...the case of Pirie v. Tvedt, 115 US 41, the court said : " The cause of action is the subject matter of the controversy, and that is, for all the purposes...the plaintiff declares it to be in his pleadings." The subject matter of both of the proceedings here involved was the right of the firm of George A....

...that an action shall be several which a plaintiff elects to makejoiut. Smith v. Rines, 2 Sum. 348. (3) A separate defense may defeat a joint recovery, but...way. The cause of action is the subject-matter of the controtroversy, and that is, for all the purposes of the suit, whatever the plaintiff declares it to...

...defendant has no right to say that an action shall be several which a plaintiff elects to make joint. A separate defense may defeat a joint recovery, but...the plaintiff declares it to be in his pleadings." The defendant urges that the proceedings before the referee indisputably disclose an election by the...

...which a plaintiff elects to make joint. A separate defense may defeat a joint recovery, but it f-nnuot deprive a plaintiff of his right to prosecute his...the plaintiff declares it to be In his pleadings.' " The complaint in this case charges — "That all of said wrongs, grievances, and injuries to the...

...135, 21 Sup. Ct. 67, 45 L. Ed. 121. Does the complaint set up a joint or several cause of action ? "The cause of action is the subject-matter of the...of the suit, whatever the plaintiff declares it to i Removal of causes involving separable controversies, see notes to Robbins v. Ellenbogen, 18 CC A,...

...several which a plaintiff elects to make Joint. Smith т. Riñes, 2 Sumn. 348, Fed. Cas. No. 13ДОО. A. separate defense may defeat a Joint recovery, but...the plaintiff declares It to be In his pleadings." But where a plaintiff has brought suit against a sole defendant, and others, Intervening, claim several...

...defendant has no right to say that an action shall be several which the plaintiff seek« to make joint. A separate defense may defeat a joint recovery, but...deprive a plaintiff of his right to prosecute his suit to final decision in his own way. The cause of action is the subject-matter of the controversy,...

...that an action shall be several which the plaintiff seeks to make Joint. A separate defense шау defeat a Joint recovery, but It cannot deprive a plaintiff of his right to prosecute his suit to final decision In his own way. The cause of action is the subject-matter of the controversy,...

...that an action shall be several which a plaintiff elects to make joint. Smith v. Rines, 2 Sumner, 348. A separate defense may defeat a joint recovery, but...his own suit to final determination in his own way. " It is true, as suggested by counsel, that Mr. Justice Gray used the word "seeks" instead of "elects";...

...plaintiff has by law, to make it joint." And in Plrie v. Tvedt, supra, Mr. Chief Justice Walte says: "A separate defense may defeat a joint recovery, but...his own suit to final determination in his own way." Judge Seaman says in Brown v. Coxe Bros. & Co., supra, that the creation of a joint liability in tort...