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" 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... "
Practice and Pleading Under the Codes, Original and Amended: With Appendix ... - Page 166
by Henry Whittaker - 1852 - 869 pages
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - Damages - 1858 - 778 pages
...goes on, in section 69 (62 of the Code of 1851), to enact that "the distinction between actions nl law and suits in equity, and the forms of all such...hereafter but one form of action for the enforcement and protection of private rights, and the redress of private wrongs, which shall be denominated a civil...
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The Statutes of the Territory of Kansas

Kansas - Law - 1858 - 482 pages
...ACTIONS. ?we"?csu?ub°u~ SEC. 3. That the distinction between actions at law and suits tiunstyaTdiaw in equity, and the forms of all such actions and suits, heretofore Eutoneibrm of existing, are abolished: and in their place there shall be, hereoaiied civil M- after,...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...OF CIVIL ACTIONS, AND OF THE PARTIES THERETO. 1. There shall be in this state but one form of civil action, for the enforcement or protection of private rights, and the redress or prevention of private wrongs. 1. " There shall he hut one form of civil action," extends only to...
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Digest of Cases in Law and Equity, Argued and Determined in the Court of ...

Francis Edward Cornwell - Civil law - 1859 - 702 pages
...judgment for his debt ; and section 69 of the Code, which provides that " the distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are hereby abolished," held, not to allow the combining of such claims ; or if to be so construed, held...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 17

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1859 - 662 pages
...this would have been an incongruous complaint. But since the Code, "the distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing,are abolished." (§69.) The constitution, it is true, speaks of "equity" as distinguished...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 11

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1859 - 654 pages
...pleaded is not correct as matter of law. Since the adoption of the code, the distinctions between actions at law and suits in equity, and the forms of all such actions and suits theretofore existing, are abolished. 2 RS p. 27. The Court below was authorized to administer such...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

George Caines - Law reports, digests, etc - 1854 - 764 pages
...amended to " sittings," and be made absolute for judgment. Motion granted. distinction between actions at law and suits in equity, and the forms of all such...private rights and the redress of private wrongs, which lhall be denominated a civil action. The provisions of the Revised Statutes relating to the partition...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 10

Nathan Howard (Jr.) - Civil procedure - 1860 - 616 pages
...definition of an action was intended to include all actions at law and suits in equity. (§ 2.) And by § 69 the distinction between actions at law and suits...equity, and the forms of all such actions and suits previously existing, are abolished. Keeping these provisions in mind, and Mayhew agt. Robinson. also...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 19

Nathan Howard (Jr.) - Civil procedure - 1860 - 620 pages
...implication. The Code has abolished, so far as was deemed practicable, all distinction between actions at law and suits in equity, and the forms of all such actions and suits as they existed prior to its enactment. (Code, § 69.) By ^ 306 costs in all suits in equity " may...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 10

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1860 - 650 pages
...provisions of the Code of 1843. By the 62d section of the Code of 184S, the distinction between actions at law and suits in equity and the forms of all such actions and suits are abolished, and a single form of action is established in lieu thereof. By § 118 all existing forms...
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