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 90
Page xix
... Wrong - doer has repudiated the Contract . 17. Instances of Election between Actions upon the same Contract . 18. Other instances of Election . 19. ' Considerations that should control the Election . CHAPTER III . OF PARTIES TO ACTIONS ...
... Wrong - doer has repudiated the Contract . 17. Instances of Election between Actions upon the same Contract . 18. Other instances of Election . 19. ' Considerations that should control the Election . CHAPTER III . OF PARTIES TO ACTIONS ...
Page 4
... wrong ? If I were to venture a definition of a civil action in an adversary proceeding I would drop the words " the enforcement or protection of a right , " leaving as its object the " redress or prevention of a wrong . " We sue because ...
... wrong ? If I were to venture a definition of a civil action in an adversary proceeding I would drop the words " the enforcement or protection of a right , " leaving as its object the " redress or prevention of a wrong . " We sue because ...
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... 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 sought . " § 2. Common - law Actions - How ...
... 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 sought . " § 2. Common - law Actions - How ...
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... wrong and object of the proceeding , and save the necessity of long descriptive phrases . § 8. The Distinction between Assumpsit , Debt , and Cov- enant not Preserved . There is no reason why we should still speak of , and distinguish ...
... wrong and object of the proceeding , and save the necessity of long descriptive phrases . § 8. The Distinction between Assumpsit , Debt , and Cov- enant not Preserved . There is no reason why we should still speak of , and distinguish ...
Page 16
... Wrong - doer has repudiated the Contract . 17. Instances of Election between Actions upon the same Contract . 18. Other instances of Election . 19. Considerations that should control the Election . § 11. The Right distinguished . In ...
... Wrong - doer has repudiated the Contract . 17. Instances of Election between Actions upon the same Contract . 18. Other instances of Election . 19. Considerations that should control the Election . § 11. The Right distinguished . In ...
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Common terms and phrases
affirmative agreement allegation answer arising assignment assignor assumpsit authority averment Bank Barb bill BLISS CODE breach brought cause of action Chit choses in action claim Code Civ common-law complaint contract counter-claim courts of equity creditors damages debt defect defendant demand demurrer denial denied distinct enforce entitled equity ex delicto executor facts fraud given held Indiana indorsement injury Iowa issue joinder joined joint jointly judgment jurisdiction land liability matter ment Minn misjoinder Missouri mortgage necessary numbers refer obligation Ohio St owner party in interest permitted petition plaintiff plea pleader pleading possession privity proceeding promise promissory note real party recover relief remedy right of action rule says separate set-off statement statute statute of frauds sued suit Supreme Court sustained tion tort trespass Wend wrong York
Popular passages
Page 111 - 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 258 - 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 149 - 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 530 - 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 85 - ... 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 585 - 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 149 - 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 517 - 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 426 - 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 118 - ... 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.