Cases on Common Law Pleading

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B.J. Smith, 1924 - Pleading - 459 pages

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Page 34 - With respect to the former case it is to be observed, that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given the verdict, such defect,...
Page 257 - The defendant may set forth by answer as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both.
Page 293 - Each material allegation of the complaint not controverted by the answer, and each material allegation of new matter in the answer, not controverted by the reply, where a reply is required, must for the purposes of the action be taken as true.
Page 56 - For and in consideration of the sum of one dollar, the receipt whereof is hereby acknowledged, we have this day purchased from John W.
Page 49 - that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it.
Page 412 - An act to confer jurisdiction upon the court of claims to hear, audit and determine the claim of Robert H. Woodworth against the state for damages for personal injuries alleged to have been sustained by him while in the employ of the state as guard at the Dannemora state hospital, and to render judgment therefor...
Page 320 - When any of the matters enumerated in section forty, do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 298 - LIVERPOOL, and bound for being marked and numbered as per margin ; and are to be delivered, in the like good order and condition, at the aforesaid Port of (all and every the dangers and accidents of the Seas and Navigation...
Page 44 - J. — This is an appeal from a judgment and order denying a motion for a new trial in an action brought by plaintiff against defendants, who are designated in the complaint as " John McCormick and Oscar Lewis, partners, doing business under the firm name of McCormick & Lewis...
Page 200 - The instrument which is thus adopted as a part of the complaint must show upon its face in direct terms, and not by implication, all the facts which the pleader would have to allege under the former mode of pleading by averment.

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