 | United States - 1900 - 626 pages
...denial or the avoidance, as the case may 8 require. 1 SEC. 85. A material allegation in a pleading is 2 one essential to the claim or defense, and which could not be 3 stricken from the pleading without leaving it insufficient as to . 4 such claim or defense. CHAPTER... | |
 | Oregon - Law - 1902 - 1036 pages
...381, 4 Рас. 1130; State v. Lavery, 31 Or. 81, 49 Рас. 852. i 96. What are Material Allegations. A material allegation in a pleading is one essential to the claim or defense, and which could not he stricken from the pleading without leaving it insufficient as to such claim or defense. [L. 1862... | |
 | Joseph Henry Budd - Civil procedure - 1902 - 800 pages
...Procedure, Sec. 459. 47. Code of Civil Procedure, Sec. 460. 48. Code of Civil Procedure, Sec. 461. claim or defense, and which could not be stricken from the pleading without leaving it insufficient.51 The plaintiff and the defendant respectively may be allowed, on motion, to make a supplemental... | |
 | Puerto Rico - Session laws - 1904 - 408 pages
...or counter-claim, must, on the trial, be deemed controverted by the opposite party. SECTION 133.— A material allegation in a pleading is one essential...from the pleading without leaving it insufficient. SECTION 134. — The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental... | |
 | Law - 1904 - 980 pages
...People v. Jones, 92 111. App. 447, 449. MATERIA!, ALLEGATION. A material allegation in a pleading ie one essential to the claim or defense, and which could...from the pleadIng without leaving It Insufficient Iba v. Central Ass'n, 40 Рас. 527, 530, 5 Wyo. 355; Gillson v. Price, 1 Рас. 459, 18 Nev. 100;... | |
 | John Norton Pomeroy - Actions and defenses - 1904 - 1164 pages
...plea'ding to be made definite and certain by amendment." 1 "All fictions in pleading are abolished."2 " A material allegation in a pleading is one essential to the claim or defence, 1 Kansas, § 119; Nebraska, § 125; California, § 453 (altered verlially) ; Oregon, § 84... | |
 | Law reports, digests, etc - 1906 - 2230 pages
...issuable fact itself. It is not only not necessary, but it is highly improper, to allege such matters. " A material allegation in a pleading is one essential...from the pleading without leaving it insufficient." (Prac. Act, Sec. 66.) This entire allegation might have been stricken out without leaving the complaint... | |
 | California - Civil procedure - 1906 - 1130 pages
...generally, ante, sec. 437. Material allegations: Post, sec. 463. § 463. A material allegation defined. A material allegation in a pleading is one essential...from the pleading without leaving it insufficient. En. March 11, 1872. Cal. Rep. Cit. 84, 418. Prac. Act, see. 66. En. April 29, 1851. Cal. Rep. Cit.... | |
 | Law reports, digests, etc - 1906 - 1822 pages
...action." Wood's Digest, page 173, sec. 46. Wetmer v. Lowery. And defines a material allegation to be " one essential to the claim or defense, and which could not be stricken out without leaving the pleading insufficient." Irrelevant matter and redundant matter is such, which,... | |
 | California - California - 1909 - 2106 pages
...CCP I 463 and note. § 468. A MATEBIAL ALLEGATION DEFINED. A material allegation in a pleading is oue essential to the claim or defense, and which could...from the pleading without leaving it insufficient. Hlntory: Knacted Mardi 11, 1872, re-enactment of ¡66 of Practice Act. See Kerr's Cyc. CCP for 6 pars,... | |
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A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient. 
