A Treatise on the Law of Pleading Under the Code of Civil Procedure: Designed for All the Code States. With Forms and Directions |
From inside the book
Results 1-5 of 89
Page 8
... party , and may be speedily applied by the court through the single civil action of the code.1 All good pleading in stating a cause of action is based upon reason which the causes which produce the injury are stated , the con- is a ...
... party , and may be speedily applied by the court through the single civil action of the code.1 All good pleading in stating a cause of action is based upon reason which the causes which produce the injury are stated , the con- is a ...
Page 13
... party . At common law less particularity is required when the facts lie more in the knowledge of the adverse party than of the party 1 Steph . Pl . 179 . Williams v . Port , 14 Ind . 569 . ' Young v . Catlett , 6 Duer . 437 : * Fish v ...
... party . At common law less particularity is required when the facts lie more in the knowledge of the adverse party than of the party 1 Steph . Pl . 179 . Williams v . Port , 14 Ind . 569 . ' Young v . Catlett , 6 Duer . 437 : * Fish v ...
Page 20
... PARTIES TO AN ACTION . The code has simplified the procedure in relation to parties plaintiff . The general rule being that the action is to be brought by the real party in interest - the person or persons entitled to the fruits of the ...
... PARTIES TO AN ACTION . The code has simplified the procedure in relation to parties plaintiff . The general rule being that the action is to be brought by the real party in interest - the person or persons entitled to the fruits of the ...
Page 21
... Party plaintiff . As a general rule , the party who is en- titled to the fruit of the litigation , is the proper person to bring and maintain an action . He is the real party in interest . In actions at law but little difficulty will be ...
... Party plaintiff . As a general rule , the party who is en- titled to the fruit of the litigation , is the proper person to bring and maintain an action . He is the real party in interest . In actions at law but little difficulty will be ...
Page 22
... party . 2 What rights of action not assignable . As a general rule it may be stated that mere personal torts , which die with the party , and do not survive to his personal representatives , are not assignable . And the converse of the ...
... party . 2 What rights of action not assignable . As a general rule it may be stated that mere personal torts , which die with the party , and do not survive to his personal representatives , are not assignable . And the converse of the ...
Other editions - View all
A Treatise on the Law of Pleading Under the Code of Civil Procedure ... Samuel Maxwell No preview available - 2018 |
A Treatise on the Law of Pleading Under the Code of Civil Procedure ... Samuel Maxwell No preview available - 2015 |
A Treatise on the Law of Pleading Under the Code of Civil Procedure ... Samuel Maxwell No preview available - 2018 |
Common terms and phrases
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
Popular passages
Page 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...
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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...
Page 521 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 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.