| Nebraska - Session laws - 1859 - 464 pages
...under any statute now in force, which does not require such record. TITLE VI. i JOINDER IN ACTIONS. 1. The same transaction or transactions connected with the same subject of action. § 79. The plaintiff may unite several causes of action in whst cunses of the same petition, when they... | |
| Nathan Howard (Jr.) - Civil procedure - 1859 - 616 pages
...the Code provides that the plaintiff may unite several causes of action, whether they be such as were denominated legal, or equitable, or both, where they all arise out of the same transaction, or transactions connected with the same sul,ject of action. The plain reading... | |
| Kansas - Session laws - 1859 - 726 pages
...legal or equitable, or both, when they are included in either one of the following classes : First, The same transaction, or transactions connected with the same subject of action. Second, Contracts, express or implied. Third, Injuries, with or without force, to person and property,... | |
| Nathan Howard (Jr.) - Civil procedure - 1860 - 608 pages
...arises from the obscurity and uncertainty of § 167 of the Code. That section allows the plaintiff to unite in the same complaint several causes of action,...-or equitable, or both, where they all arise out of : 1st. The same transaction or transactions, connected with the same subject of action. 2d. Contracts,... | |
| Nathan Howard (Jr.) - Civil procedure - 1860 - 616 pages
...their sufficiency is to be determined, shall be those provided by that act. Section 167 provides that the plaintiff "may unite in the same complaint several...heretofore denominated legal or equitable, or both," provided they all belong to one of the classes mentioned in that section. Section 150 provides that... | |
| Nathan Howard (Jr.) - Civil procedure - 1861 - 618 pages
...Westchester Special Term, STRONG, Justice, says, " the 167th section of the Code reads as amended, 1852, the plaintiff may unite in the same complaint, several causes of action whether they be such as have heretofore been denominated legal or equitable, or both ; whether they arise out of, first, the same... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1861 - 774 pages
...authority for our complaint Coon, Ilollister $/• Cotton, for appellant : By sec, 29, chap. 125 of R S., the plaintiff may unite in the same complaint several causes of action, but, by sec. 30, " they must all belong to one class, must affect all the parties to the action, and... | |
| North Dakota - Session laws - 1862 - 640 pages
...record. riMmifr ma; unite several eauMs. whenTITLE VI. JOINDEB IN ACTIONS. the following classes : 1. The same transaction or transactions connected with the same subject of action. 2. Contracts, express or implied. 3. Injuries, with or without force, to person and property, or either.... | |
| Henry Whittaker - Civil procedure - 1863 - 1154 pages
...given to the defendant to set forth by* answer, as.many defences or counter-claims as he may have, whether they be such as have been heretofore denominated legal, or equitable, or both. But they must, as before noticed, be separately stated, and clearly distinguished. Before 1852, the... | |
| Nathan Howard (Jr.) - Civil procedure - 1864 - 622 pages
...forth by answer as many defences and counterclaims as she may have, (connected with the subject of the action), whether they be such as have been heretofore denominated legal or equitable, or both. (Code, § 150 ; Crary agt. Goodman, 12 JV-. Y, 2 Kern, 266 ; Phillips agt. Gorham, 17 JV. F. 3 Smith,... | |
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