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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... "
Cases on Procedure, Annotated: Code Pleading - Page 196
by Edson Read Sunderland - 1913 - 761 pages
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...nor in the number and variety of them, which should prevent a uniform mode of I rial in all case?, whether they be such as have been heretofore denominated legal or equitable. The next point for consideration is, how, in respect of form, the questions should be submitted to...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

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...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 pages
...action. The defendant may get forth, by answer, as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both. They must each be separately stated, and refer to the causes of action which they are intended to answer,...
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Laws of the State of New York

New York (State) - 1852 - 836 pages
...action; The defendant may set forth by answer, as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both They must each be separately stated, and refer to the causes of action which they are intended to answer,...
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Wisconsin Session Laws

Wisconsin - 1853 - 810 pages
...set forth by answer as ground!/ rf many defences and counter claims as he may have, whedefc-.r , ther they be such as have been heretofore denominated legal or equitable, or both ; they must each be separated finitely stated, stated, and refer to the causes of action which they...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

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...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1854 - 722 pages
...defendant may set forth by answer, as many deBunce r. Retd. fenses and counter claims, as he may have, whether they be such as have been heretofore denominated legal or equitable or both." This amendment of the code was in force at the time this cause was tried, but it is proper to add that...
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Connecticut Reports: Containing Cases Argued and Determined in ..., Volume 63

Connecticut. Supreme Court of Errors - 1894 - 712 pages
...when they are all brought to recover — " (7) Upon claims whether in contract or tort arising out of the same transaction or transactions connected with the same subject of action." In the case at bar both the causes of action arose out of the same transaction, to wit : the execution...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

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...whether they be such as have been heretofore denominated If gal or equitable, or both, where they all arise out of, 1. TÏM sanie transaction, or transactions...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 8

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,...
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