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 v
... facts constituting his cause of action , and it is made the duty of the court to apply the law to such facts . The same rules are applied in favor of the defendant , so that the needless verbiage of common law and chancery plead- ing is ...
... facts constituting his cause of action , and it is made the duty of the court to apply the law to such facts . The same rules are applied in favor of the defendant , so that the needless verbiage of common law and chancery plead- ing is ...
Страница vi
... facts upon which the cause of action or defense is predicated need be stated . This made it possible and expedient to abolish the distinc- tion between actions at law and suits in equity and to admin- ister , both legal and equitable ...
... facts upon which the cause of action or defense is predicated need be stated . This made it possible and expedient to abolish the distinc- tion between actions at law and suits in equity and to admin- ister , both legal and equitable ...
Страница 2
... fact tending to show that there was no subsisting liability , such as payment , release , etc. issue was well ... facts . The defendant could then file a rebutter to which the plaintiff could oppose a surrebutter . No other system ...
... fact tending to show that there was no subsisting liability , such as payment , release , etc. issue was well ... facts . The defendant could then file a rebutter to which the plaintiff could oppose a surrebutter . No other system ...
Страница 3
... facts on which the petitioner based his right of recovery , and prayed for the relief sought . As wealth increased among the people and new questions arose , changes in pleading occurred , and more technical modes of stating a cause of ...
... facts on which the petitioner based his right of recovery , and prayed for the relief sought . As wealth increased among the people and new questions arose , changes in pleading occurred , and more technical modes of stating a cause of ...
Страница 9
... facts stated in the petition that the plaintiff is entitled to relief , either at law or in equity , his action will not be dismissed , even if he has prayed for a judgment not warranted by either the pleadings or proof , but the court ...
... facts stated in the petition that the plaintiff is entitled to relief , either at law or in equity , his action will not be dismissed , even if he has prayed for a judgment not warranted by either the pleadings or proof , but the court ...
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A Treatise on the Law of Pleading Under the Code of Civil Procedure ... Samuel Maxwell Приказ није доступан - 2018 |
A Treatise on the Law of Pleading Under the Code of Civil Procedure ... Samuel Maxwell Приказ није доступан - 2015 |
A Treatise on the Law of Pleading Under the Code of Civil Procedure ... Samuel Maxwell Приказ није доступан - 2018 |
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.