The Historical Development of Code Pleading in America and England: With Special Reference to the Codes of New York, Missouri, California, Kentucky, Iowa, Minnesota, Indiana, Ohio, Oregon, Washington, Nebraska, Wisconsin, Kansas, Nevada, North Dakota, South Dakota, Idaho, Montana, Arizona, North Carolina, South Carolina, Arkansas, Wyoming, Utah, Colorado, Connecticut, and OklahomaW. H. Anderson & Company, 1897 - 318 pages |
Other editions - View all
The Historical Development of Code Pleading in America and England (Classic ... Charles M. Hepburn No preview available - 2015 |
The Historical Development of Code Pleading in America and England (Classic ... Charles M. Hepburn No preview available - 2018 |
Common terms and phrases
actions at law adopted alleged amendment American codes answer appear assumpsit Bentham California cause of action century civil action civil procedure code of civil code of procedure code pleading codification commissioners common law pleading common law procedure confession and avoidance contract court of chancery court of equity Court of Justice David Dudley Field declaration defendant demurrer denial deny distinct effect enactment England English code federal courts formal forms of action framed High Court Iowa issue joinder joinder of issue judge judicature acts jurisdiction jurisprudence jury law and equity lawyers legal and equitable legislation legislature matter ment movement nature Ohio party plaintiff plaintiff's claim plea principle proceedings provisions reform relief remedy reply revision rules of court sections statement of claim Stats statute statutory substantive law suit Supreme Court system of pleading tion trial without pleadings writ York code
Popular passages
Page 202 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities, without any amendment.
Page 268 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 153 - The practice, pleadings, forms, and modes of proceeding in civil causes, other than equity and admiralty causes in the Circuit and District Courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding, existing at the time in like causes in the courts of record of the State, within which such Circuit or District Courts are held, any rule of the court to the contrary notwithstanding.
Page 268 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading 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...
Page 144 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 260 - In all actions where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising (A.) upon a contract, express or implied...
Page 54 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 246 - Any party may, by notice in writing, at any time not later than nine days before the day for which notice of trial has been given, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice.
Page 139 - State," passed April 12, 1848. Passed April 11,1849. The act entitled " An act to simplify and abridge the practice, pleadings, and proceedings of the courts of this State...
Page 206 - Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary, be divided into paragraphs, numbered consecutively.