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" The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of 1. The same transaction, or transactions connected with the same... "
Practice and Pleading Under the Codes, Original and Amended: With Appendix ... - Page 209
by Henry Whittaker - 1852 - 869 pages
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Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 16

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...
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General Laws of the Territory of Kansas

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,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 9

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,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 10

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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 21

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...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 12

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...
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Session Laws

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....
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Practice and Pleading in Actions in the Courts of Record in the ..., Volume 2

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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 26

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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