Hand-book of Common-law Pleading

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West Publishing Company, 1895 - Pleading - 601 pages
 

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Page 127 - In a suit to quiet title to land the plaintiff must recover upon the strength of his own title and not upon the weakness of his adversary's.
Page 274 - Where a matter is so essentially necessary to be proved, that had it not been given in evidence, the jury could not have given such a verdict, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will be cured by a verdict...
Page 357 - No matters, however multifarious, will operate to make a pleading double, that together constitute but one connected proposition or entire point? Thus, to an action for assault and imprisonment, if the defendant plead that he arrested the plaintiff on suspicion of felony, he may set forth...
Page 523 - ... the said defendant, by leave of the court here for this purpose first had and obtained, according to the form of the statute in such case made and provided, says that the said plaintiff ought not to have or maintain his aforesaid action thereof against...
Page 19 - ... for money received by the defendant for the use of the plaintiff; and for money found to be due from the defendant to the plaintiff on accounts stated between them.
Page 149 - If the defendant appears, the cause becomes mainly a suit in personam, with the added incident that the property attached...
Page 100 - But where from a given state of facts the law raises a legal obligation to do a particular act, and there is a breach of that obligation, and a consequential damage, there...
Page 516 - ... thence next ensuing : and fully to be complete and ended, yielding and paying...
Page 509 - Doe, to have and to hold the same to the said John Doe and bis assigns, from the day of , in the year aforesaid, for and during and unto the full end and term of years from thence next ensuing, and fully to be complete and ended.
Page 527 - AB hath above thereof complained; which said trespasses above newly assigned are other and different trespasses than the said trespasses in the said second plea acknowledged to have been done. And this the said AB is ready to verify.

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