Code Remedies: Remedies and Remedial Rights by the Civil Action According to the Reformed American Procedure; a Treatise Adapted to Use in All the States and Territories where that System Prevails |
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Page xix
... proceeding from the action . at law and the suit in equity . The discussions and conclusions which it contains are not theoretical ; they are everywhere and always based upon an exhaustive examination , analysis , and com- parison of ...
... proceeding from the action . at law and the suit in equity . The discussions and conclusions which it contains are not theoretical ; they are everywhere and always based upon an exhaustive examination , analysis , and com- parison of ...
Page 4
... proceeding ; but the proceeding is not insti- tuted , nor is the determination made , on his own personal ac- count , nor for his own private benefit ; the State is in theory and in practice the party primarily interested , and the ...
... proceeding ; but the proceeding is not insti- tuted , nor is the determination made , on his own personal ac- count , nor for his own private benefit ; the State is in theory and in practice the party primarily interested , and the ...
Page 6
... proceedings . The plaintiff indicates by the formula , " In ordinary proceedings , " or " In equitable proceedings , " at the commencement of his petition or complaint , to which class the action belongs . The provisions of the code ...
... proceedings . The plaintiff indicates by the formula , " In ordinary proceedings , " or " In equitable proceedings , " at the commencement of his petition or complaint , to which class the action belongs . The provisions of the code ...
Page 8
... proceeding , no abolition of any real distinctions between legal and equitable actions , because such a result is simply impossible of attainment.1 Since the New York Constitution provides that the Supreme Court of that State shall have ...
... proceeding , no abolition of any real distinctions between legal and equitable actions , because such a result is simply impossible of attainment.1 Since the New York Constitution provides that the Supreme Court of that State shall have ...
Page 18
... proceeding . It is very plain that this arbitrary and most unjust rule rested wholly upon the ancient notions as to distinctions between legal and equitable actions , and did not rest upon any notions as to the primary rights which the ...
... proceeding . It is very plain that this arbitrary and most unjust rule rested wholly upon the ancient notions as to distinctions between legal and equitable actions , and did not rest upon any notions as to the primary rights which the ...
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Other editions - View all
CODE REMEDIES John Norton 1828-1885 Pomeroy,Thomas Ashford 1852-1921 Bogle No preview available - 2016 |
Code Remedies: Remedies and Remedial Rights by the Civil Action According to ... John Norton Pomeroy No preview available - 2017 |
CODE REMEDIES John Norton 1828-1885 Pomeroy,Thomas Ashford 1852-1921 Bogle No preview available - 2016 |
Common terms and phrases
action at law action to recover alleged arise assignment assignor assumpsit averments Bank Barb cause of action claim Code Civ Colo common common-law Conn contract court court of equity creditors debt debtor defendant demand demurrer distinct doctrine enforce entitled equitable actions equitable defence equitable remedy executor facts held husband Idaho Iowa joinder joined joint judgment land legal actions legal and equitable liability lien maintain an action ment Minn misjoinder Missouri Mont mortgage N. W. Rep N. Y. Sup necessary party North Carolina North Dakota Ohio St Okla owner party in interest person plaintiff pleading possession primary right principle procedure proper party provision real party reformed remedial right rule separate Smith statute statutory sued suit thereof thing in action tion tort transaction trial trust Utah Wash wife York
Popular passages
Page 150 - ... 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, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person with whom or in whose name a contract is made for the benefit of another is a trustee of an express trust, within the meaning of this section.
Page 85 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 170 - All persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except as otherwise provided in this article.
Page 83 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 7 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 301 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 83 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of the whole.
Page 443 - 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 407 - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount of the debt, or delivering the property or its value to such person as the Court may direct ; and the court may, in its discretion, make the order.
Page 443 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, 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...