 | Henry Whittaker - 1852 - 900 pages
...proceeding. By section 167, special provisions are made upon this last, subject as follows : — § 167. 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,... | |
 | New York (State) - 1852 - 606 pages
...property. § 167. [U3.] (Amended 1849-1852.) What causes of action may lie joined in the same action. — The plaintiff may unite in the same complaint several causes of action, whether they Ite . such as have oeen heretofore denominated legal or equitable, or f both, where they all arise... | |
 | Nathan Howard (Jr.) - 1853 - 594 pages
...Code of Procedure. The 167th section, as amended by the act of April 16, 1852, provides(sw&d. l)that the plaintiff may unite in the same complaint several causes of action, " where they all arise out of the same transaction or transactions connected with the same subject... | |
 | New York (State) - 1855 - 802 pages
...property. § 167. [143.] (Amended 1849-1852.) What causes of action may be joined in the same complaint. The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated If gal or equitable, or both, where they all arise out of, 1. TÏM sanie... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 pages
...issue by the pleadings, and the court was bound in law to decide all these questions in this action. 1. The plaintiff may unite in the same complaint several causes of action, legal or equitable, or both, where they all arise out of the same transaction, or out of contract,... | |
 | 1853 - 460 pages
...will be permitted, in his defence, to set forth as many defences and counter-claims as he may have, whether they be such as have heretofore been denominated legal or equitable, or both. In other words, if he be sued upon what is now called a legal claim, and has a just defence, he will... | |
 | District of Columbia - 1857 - 788 pages
...whether he prove the justification or not, he may give in evidence the mitigating circumstances. SEC. 40. 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, when they are included in either one of the... | |
 | Nathan Howard (Jr.) - 1857 - 614 pages
...defences as he has, but also that he may set up as many counter-claims as he may have, (Code, § 151,) whether they be such as have heretofore been denominated legal or equitable, or both. As a counter-claim, he may set up any cause of action which he has against the plaintiff, " arising... | |
 | Nathan Howard (Jr.) - 1859 - 618 pages
...to the relief sought, must be made a party. (9 Cow. 637 ; 2 Paige, 278.) By the Code, section 167, the plaintiff may unite in the same complaint several causes of action, whether they be such as Armstrong agt. Hall. have been heretofore denominated legal or equitable, when they all arise out of... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1859 - 662 pages
...provides that the defendant may set forth by answer as many defences and counter-claims as Tie may have; whether they be such as have heretofore been denominated legal or equitable or both. Indeed the principle has been settled in this court that an equitable defence could be interposed to... | |
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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... 
