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Page 390 - 2. A statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended. " 3. A demand of the relief, to which the plaintiff supposes himself entitled. If the recovery of money be demanded, the amount thereof
Page 392 - each allegation controverted by him, or any knowledge or information thereof sufficient to form a belief; and he may allege, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended, any new matter, not inconsistent with the complaint, constituting a defence to the counterclaim.
Page 387 - The court may determine any controversy between parties before it when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in. And
Page 387 - motion may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party ; or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 384 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore . existing, are abolished; and there shall be in this state, hereafter, but one form of action for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 396 - 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 395 - 672. The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Page 391 - plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action : " 1. A cause of action, arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiff's claim, or connected with the subject of the action :
Page 385 - by statute, may sue without joining with him the persons 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 396 - 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.