Estee's Pleadings, Practice, and Forms: Adapted to Actions and Special Proceedings Under Codes of Civil Procedure, Volume 1Bancroft-Whitney Company, 1886 - Civil procedure |
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Common terms and phrases
affidavit aforesaid agent alleges amount appointed assignment assumpsit attorney aver Bank Barb Bosw brought California Code cause of action circuit court Civil Code Civil Proc claim Code C. P. Code Civil commencement common law complaint constitution contract corporation court of equity Cranch creditor damages debt debtor defendant DEMAND OF JUDGMENT demurrer Duer duly E. D. Smith equity execution executor executor or administrator facts fendant filed Form guardian held husband injury interest Johns joinder joined judge JURAT jurisdiction justice liable maintain an action ment mortgage N. Y. Code necessary Ohio Ohio St paid partner party payment performed person petition plaintiff complains pleading proceedings promissory note receiver recover rule Sandf sheriff statute stockholder sued sufficient suit superior court thereof tion TITLE trustees United venue verified Wend West Coast Rep wife York
Popular passages
Page 192 - ... 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 11 - Justices shall be necessary to pronounce a judgment. The Chief Justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the Court to be heard and decided by the Court in bank.
Page 13 - The Superior Court shall have original jurisdiction in *. all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Page 165 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 83 - 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 196 - 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 598 - ... and for money received by the defendant for the use of the plaintiff...
Page 672 - When the death of a person, not being a minor, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death; or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as, under all the circumstances of the case, may be just.
Page 89 - When a married woman is a party, her husband must be joined with her, except: 1. When the action concerns her separate property, or her right or claim to the homestead property, she may sue alone; 2. When the action is between herself and her husband, she may sue or be sued alone; 3.
Page 42 - It shall then be the duty of the state court to accept said petition and bond, and proceed no further in such...