A Treatise on the Principles of Pleading in Civil Actions |
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Common terms and phrases
absque hoc admits adverse party affirmative alleged answer appears arrest assignment assumpsit averment Black breach Burr Carth cause of action certainty Chitt common law complaint conclude confession contract court covenant broken Cowp debt declaration deed defects defendant pleads defendant's demurrer denial deny dilatory pleas Doug East Eliz evidence ex delicto fault feoffment Gilb immaterial inducement issue in fact joinder joined judgment jurisdiction jury laid Litt material ment misjoinder mode N. Y. Code necessary negative pregnant non est factum nonjoinder oyer particular plaintiff plea in abatement Pleader principle profert proved record repleader replication right of action rule Salk Saund seised special demurrer special plea statute Stra sufficient suit tendered Tidd tion transitory actions traverse trespass trial trover venue verdict whole Wils writ Yelv
Popular passages
Page 32 - 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 56 - ... indebted to the plaintiff in a large sum of money, to wit, the sum of 444/.
Page 244 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated; but such death being suggested upon the record, the action shall proceed...
Page 245 - ... and if the defendant die after such interlocutory judgment and before final judgment therein obtained, the said action shall not abate, if such action might be originally prosecuted or maintained against the executor or administrator of such defendant...
Page vi - This system, matured by the wisdom of ages, founded on principles of truth and sound reason, has been ruthlessly abolished in many of our States, who have rashly substituted in its place the suggestions of sciolists, who invent new codes and systems of pleading to order.
Page 98 - PI. 27-8; 2 H. Black. 161; Bac. Abr. Venue, B.; 5 Mass. 96. (TO) To the ancient common-law rule, that every action must be laid in the county, in which the cause of action arose, there appears to have been originally, or at a very early period, an exception in the case of actions founded on personal contracts; as in account, debt, and covenant broken. Actions of this kind were allowed to be brought in any county, in accordance with the maxim...
Page ii - In the Clerk's Office of the District Court of the Northern District of New York.
Page 441 - Support to those propositions is found everywhere; but it is equally well settled, that, if the plaintiff fails on demurrer in his first action from the omission of an essential allegation in his declaration which is fully supplied in the second suit, the judgment in the first suit is no bar to the second, although the respective actions were instituted to enforce the same right; for the reason that the merits of the cause, as disclosed in the second declaration, were not heard and decided in the...
Page 7 - The defendant denies that the plaintiff is entitled to the sum of money demanded in this action, or any part thereof...
Page 70 - ... when words are used which will bear a natural sense, and also an artificial one, or one to be made out by argument, or inference, the natural sense shall prevail.