Cases on Procedure, Annotated: Code Pleading

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Callaghan, 1913 - 761 pages
 

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Page 204 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 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...
Page 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...
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.
Page 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...

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