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 xxvi
... provision as to real party in interest 63. Principal effect of statutory provision 64. Legal assignment . Action in name of assignee . Illustrations 65. Equitable assignment . Same rule . Illustrations 58888 87 89 66. Effect of statute ...
... provision as to real party in interest 63. Principal effect of statutory provision 64. Legal assignment . Action in name of assignee . Illustrations 65. Equitable assignment . Same rule . Illustrations 58888 87 89 66. Effect of statute ...
Page xxvii
... provision upon defence of set - off . No substantial change 92. Illustrations 93. Right of set - off may be ... provisions . 141 100. Meaning of term , " trustee of an express trust . " Theoretical view 142 101. Judicial view 145 • 102 ...
... provision upon defence of set - off . No substantial change 92. Illustrations 93. Right of set - off may be ... provisions . 141 100. Meaning of term , " trustee of an express trust . " Theoretical view 142 101. Judicial view 145 • 102 ...
Page xxxiv
... provision 379 286. Author's analysis of language of statute . Two distinct cases . Essential elements of each case ... provisions 393 393 301. Two classes of statutory provisions compared and distinguished 302. Turning - point of ...
... provision 379 286. Author's analysis of language of statute . Two distinct cases . Essential elements of each case ... provisions 393 393 301. Two classes of statutory provisions compared and distinguished 302. Turning - point of ...
Page xxxv
... provisions of first form 310. Statutory provision of second form 311. Three transactions herein . 405 406 • First of said transactions . Moving party . 407 312. Second of said transactions . Scope of statutory provision herein . Moving ...
... provisions of first form 310. Statutory provision of second form 311. Three transactions herein . 405 406 • First of said transactions . Moving party . 407 312. Second of said transactions . Scope of statutory provision herein . Moving ...
Page xxxvii
... Provision that all the Causes of Action must affect all of the Parties . 373. Statement of question examined in this subdivision 498 374. Effect of code provision requiring that causes of action joined in one complaint must affect all ...
... Provision that all the Causes of Action must affect all of the Parties . 373. Statement of question examined in this subdivision 498 374. Effect of code provision requiring that causes of action joined in one complaint must affect all ...
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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...