A Treatise on the Law of Pleading Under the Code of Civil Procedure: Designed for All the Code States. With Forms and DirectionsCallaghan, 1892 - 872 страница |
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Страница 31
... authorities upon this question as follows : " There must exist as the foundation of the suit some action or threatened action of the man- aging board of directors or trustees of the corporation which is beyond the au- thority conferred ...
... authorities upon this question as follows : " There must exist as the foundation of the suit some action or threatened action of the man- aging board of directors or trustees of the corporation which is beyond the au- thority conferred ...
Страница 40
... authority from the let- ters testamentary , and only such executors as have taken out letters testamentary should join in the action . The executors or administrators of a deceased mortgagee may bring an action to foreclose a mortgage ...
... authority from the let- ters testamentary , and only such executors as have taken out letters testamentary should join in the action . The executors or administrators of a deceased mortgagee may bring an action to foreclose a mortgage ...
Страница 57
... authorities to the year 1845. See also Pope v . Cole , 55 N. Y. 124. In the absence of a statute to the contrary , the New York rule appears to be sus- tained by the weight of authority . and the same act , shall be regarded as jointly ...
... authorities to the year 1845. See also Pope v . Cole , 55 N. Y. 124. In the absence of a statute to the contrary , the New York rule appears to be sus- tained by the weight of authority . and the same act , shall be regarded as jointly ...
Страница 60
... authority from the owner , parts with that possession to one who refuses to deliver them , he is responsible in detainer equally with the party refusing . 5 To quiet title . The owner of land , who is in possession , may institute an ...
... authority from the owner , parts with that possession to one who refuses to deliver them , he is responsible in detainer equally with the party refusing . 5 To quiet title . The owner of land , who is in possession , may institute an ...
Страница 61
... authority of law , issued at differ- ent times 326 shares of spurious stock , which was held by 326 separate owners , many of whom had commenced actions against the company to have the stock declared genuine . The company then brought ...
... authority of law , issued at differ- ent times 326 shares of spurious stock , which was held by 326 separate owners , many of whom had commenced actions against the company to have the stock declared genuine . The company then brought ...
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Чести термини и фразе
action is brought Add prayer aforesaid agreement amended amount answer assigned Bank Barb bill Bliss Code Pl cause of action cited claim common carrier common law consideration contract copy corporation court of equity creditor debt debtor decree deed defendant delivered demurrer denial describe premises duly duty entitled execution facts filed foreclosure Fourth fraud held indorsed injury interest Iowa issue joinder judgment jurisdiction land liable lien mandamus matter ment misjoinder mortgage negligence owner paid Paige party payment performed person petition plaintiff alleges plaintiff thereon pleading possession prays promissory note purchase quo warranto real estate reason recover refused relief remedy replevin rule Second Smith sold statute sufficient sustained damages thereof thereon the sum thereupon Third tion tort trust Wend writ
Популарни одломци
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 50 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
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.