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A Selection of Cases on the Law of Pleading Under Modern Codes
Edward Wilcox Hinton
No preview available - 2015
admitted affirmed agreement alleged amount answer appeal applied arising assigned authority averment Bank bond breach brought cause of action charge claim complaint constitute contained contract count court damages decree deed defendant defendant's delivered demand demurrer denial denied determined distinct duty effect entitled equity error evidence execution existence facts follows further given ground held injury interest issue judge judgment jury land liable maintain matter ment mortgage motion nature necessary negligence objection opinion owner paid parties payment person petition plain plaintiff plea pleading possession present proceedings proof proper prove question reason received recover recovery referred relief remedy rendered respect reversed rule says separate statement statute sufficient suit sustained taken term thereof tion tort trial true trust verdict wrong
Page 473 - 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 197 - 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.
Page 667 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 717 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; or "2.
Page 202 - 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 528 - 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 367 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 121 - 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 219 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 566 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. 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, and arising out of one of the following causes of action: "1.