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Cases on Procedure, Annotated: Code Pleading (Classic Reprint)
Edson Read Sunderland
Náhled není k dispozici. - 2018
according admitted affirmed alleged allowed amendment amount answer appellant arising assigned authority averment Bank benefit brought cause of action charge claim common law complaint consideration constitute contain contract counterclaim damages debt decision defect defendant delivered demand demurrer denial denied determine distinct effect entitled equity evidence executed existing express facts favor filed follows further ground held hold injury interest issue joined judgment Justice land maintain material matter motion necessary negligence objection opinion original overruled owner paragraph parties payment person petition plain plaintiff pleading practice present proper prosecuted question reason received recover recovery referred relief remedy reply rule says separate statement statute sufficient suit supra Supreme Court sustained taken thereof tion tort trial true trust York
Strana 204 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Strana 506 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. The counterclaim mentioned in the last section, must be one existing in favor of a defendant, and against a plaintiff, between whom a several judgment might be had in the action...
Strana 64 - 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...
Strana 25 - An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Strana 75 - A trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom, or In whose name, a contract is made for the benefit of another.
Strana 293 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Strana 364 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Strana 196 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of — 1. The same transaction, or transactions connected with the same subject of action; or, 2.
Strana 362 - The answer of the defendant must contain, 1. A general or specific denial of each material allegation of the complaint, controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.