A Treatise on the Principles of Pleading, in Civil Actions

William Gould, jr. & Company, 1887 - 581 Seiten

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Seite 32 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either— 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.
Seite 198 - The demurrer shall distinctly specify the grounds of objection to the complaint. Unless it do so, it may be disregarded. It may be taken to the whole complaint, or to any of the alleged causes of action stated therein.
Seite 54 - ... indebted to the plaintiff in a large sum of money, to wit, the sum of 444/.
Seite 473 - Damage to goods and injury to the person, although they have been occasioned by one and the same wrongful act, are infringements of different rights, and give rise...
Seite 232 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated; but such death being suggested upon the record, the action shall proceed...
Seite 526 - The defendant afterwards executed a composition deed, to which the plaintiff and the banking company were parties, whereby he assigned his property to trustees for the benefit of his creditors; and this deed contained a stipulation for a reserve of remedies against sureties for the defendant. The plaintiff having been compelled to pay the debt to the...
Seite 233 - ... and if the defendant die after such interlocutory judgment and before final judgment therein obtained, the said action shall not abate, if such action might be originally prosecuted or maintained against the executor or administrator of such defendant...
Seite 475 - ... conduct, has intimated that he consents to an act which has been done, and that he will offer no opposition to it, although it could not have been lawfully done without his consent, and he thereby induces others to do that from which they otherwise might have abstained, he cannot question the legality of the act he had so sanctioned, to the prejudice of those who have so given faith to his words, or to the fair inference to be drawn from his conduct.
Seite 96 - Local actions are such as require the venue to be laid in the county in which the cause of action arose, for the reason that the cause of action could only have arisen in a particular county.
Seite 492 - A proviso, is properly the statement of something extrinsic of the subject-matter of a covenant, which shall go in discharge (a) Elliott v. Blake, 1 Lev. 88. VOL. vi. — 35 of that covenant by way of defeasance : an exception, is a taking out of the covenant some part of the subject-matter of it.

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