| Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...the demands sought to be recovered, are not set forth therein in a plain and concise manner. The Code requires the complaint to contain a plain and concise statement of the facts constituting the cause of action. The complaint in this case alleges that the defendant on the first day of January... | |
| Austin Abbott - Civil procedure - 1858 - 610 pages
...from the adverse party a specified sum which he claims — can be reconciled with section 142, which requires the complaint to contain a plain and concise statement of the facts constituting a cause of action. One is, to subordinate section 162 to section 142 ; the other is, to hold the case... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1861 - 722 pages
...Birdseye v. Smith. of action as may stand with each other, and all be sustained. The section last named requires the complaint to contain "a plain and concise statement of the facts constituting a cause of action without unnecessary repetition." Courts of common law and of chancery have ever required... | |
| Civil procedure - 1872 - 620 pages
...not have been disregarded. The great ob ject of the Code was to simplify pleading, and to compel a complaint to contain a plain and concise statement of the facts constituting the cause of action, and to do away with forms, which the common law and our statutes had adopted, and... | |
| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1876 - 620 pages
...Court — Bonham, CJ actions at law is abolished, and all that is required is that the complaint shall contain a plain and concise statement of the facts constituting the plaintiff's cause of action; and in this case, if you believe from the evidence that the plaintiffs complied with the contract mentioned... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1878 - 860 pages
...petition * * * against the craft by name, * * * which petition shall contain, as in other civil actions, a statement of the facts constituting the plaintiff's cause of action, and a demand for the relief which the plaintiff supposes himself entitled to." The fourth section provides that a summons... | |
| Law reports, digests, etc - 1909 - 1164 pages
...& Nav. Co., 18 Or. 289, 22 Рас. 1076, the court says: "Our Code (1 Hill's Ann. Laws 1887) § 66, requires the complaint to contain a plain and concise statement of the facts constituting the plaintiffs cause of action; and one of the great objects to be attained by this enactment was to compel... | |
| Law reports, digests, etc - 1914 - 1246 pages
...fire, evidence of the burning of dead and down timber is reversible error, under LOL § 07, requiring the complaint to contain a plain and concise statement of the facts constituting the cause of action, section 725 requiring the evidence to correspond with the substance of the allegations,... | |
| United States. Supreme Court - Law reports, digests, etc - 1890 - 808 pages
...v. Dustin, 112 US 604. By the Code of Civil Procedure of North Carolina, the complaint is required to contain a plain and concise statement of the facts constituting the cause of action, and to have each material allegation distinctly numbered. § 93. The answer must contain... | |
| Charles Theodore Boone - Code pleading - 1885 - 598 pages
...issue ; 8 and it is claimed that the Code system best attains this object, in requiring the pleadings to contain a plain and concise statement of the facts constituting the cause of action or matter of defense.9 As it respects the manner of stating facts under the new system... | |
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