 | New York (State). Commissioners - 1860 - 272 páginas
..., at , in an action then pending in the [supreme] court, between AB, plaintiff, and CD, defendant, and for the same cause of action as that set forth in the complaint herein, judgment was duly rendered [describing the judgment]. COMPLAINTS. No. 208. ix. Statute of limitations.... | |
 | New York (State). Commissioners of the Code - 1861 - 292 páginas
..., at , in an action then pending in the [supreme] court, between AB, plaintiff, and CD, defendant, and for the same cause of action as that set forth in the complaint herein, judgment was duly rendered [describing the judgment.] No. 210. ix. Statute of limitations. [ TITLE.]... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1873 - 622 páginas
...The defendant then answered, that in the action to foreclose the mortgage, brought by the plaintiff " for the same cause of action as that set forth in the complaint herein, this defendant recovered judgment duly given upon the merits thereof against the said plaintiff, for... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - 1874 - 640 páginas
...Supreme Court of New York, between the libellant, as plaintiff, and the owner of the ship, as defendant, for the same cause of action as that set forth in the libel herein. The Ship Prince Albert. It appears, from the evidence, that the libellant saw in a newspaper,... | |
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1878 - 772 páginas
...the identity of the cause of action is a simple averment that the pending or former action is or was "for the same cause of action as that set forth in the complaint herein." The plea is sufficient, and the demurrer thereto is disallowed. Opinion of the Court - Hoffman, J.... | |
 | 1900 - 2044 páginas
...commencement of that action: that on July 24, 1891, in that action, "being upon the recurring liability of the same cause of action as that set forth in the complaint herein," judgment was rendered in favor of the plaintiff in error, and this judgment was affirmed by the supreine... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1882 - 690 páginas
...Frederick Saucr were plaintiffs, and Sauer et al. r. Twining et al. the said Peter Twining was defendant, and for the same cause of action as that set forth in their cross complaint, a judgment was rendered that said Mary E. Sauer should recover possession from... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1883 - 768 páginas
...there was and now is another action pending in the circuit court of Waupaca county, in this state, between the same parties as this action, and for the same cause as that set out in the petition herein." This portion of the answer, alleging another action pending,... | |
 | 1901 - 1148 páginas
...pending in the above-entitled court between the above-named plaintiff and the above-named defendant, and for the same cause of action as that set forth in the complaint herein, the court, after the case coming on for trial, and hearing the testimony of plaintiff, and it appearing... | |
 | 1913 - 1154 páginas
...California, Roy D. Smith, James N. Watson, James LacUie, and CC Foy, defendants. Said action was not for the same cause of action as that set forth in the complaint herein, but the cause of action set forth was an entirely separate and distinct cause of action. The cause... | |
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Brooklyn between the same parties as this action and for the same cause of action as that set forth in the complaint herein. 
