| New York (State), Henry Strong McCall - 1851 - 244 páginas
...desires the trial to be had, 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; 3. A demand of the relief, to which the plaintiff supposes himself... | |
| New York (State). - 1851 - 266 páginas
...desires the trial to be had, 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; 3. A demand of the relief, to which the plaintiif supposes himself... | |
| New York (State) - 1851 - 1408 páginas
...appearance of a defendant is equivalent to personal service of the summons upon him. § 142. Sub. 2. A plain and concise statement of the facts constituting a cause of action without unnecessary repetition. § 149. The answer of the defendant must contain : £™7£ 1. A specific... | |
| Oliver Lorenzo Barbour - 1852 - 716 páginas
...delivered. It has also been suggested that s 142 of the code of procedure requires that the complaint shall contain a plain and concise statement of the facts constituting a cause of action. This is precisely what was always required to be stated in a declaration. But as has been seen, it... | |
| Nathan Howard (Jr.) - 1852 - 546 páginas
...duplicity in pleading, is fully maintained by the Code. Section 142 provides that the complaint may contain a plain and concise statement of the facts constituting " a cause of action;" and by section 167, the plaintiff is authorized to unite several causes of action in the same complaint... | |
| New York (State) - 1852 - 606 páginas
...change is f-upposed to be wrought by subd. 2 of sec- Ití. which provides that the complaint shall contain " a plain and concise statement of the facts constituting a cause of action, without unnecessary repetition." How, I ask, does the rule here prescribed differ from that of the... | |
| Henry Whittaker - 1852 - 900 páginas
...desires the trial to be had, 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 first requisite, then, for the regularity of a complaint is, that... | |
| Nathan Howard (Jr.) - 1853 - 594 páginas
...complaint in this case was sufficient. Section 142 requires the complaint to contain, among other things, " a plain and concise .statement of the facts constituting a cause of action without unnecessary repetition." This complaint does not allege that any of the defendants made, or... | |
| John Duer, New York (State). Superior Court (New York) - 1855 - 738 páginas
...for defendant. E. JS. Owen, for plaintiff. BOSWOBTH, J.— The complaint is clearly bad. It does not contain " a plain and concise statement of the facts constituting a cause of action." The Code requires a complaint to contain them (§ 142), The rules by which the sufficiency of a pleading... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - 1856 - 724 páginas
...abolishes the pre-existing forms of pleading, (s 140,) and so far as relates to the complaint requires only a plain and concise statement of the facts constituting a cause of action. The existence of a legal principle, whether of common law or founded upon a statute, cannot be deemed one... | |
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