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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Results 1-5 of 75
Page xv
... mortgages III . Creditors ' actions 333-345 346-350 IV . Actions relating to decedents ' estates 351-355 V. Actions in reference to trusts 356-359 VI . Actions against corporations and stockholders ; and between partners 360-365 VII ...
... mortgages III . Creditors ' actions 333-345 346-350 IV . Actions relating to decedents ' estates 351-355 V. Actions in reference to trusts 356-359 VI . Actions against corporations and stockholders ; and between partners 360-365 VII ...
Page 105
... mortgage on the land which had been foreclosed , and the land was bought by Dr. Clarke in 1831 , and was by him conveyed to one Risley and from him by mesne conveyances to the defendant . The defendant's contention was that Dr. Clarke ...
... mortgage on the land which had been foreclosed , and the land was bought by Dr. Clarke in 1831 , and was by him conveyed to one Risley and from him by mesne conveyances to the defendant . The defendant's contention was that Dr. Clarke ...
Page 110
... mortgage , given thereon by the plaintiff , which was intended to secure a certain note executed by the plaintiff , which had become due ; but by mutual mistake it was made to secure another note of the plaintiff which was not yet due ...
... mortgage , given thereon by the plaintiff , which was intended to secure a certain note executed by the plaintiff , which had become due ; but by mutual mistake it was made to secure another note of the plaintiff which was not yet due ...
Page 113
... mortgage , the defendant may show the original agreement to except such mortgage from the operation of the covenant , and that by mistake the exception was omitted.1 In an action upon a judgment recovered against the defendant , the ...
... mortgage , the defendant may show the original agreement to except such mortgage from the operation of the covenant , and that by mistake the exception was omitted.1 In an action upon a judgment recovered against the defendant , the ...
Page 114
... mortgage of the land in question , given by the plaintiff or his predecessors , default in payment of the debt secured thereby , and possession of the land by defendant under the mort- gagee , states a good equitable defence to an ...
... mortgage of the land in question , given by the plaintiff or his predecessors , default in payment of the debt secured thereby , and possession of the land by defendant under the mort- gagee , states a good equitable defence to an ...
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Common terms and phrases
abolished action brought action to recover actions at law alleged answer 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 judges 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 209 - 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 354 - 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 146 - 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 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 356 - 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 144 - 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 474 - 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.
Page 634 - 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 501 - Upon 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 238 - 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.