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 Oklahoma
W. H. Anderson & Company, 1897 - 318 pages
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The Historical Development of Code Pleading in America and England (Classic ...
Charles M. Hepburn
No preview available - 2015
according adopted alleged amendment American answer appear application California cause of action century chancery civil procedure claim code of civil code pleading commission common law common law pleading complete constitution contract convenient course defendant denial deny designed direct distinct effect enactment England English equity established exceptions existing express fact federal courts formal framed further give given ground indorsement instances interest issue joinder joined judge judicature acts jurisdiction justice later lawyers legislation legislature less limitations material matter movement nature necessary notice Ohio Order particular party permit plaintiff plea practice present principle proceedings provisions question referred reform relief remedy reply reported respect result revision rules separate statement Stats statute statutory substantive suit Supreme Court thing tion tort trial true United Vict whole writ York York code
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.