than either . 868. The Counter - claim not a ...
Page 6
... Answers . 419. Defects met by Answer . 3. Motions . 420. Most formal Defects met by Motion - Judgment and Order dis- tinguished . 421. Motion to strike out a frivolous Pleading - Defined - Illustra- tions . 422. Sham Pleading - Defined ...
... Answers . 419. Defects met by Answer . 3. Motions . 420. Most formal Defects met by Motion - Judgment and Order dis- tinguished . 421. Motion to strike out a frivolous Pleading - Defined - Illustra- tions . 422. Sham Pleading - Defined ...
Page 80
... answer of defendant that the note had been delivered to one Jones , who was authorized to collect it and apply the pro- ceeds upon a debt due him , was held to be good . In Hancock v . Ritchie , 11 Ind . 48 , it was held that the action ...
... answer of defendant that the note had been delivered to one Jones , who was authorized to collect it and apply the pro- ceeds upon a debt due him , was held to be good . In Hancock v . Ritchie , 11 Ind . 48 , it was held that the action ...
Contents
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Common terms and phrases
administrator agent agreement alleged arising assignment assignor assumpsit authority averment Bank Barb bill breach brought cause of action Chit choses in action claim Code Civ common law complaint conclusion of law consideration contract corporation count courts of equity damages debt deceased deed defendant demand demurrer distinction doctrine enforce entitled equity estoppel evidence ex delicto executor existence express trust facts fraud given held implied indorsement injury Iowa issue join joinder joint judgment judicial notice jurisdiction land liability matter Minn misjoinder Missouri mortgage necessary obligation Ohio St owner party in interest personal representatives petition plaintiff pleader pleading possession privity probative facts Proc proceeding promise promissory note real party recover regard relief remedy right of action rule says statement statute sued suit sustained take judicial term tion tort trespass wrong York
Popular passages
Page 113 - 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, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 260 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 151 - 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 532 - 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 87 - ... 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, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. 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.
Page 587 - The defendant may demur to the complaint, when it shall appear upon the face thereof, either— " 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, " 1. That the court has no jurisdiction of the person of the defendant or the subject of the action ; or,
Page 151 - 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 519 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Page 428 - In an action for libel or slander, it is not necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it is sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff must establish, on the trial, that it was so published or spoken.
Page 120 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.