First Report of the Commissioners on Practice and Pleadings: Code of Procedure

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C. Van Benthuysen, 1848 - 275 páginas
 

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Página 140 - without repetition, and in such a manner as to enable a person of common understanding to know what is intended : 3. A demand of the relief, to which the plaintiff supposes himself entitled. If the recovery of money be demanded, the amount thereof shall be stated. CHAPTER II. THE DEMURRER. SECTION 121. Defendant to demur or answer.
Página 124 - Actions for the following causes, must be tried in the county where the cause or some part thereof arose, or in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial in the cases provided by statute : 1. For the recovery of real property or
Página 122 - may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the transfer is made to be substituted in the action. •
Página 170 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever. But a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law.
Página 151 - No variance between the allegation in a pleading and the proof, shall be deemed material, unless it have actually misled the adverse party, to his prejudice, in maintaining his action or defence, upon the merits. Whenever it shall be alleged, that a party has been so misled, that fact shall be proved to the satisfaction of
Página 144 - in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended, any new matter not inconsistent with the complaint, in avoidance of the answer.
Página 143 - 2. A statement of any new matter constituting a defence, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
Página 61 - there shall be, in this state hereafter, but one form of action for the enforcement or protection of private rights, and the redress of private wrongs, which shall be denominated a civil action." In our remarks upon this section we shall consider separately, the two propositions which it involves.
Página 98 - 6. An action for relief, on the ground of fraud ; the cause of action in such case not to be deemed to have accrued, until the discovery by the aggrieved party, of the facts constituting the fraud. The
Página 180 - The verdict of a jury is either general or special. A general verdict, is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant. A special verdict is that by which the jury find the facts only, leaving the judgment to the court.

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