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 20
... joining . At common law the option of joining the parties as plaintiffs or defendants did not exist , because a disputed issue was alone contested between adverse claimants , and the immediate parties to the action were alone bound by ...
... joining . At common law the option of joining the parties as plaintiffs or defendants did not exist , because a disputed issue was alone contested between adverse claimants , and the immediate parties to the action were alone bound by ...
Страница 24
... joining with him the person for whose benefit it is prosecuted . Officers may sue and be sued in such name as is authorized by law , and official bonds may be sued upon in the same way . " An express trust is thus defined : " It is ...
... joining with him the person for whose benefit it is prosecuted . Officers may sue and be sued in such name as is authorized by law , and official bonds may be sued upon in the same way . " An express trust is thus defined : " It is ...
Страница 25
... joined or not , at the option of the plaintiff . 5 As a decree binds only parties and privies ordinarily , the better course is to join either as plaint- iffs or defendants all persons who have an interest in the sub- ject matter of the ...
... joined or not , at the option of the plaintiff . 5 As a decree binds only parties and privies ordinarily , the better course is to join either as plaint- iffs or defendants all persons who have an interest in the sub- ject matter of the ...
Страница 26
... joined as parties and served with process - as where some of them are beyond the jurisdiction of the court , 2 or are dead , and their legal representatives are un- known . In many of the code states there are provisions for service ...
... joined as parties and served with process - as where some of them are beyond the jurisdiction of the court , 2 or are dead , and their legal representatives are un- known . In many of the code states there are provisions for service ...
Страница 27
... joining the beneficiaries . 4 An auctioneer may sue for the price of goods sold by him , and it is not necessary to prove that he has a special property in the goods . But the owner of the goods may also sue . A sheriff may maintain an ...
... joining the beneficiaries . 4 An auctioneer may sue for the price of goods sold by him , and it is not necessary to prove that he has a special property in the goods . But the owner of the goods may also sue . A sheriff may maintain an ...
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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.