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 10
... sustain it . Therefore , if a pleading was defective , either in form or substance , it was held insufficient . This rule has been abrogated by the code to this extent , that in constru- ing a pleading for the purpose of determining its ...
... sustain it . Therefore , if a pleading was defective , either in form or substance , it was held insufficient . This rule has been abrogated by the code to this extent , that in constru- ing a pleading for the purpose of determining its ...
Страница 16
... sustained as a denial . 5 Matter which may be proved under a general denial . Not infrequently a pleader , being in doubt as to his right to prove certain facts under a general denial , pleads the same as a defense in the nature of ...
... sustained as a denial . 5 Matter which may be proved under a general denial . Not infrequently a pleader , being in doubt as to his right to prove certain facts under a general denial , pleads the same as a defense in the nature of ...
Страница 35
... sustained . 2 But tenants in common who hold by different conveyances from the same grantor , cannot unite to recover damages for a breach of the several covenants in their deeds . 8 Joint right arising from torts . The code does not ...
... sustained . 2 But tenants in common who hold by different conveyances from the same grantor , cannot unite to recover damages for a breach of the several covenants in their deeds . 8 Joint right arising from torts . The code does not ...
Страница 36
... sustained , each person injured must bring a separate action . Therefore , a fire company , not being a partnership , cannot jointly maintain an action for libel or slander , the right of action being several . Election in cases of tort ...
... sustained , each person injured must bring a separate action . Therefore , a fire company , not being a partnership , cannot jointly maintain an action for libel or slander , the right of action being several . Election in cases of tort ...
Страница 41
... sustained no injury , brought are not the same in all . Judge Bliss has pointed out very clearly the parties who may maintain the action in the several states . Code Pl . , 31–2 . Usually the statute provides that the action shall be ...
... sustained no injury , brought are not the same in all . Judge Bliss has pointed out very clearly the parties who may maintain the action in the several states . Code Pl . , 31–2 . Usually the statute provides that the action shall be ...
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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.