Cases on Procedure, Annotated: Code PleadingCallaghan, 1913 - 761 sider |
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Resultat 1-5 av 100
Side 34
... plaintiff a certain sum . The defendant accepted the draft , expressly agreeing to pay the plaintiff the sum named . Clearly , the plaintiff held the legal title to the demand , and was the real party in interest . It did not concern ...
... plaintiff a certain sum . The defendant accepted the draft , expressly agreeing to pay the plaintiff the sum named . Clearly , the plaintiff held the legal title to the demand , and was the real party in interest . It did not concern ...
Side 35
... plaintiff was not the owner of the note , and therefore not the real party in interest . It was ruled : " It makes no difference that the plaintiff paid nothing for the note . Forbes had the right to indorse it to him whenever the note ...
... plaintiff was not the owner of the note , and therefore not the real party in interest . It was ruled : " It makes no difference that the plaintiff paid nothing for the note . Forbes had the right to indorse it to him whenever the note ...
Side 38
... plaintiff brought this action under the statute to recover $ 2,600 , the alleged value of the personal property destroyed which at the time belonged to plaintiff . The answer , in addition to a general denial , pleads facts which ...
... plaintiff brought this action under the statute to recover $ 2,600 , the alleged value of the personal property destroyed which at the time belonged to plaintiff . The answer , in addition to a general denial , pleads facts which ...
Side 39
... plaintiff the following sums in full satisfaction thereof , which together equal the full value of said prop- erty , to wit , by said Cosmopolitan Fire Insurance Company the sum of $ 855.64 , by said Ohio German Fire Insurance Company ...
... plaintiff the following sums in full satisfaction thereof , which together equal the full value of said prop- erty , to wit , by said Cosmopolitan Fire Insurance Company the sum of $ 855.64 , by said Ohio German Fire Insurance Company ...
Side 46
... plaintiff , upon suing upon a note payable to bearer or indorsed in blank , has no interest in it , and , in addition , that he is suing against the will of the party beneficially interested , he could not recover , as his conduct would ...
... plaintiff , upon suing upon a note payable to bearer or indorsed in blank , has no interest in it , and , in addition , that he is suing against the will of the party beneficially interested , he could not recover , as his conduct would ...
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Vanlige uttrykk og setninger
actions at law affirmative defense affirmed Alaska statutes alleged amount answer appellant appellee arising assigned authority averment benefit brought cause of action chose in action claim Code Civ Code Pleading common law Comp complaint constitute a cause contract counterclaim court of equity damages debt decree defendant defendant's demand demurrer denial distinct entitled evidence express trust facts constituting fendant ground held injury insurance company interpleader issue James G joinder joined as plaintiffs judgment jury Justice legal title liability litigation matter Minn misjoinder mortgage negligence overruled Owen owner paragraph party in interest payment person petition plain plea pleader promissory note prosecuted question railroad real party reason recover recovery relief remedy rule separate South Carolina Stat sued sufficient suits in equity supra Supreme Court sustained therein thereof tiff tion tort transaction trial
Populære avsnitt
Side 204 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Side 506 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. 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...
Side 64 - 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...
Side 25 - 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.
Side 75 - A trustee of an express trust, within the meaning of this section, shall be construed to include a person with whom, or In whose name, a contract is made for the benefit of another.
Side 293 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Side 364 - 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 ; 2.
Side 196 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of — 1. The same transaction, or transactions connected with the same subject of action; or, 2.
Side 362 - The answer of the defendant must contain, 1. A general or specific denial of each material allegation of the complaint, controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Side 696 - ... adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect...