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A Selection of Cases on Pleading, with References and Citations
James Barr Ames
Ingen forhåndsvisning tilgjengelig - 2016
Accord admitted affirmative alleged allowed amended count amount answer appears arrest assignment authority averment Bank Barb bill Brown cause of action claim close Code Colo common complaint condition Conn consideration constitute contained contract court damages Davis debt declaration defect defendant delivered demurrer denial denied departure effect entered error evidence facts fraud give given ground held Iowa issue Johns Johnson Jones judge judgment jurisdiction jury justified Mass matter Minn motion N. Y. Ap necessary negligence notice objection opinion Oreg overruled party payment person plaintiff plea pleading promise proved question reason record recover replication Reports rule says semble Smith sold statement statute sufficient suit SUPREME COURT sustained taken TERM tion traverse trespass trial true verdict writ
Side 71 - 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; 2.
Side 318 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Side 39 - When any of the matters enumerated in section forty, do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Side 183 - ... ascertained by reference to the bill, and therefore the award is sufficiently certain in this respect. I am therefore of opinion that the plaintiff is entitled to judgment. Lord...
Side 221 - The Court or a judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court or a judge...
Side 74 - An allegation that the party has not sufficient knowledge or information to form a belief, with respect to a matter, must, for the same purposes, be regarded as an allegation that the person verifying the pleading has not such knowledge or information.
Side 32 - That there is another action pending between the same parties, for the same cause.
Side 125 - If facts which occur subsequent to the date of the original transaction do not constitute new matter, what facts do constitute it ? And if any subsequent matter can properly be called "new matter," must not all subsequent matters be equally entitled to the same designation? The language of the Code is explicit that the "answer shall contain a statement of any new matter constituting a defence.
Side 221 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...