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action at law actual adopted alleged answer appeal applied arising assignment authority averment bill breach brought cause of action cited claim Code common law complaint consideration constitute contract count court damages debt defendant demand demurrer determine distinction doctrine effect entitled equity established evidence existing express facts follows forms of action fraud given ground held infra injury intended interest issue joined judge judgment jurisdiction jury justice land liability litigation maintain matter ment nature necessary objection obtained opinion original parties persons petition plain plaintiff pleading possession practice present principles procedure proceeding proof proved provision question reason recover recovery reference reform relief remedy respect result rule seems separate specific statement statute sued sufficient suit Supreme Court sustained technical theory tion tort transaction trespass trial true wrong York
Page 400 - 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.
Page 239 - 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 711 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Page 321 - 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 322 - 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 trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom, or in whose name, a contract is made for the benefit of another.
Page 153 - 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 of private wrongs, which shall be denominated a civil action.
Page 521 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 363 - 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.