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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Page xxi
... Proceedings . 63. Whether the Right is joint or several . 64. Assignment of joint Rights . 65. Parties in partial Assignments . 65a . Same - In a partial assignment by a joint obligee . 65b . Continued - In case of insolvency of partner ...
... Proceedings . 63. Whether the Right is joint or several . 64. Assignment of joint Rights . 65. Parties in partial Assignments . 65a . Same - In a partial assignment by a joint obligee . 65b . Continued - In case of insolvency of partner ...
Page 6
... Proceeding Defined . [ Following this definition of an action , the New York Code provides that " every other prosecution by a party , for either of the purposes specified in the last section , is a special proceeding . " Code Civ ...
... Proceeding Defined . [ Following this definition of an action , the New York Code provides that " every other prosecution by a party , for either of the purposes specified in the last section , is a special proceeding . " Code Civ ...
Page 6
... proceeding " is purely a code term , and may be defined as an application or proceeding , not resulting in a judgment , to establish the status or right of a party , or a particular fact . The statute in special proceedings must be ...
... proceeding " is purely a code term , and may be defined as an application or proceeding , not resulting in a judgment , to establish the status or right of a party , or a particular fact . The statute in special proceedings must be ...
Page 6
... proceeding for the redress or prevention of a wrong , the cause of action must necessarily be the wrong which is committed or threatened , and the object of a specific action is such redress or prevention by means of the relief which is ...
... proceeding for the redress or prevention of a wrong , the cause of action must necessarily be the wrong which is committed or threatened , and the object of a specific action is such redress or prevention by means of the relief which is ...
Page 7
... proceedings , in some states , are still substantially preserved.11 § 4. Name and form of actions under the code ... proceeding is now the same in the forms of all such actions and suits heretofore existing ( 7 ) CH . I. ] 84 NATURE ...
... proceedings , in some states , are still substantially preserved.11 § 4. Name and form of actions under the code ... proceeding is now the same in the forms of all such actions and suits heretofore existing ( 7 ) CH . I. ] 84 NATURE ...
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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.