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 17
... execution , but denied that the defendant was indebted thereon . On demurrer the answer was held bad , the court saying " it was not sufficient to state that the de- fendant did not owe the debt . " 2 So , in an action on a prom- issory ...
... execution , but denied that the defendant was indebted thereon . On demurrer the answer was held bad , the court saying " it was not sufficient to state that the de- fendant did not owe the debt . " 2 So , in an action on a prom- issory ...
Страница 54
... execution of the mortgage , cannot properly be made a party for the purpose of trying such adverse claim of title . But when the adverse claimant submits his title to the court under proper issues for an adjudication , he will be bound ...
... execution of the mortgage , cannot properly be made a party for the purpose of trying such adverse claim of title . But when the adverse claimant submits his title to the court under proper issues for an adjudication , he will be bound ...
Страница 77
... execution and de- livery of the note , which the defendant may not deny . It will readily be observed , also , that by pleading such evidence the statement of facts will be very much weakened . The original assertion is that the ...
... execution and de- livery of the note , which the defendant may not deny . It will readily be observed , also , that by pleading such evidence the statement of facts will be very much weakened . The original assertion is that the ...
Страница 111
... execution of the instrument , and that a copy thereof is filed as an exhibit is sufficient , and it is not necessary to set out the instrument in full in the petition.1 Where a written instrument is filed as an exhibit to one paragraph ...
... execution of the instrument , and that a copy thereof is filed as an exhibit is sufficient , and it is not necessary to set out the instrument in full in the petition.1 Where a written instrument is filed as an exhibit to one paragraph ...
Страница 125
... execution or existence of which is in a doubt . 2 To recover upon an account stated , the action must be brought upon it as such . If the plaintiff rely on the original transactions or items included in the account , they are open to ...
... execution or existence of which is in a doubt . 2 To recover upon an account stated , the action must be brought upon it as such . If the plaintiff rely on the original transactions or items included in the account , they are open to ...
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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.