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" ... and the names of the parties to the action, plaintiff and defendant. " 2. A plain and concise statement of the facts constituting a cause of action without unnecessary repetition. "
The Practice at Law: In Equity, and in Special Proceedings, in All the ... - Страница 367
по William Wait - 1873
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The American Reports: Containing All Decisions of General Interest ..., Том 27

Isaac Grant Thompson - 1879 - 884 страници
...denominated a civil action ; and in the third section of article 6, page 1229, requiring in a petition "a plain and concise statement of the facts constituting a cause of action, without any unnecessary repetition." These sections have been retained in the subsequent revisions. Is it true,...

The Code of Procedure of the State of South Carolina, Originally Adopted ...

South Carolina, Robert A. Lynch - 1880 - 256 страници
...the action is brought, the name of the County in which the plaintiff desires the trial to be had, and the names of the parties to the action — plaintiff...a cause of action, without unnecessary repetition; :?. A demand of the relief to which the plaintiff supposes himself entitled. If the recovery of money...

Albany Law Journal, Том 22

1880 - 556 страници
...following is Chief Justice Ryan's "paradise of doubt and ambiguity " : "The complaint must contaiu ' a plain and concise statement of the facts, constituting...cause of action, without unnecessary repetition.' The answer, in addition to denials, may set up counter-claims ' in ordinary and concise language, without...

The Federal Reporter: Cases Argued and Determined in the ..., Томове 17–18

1883 - 1914 страници
...The sufficiency of the pleadings is to be determined by the New York Code of Procedure. This requires a "plain and concise statement of the facts constituting a cause of action." Section 481. But the rule of pleading at common law was the same, viz., that facts, not mere conclusions...

Institutes of American Law, Том 2

John Bouvier - 1882 - 812 страници
...the action is brought, the name of the county in which the plaintiff desires the trial to be had, and the names of the parties to the action, plaintiff...to which the plaintiff supposes himself entitled. If the recovery of money be demanded, the amount thereof shall be stated. ? 143. [121] The only pleading...

The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 736 страници
...statement of the facts constituting the cause of action" (Gen. St., 701, § 13), and in the latter " a plain and concise statement of the facts constituting a cause of action." Gen. St., 658, § 3. A party sued before a justice is as much entitled to be informed of the ground...

Reports of Cases Argued and Determined in the Supreme Court of the Territory ...

Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - 1882 - 582 страници
...information is ostensibly close at hand, negligence in this regard is not excusable but fatal. There must be a plain and concise statement of the facts constituting a cause of action, before the defendant is called upon to answer; that is to say, of all the facts sufficient to constitute...

Federal Decisions: Cases Argued and Determined in the Supreme ..., Том 1

1884 - 934 страници
...of the court and county in which the action is brought, and the names of the parties to the action. (2) A plain and concise statement of the facts constituting a cause of action, without unnecessarv rejvetition. (3) A demand of the relief to which the plaintiff may suppose himself entitled....

The Pacific Reporter, Том 172

1918 - 1214 страници
...one court of general jurisdiction to try them. All that is necessary for the petition to contain is 'a plain and concise statement of the facts constituting a cause of action,' with a demand for the relief which the plaintiff supposes himself entitled to. From this the court...

A Treatise on the Law of the Statute of Frauds: And of Other Like ..., Том 2

Henry Reed - 1884 - 656 страници
...it was held that the latter makes all the rules of pleading those of the Code itself, and requires "a plain and concise statement of the facts constituting a cause of action ;" hence that under the code a guaranty must in the complaint be averred to have been in writing.(6)...




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