A treatise upon the law of pleading under the codes of civil porcedure of the states of New York, Connecticut, North Carolina, South Carolina, Ohio, Indiana, Kentucky, Wisconsin, Minnesota, Iowa, Missouri, Arkansas, Nebraska, California, Nevada, Oregon, Colorado, Washington, North Dakota, South Dakota, Montana, Idaho, Wyoming, and the territories of Arzona and Utah (Google eBook)

Front Cover
West publishing co., 1894 - Code pleading - 809 pages
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Contents

Indorsements and Assignments without actual Sale
77
CHAPTER V
115
Defendants in Actions founded upon Torts
134
CHAPTER VII
147
Construction of the Provisions named in the last Section
153
Parties Defendant in Suits to redeem
155
In Suits for specific Performance
173
Ilia Whether one should be made Plaintiff or Defendant
183
same Right
198
Relief they may be stated in separate Counts
204
Joinder under the Common Law and Equity Systems
210
Joinder of Causes arising out of Contract
217
Implied Contracts
218
Injuries
220
The Joinder when the Tort may be waived
222
Injuries to Character
223
Ejectment
224
Replevin 134 Claims against Trustees
226
CHAPTER X
229
The logical FormulaIllustration
230
Why are written Pleadings required? 139 This End not reached at Common
235
But Evidence should notbe pleaded
237
Other Systems must be understood
238
142 Singleness of Issue a Fiction
239
CHAPTER XI
241
Of the Court and County
242
Of the Names of the Parties
243
The true Name should be given
245
140a As to Initials
247
14Gb The Idem Souans and Variance 147 Where the Name is unknown
249
The Statement 148 Scope of the present InquiryThe introductory Words 149 The Inducement and Gist
251
What Classes of Facts are Matter of Inducement
252
Fictitious Allegations
254
The Fictitious Troiuise 153 2 In treating a Tort as a Contract how should the Facts
255
Contracts may be set out in haec Verba or according to their
267
The Rule aud Exceptions at Common
269
The Rule under the Code
279
The Oath
285
Scope of the Rule
287
of Science
303
One should not anticipate a Dejense
316
The Rule reasonableFacts distinguished
323
To be distinguished from issuable Facta
330
CHAPTER XIV
341
In Actions on Contract when should the Complaint show Privity
358
The Rule imperative except when
374
The Rule in certain other States
384
RUI E III Every Statement of a Fact should be direct and certain
459
The Statute
466
The Denial should be specificGeneral Form of Denial
481
OF THE ANSWER CONTINUED
490
Rule adopted
501
CHAPTER XVIII
549
CHAPTER XIX
602
CHAPTER XX
610
3That there is another Action pending between the same Parties for the same Cause
622
4That there is a Defect of Parties Plaintiff or Defendant
623
5That several Causes of Action are improperly united
624
6That the Complaint Petition does not state Facts sufficient to constitute a Cause of Action
626
Continued
627
414a ContinuedAs to the Statute of LimitationsCommonlaw equity and code Rules
629
The Demurrer must distinctly specify the Grounds of Objection Generally sufficient to state them in Language of Statute
631
Some general Considerations
633
417a A Demurrer runs through the Record 418 What does a Demurrer admit?
635
Answers 419 Defects met by Answer 3 Motions
638
BLISS CODE PL 0
641
Motion to strike out a frivolous PleadingDefinedIllustra tions
644
Sham PleadingDefinedIllustrationsRemedy 423 Irrelevant and redundant MatterDefinedRemedy 424 ContinuedAnswersDuplicityRemedy
649
UncertaintyStatutory ProvisionsRemedy
651
425a Uncertainty not Ground for Demurrer
652
In Respect to riling the Writing sued on 427 MisnomerThe Remedy
654
Amendments 428 Amendments discretionaryWithout Leave of CourtWith Leave of Court 429 Limitations upon the power of Amendment
658
ContinuedAs to Defenses
660
ContinuedAs to unconscionable DefensesOld Rule abolished
662
Supplemental PleadingsPurposeCause of Action cannot be changed byLeave to file must be obtained
665
Continued
667
CHAPTER XXI
669
Intendment after Verdict
672
Continued
675
Statutes in aid of defective Pleading
676
The more specific enumeration of Defects cured 442 Aider after Verdict as held under the Codes
680
CHAPTER XXII
683
Mandamus and specific Performance distinguished 445 Mandamus and Injunction distinguished 446 When issues
685
Demand 448 Pleading and Practice
687
Parties
689
Service and Return b Quo Warranto
690
Quo Warranto definedIts Nature and Object 452 What Courts have Jurisdiction
691
When Issues 454 Pleading and Practice
692
Parties c Prohibition 456 Prohibition definedIts Nature and Purpose
694
What Courts have Jurisdiction
695
When issues 459 Pleading and Practice
696
Parties
697
Copyright

Common terms and phrases

Popular passages

Page 113 - 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, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 260 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 151 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 532 - Procedure provides that the answer of the defendant shall contain (2) a statement of any new matter constituting a defense or counterclaim. Section 438 thereof provides that "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...
Page 87 - ... 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, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust, within the meaning of this section.
Page 587 - The defendant may demur to the complaint, when it shall appear upon the face thereof, either " 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, " 1. That the court has no jurisdiction of the person of the defendant or the subject of the action ; or,
Page 151 - 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 519 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Page 428 - In an action for libel or slander, it is not necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it is sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff must establish, on the trial, that it was so published or spoken.
Page 120 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.

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