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affidavit alleged answer assignment assumpsit attorney averment Bank Barb Bosw breach brought California cause of action change of venue Chit chose in action City Civil Code Civil Procedure claim Code Civ commenced common law complaint constitute contract corporation creditors damages debt defendant Demand of Judgment demurrer Duer duly E. D. Smith entitled equity executor or administrator facts Form held husband injury interest Iowa joinder joined joint judge Jurat jurisdiction justice liability lien maintain an action matter ment Minn mortgage motion necessary Ohio St Oreg partner party person petition place of trial plaint plaintiff plaintiff complains pleading proceedings promise promissory note recover recovery relief rule Sandf Santv sheriff statute stockholders subscription sued sufficient suit Superior Court tenants in common thereof tion tort trustee verified Wend West Coast Rep wife York
Page 924 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Page 287 - ... 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 996 - Negligence" has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 226 - Claims against a trustee by virtue of a contract or by operation of law; 5.
Page 22 - The Superior Court shall have original jurisdiction in *. all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Page 246 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 129 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 292 - 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...