 ... a plain and concise statement of the facts constituting the cause of action without unnecessary repetition" and "a demand for such judgment as the plaintiff supposes he is entitled to.  The Northwestern Reporter - Page 3571912Full view - About this book
 | Arkansas. Supreme Court - 1877 - 810 pages
...judge, who delivered the opinion of the court, said : "The Code requires that the complaint should contain a plain and concise statement of the facts constituting the cause of action. Every fact which the plaintiff must prove to enable him to sustain his suit, and which the... | |
 | Oliver Lorenzo Barbour - 1852 - 716 pages
...Rodgora v. Rodgers. for the rules of pleading. The great and leading rule is, that the complaint shall contain a plain and concise statement of the facts constituting the cause of action ; and it is undoubtedly true that the great test in determining the character of the action,... | |
 | Nathan Howard (Jr.) - 1853 - 594 pages
...recovered, are not set forth therein in a plain and concise manner. The Code requires the complaint to contain a plain and concise statement of the facts constituting the cause of action. The complaint in this case alleges that the defendant on the first day of January 1853,... | |
 | Samuel Owen - 1854 - 398 pages
...Mercantile Ins. Co. for losj of steamer Union, $10,161 24." Held, on demurrer, that the complaint did not contain a plain and concise statement of the facts constituting the cause of action and judgment on demurrer with liberty to amend on payment of coste. The plaintiff brings... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 pages
...prescribed a new system of pleading, the fundamental rule of which, as to the complaint, is, that it shall contain a plain and concise statement of the facts constituting the cause of action. In order to constitute a cause of action against a party for the debt or default of another,... | |
 | Nathan Howard (Jr.) - 1856 - 626 pages
...palpable violation of the provisions of the Code, prescribing what a complaint shall contain. It does not contain " a plain and concise statement of the facts...the cause of action, without unnecessary repetition ;" but, on the contrary, sets forth matter of evidence, without any general fact essential to the action,... | |
 | Theodore Sedgwick - 1857 - 770 pages
...court, the name of the county where trial to be had, and the names of the parties ; then is to follow & plain and concise statement of the facts constituting...action, without unnecessary repetition, and a demand of the relief sought against the defendant."— Code, Tit. vi. § 142. As to private statutes, it declares,... | |
 | District of Columbia - 1857 - 788 pages
...specifying the name of the court and the names of parties to the action, plaintiff and defendant ; 2. A plain and concise statement of the facts constituting...the cause of action, without unnecessary repetition ; 3. A demand of the relief which the plaintiff claims. If the recovery of money or damages be demanded,... | |
 | John Duer, New York (State). Superior Court (New York) - 1856 - 754 pages
...out of which the debt arose ? The same phraseology is used in other parts of the Code. A complaint is required to contain " a plain and concise statement of the facts constituting a cause of action, without unnecessary repetition." (§ 142.) The provision prescribing the form of... | |
 | Nathan Howard (Jr.) - 1859 - 618 pages
...the "precise nature " of the case intended to be made. (§ 160.) The complaint, in particular, must contain "a plain and concise statement of the facts...cause of action, without unnecessary repetition." And without improperly uniting incongruous causes of action. (§§ 142, 144.) No irrelevant or redundant... | |
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