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" The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of, 1. The same transaction or transactions connected with the same... "
Reports of Practice Cases, Determined in the Courts of the State of New York - Страница 59
написао/ла Benjamin Vaughan Abbott - 1859
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 страница
...proceeding. By section 167, special provisions are made upon this last, subject as follows : — § 167. The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of 1. The same transaction,...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 страница
...property. § 167. [U3.] (Amended 1849-1852.) What causes of action may lie joined in the same action. — The plaintiff may unite in the same complaint several causes of action, whether they Ite . such as have oeen heretofore denominated legal or equitable, or f both, where they all arise...
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Practice Reports in the Supreme Court and Court of Appeals, Том 8

Nathan Howard (Jr.) - 1853 - 594 страница
...Code of Procedure. The 167th section, as amended by the act of April 16, 1852, provides(sw&d. l)that the plaintiff may unite in the same complaint several causes of action, " where they all arise out of the same transaction or transactions connected with the same subject...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 страница
...property. § 167. [143.] (Amended 1849-1852.) What causes of action may be joined in the same complaint. The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated If gal or equitable, or both, where they all arise out of, 1. TÏM sanie...
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Reports of Cases Argued and Determined in the Superior Court of the ..., Том 8

John Duer, New York (State). Superior Court (New York) - 1855 - 738 страница
...issue by the pleadings, and the court was bound in law to decide all these questions in this action. 1. The plaintiff may unite in the same complaint several causes of action, legal or equitable, or both, where they all arise out of the same transaction, or out of contract,...
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The Law Review and Quarterly Journal of British and Foreign ..., Том 18

1853 - 460 страница
...will be permitted, in his defence, to set forth as many defences and counter-claims as he may have, whether they be such as have heretofore been denominated legal or equitable, or both. In other words, if he be sued upon what is now called a legal claim, and has a just defence, he will...
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The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 страница
...whether he prove the justification or not, he may give in evidence the mitigating circumstances. SEC. 40. The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, when they are included in either one of the...
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Practice Reports in the Supreme Court and Court of Appeals, Том 14

Nathan Howard (Jr.) - 1857 - 614 страница
...defences as he has, but also that he may set up as many counter-claims as he may have, (Code, § 151,) whether they be such as have heretofore been denominated legal or equitable, or both. As a counter-claim, he may set up any cause of action which he has against the plaintiff, " arising...
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Practice Reports in the Supreme Court and Court of Appeals, Том 17

Nathan Howard (Jr.) - 1859 - 618 страница
...to the relief sought, must be made a party. (9 Cow. 637 ; 2 Paige, 278.) By the Code, section 167, the plaintiff may unite in the same complaint several causes of action, whether they be such as Armstrong agt. Hall. have been heretofore denominated legal or equitable, when they all arise out of...
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Reports of Cases Decided in the Court of Appeals of the State of New ..., Том 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 - 1859 - 662 страница
...provides that the defendant may set forth by answer as many defences and counter-claims as Tie may have; whether they be such as have heretofore been denominated legal or equitable or both. Indeed the principle has been settled in this court that an equitable defence could be interposed to...
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