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A Treatise on the Law of Pleading Under the Code of Civil Procedure ...
Приказ није доступан - 2015
Add prayer agreement amount answer appear applied assigned authority Bank bill bring brought cause of action charge cited claim common law condition consideration constitute contract copy corporation court creditor damages debt deed defendant delivered demand demurrer denial denied describe duly duty entered entitled equity evidence execution existence facts filed Fourth granted ground held injury interest issue Johns joined judgment jurisdiction land liable lien maintain matter mortgage nature necessary negligence notice objection owner paid party payment performed person petition plaintiff alleges pleading possession prays premises present proper prove purchase reason received recover refused relation relief remedy rule Second Smith sold statute sufficient suit sustained thereof Third tion tort trust
Страница 24 - 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...
Страница 822 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Страница 213 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Страница 568 - ... not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
Страница 367 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.
Страница 367 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2.
Страница 576 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case...
Страница 521 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Страница 429 - P. 249), and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law ; but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.