 | New York (State) - 1851 - 1408 pages
...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... | |
 | New York (State). - 1851 - 266 pages
...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), Henry Strong McCall - 1851 - 244 pages
...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) - 1852 - 606 pages
...these facts are to be stated. This change is f-upposed to be wrought by subd. 2 of sec- Ití. which provides that the complaint shall contain " a plain...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... | |
 | Nathan Howard (Jr.) - 1852 - 546 pages
...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... | |
 | Oliver Lorenzo Barbour - 1852 - 716 pages
...we must look elsewhere Rodgora v. Rodgers. for the rules of pleading. The great and leading rule is, that the complaint shall contain a plain and concise statement of the facts constituting the cause of action ; and it is undoubtedly true that the great test in determining the character of... | |
 | Henry Whittaker - 1852 - 900 pages
...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 pages
...482, § 10.) But this benign statute has been abrogated by section 140 of the Code ; and section 142 provides that the complaint shall contain " a plain...statement of the facts constituting a cause of action, without unnecessary repetition." Now, that this complaint does not set forth the facts is obvious from... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 pages
...determined, are those prescribed by this Act" (§ 140). The fundamental rule as to a complaint is, that it shall contain " a plain and concise statement of the facts constituting a cause of action." The obvious design was, that the actual facts should be stated, and all that are indispensable to a... | |
 | Nathan Howard (Jr.) - 1856 - 626 pages
...the tort or conversion of the property. This, perhaps, is allowable under the Code, which prescribes that the complaint shall contain " a plain and concise...statement of the facts constituting a cause of action, without unnecessary repetition." (§142o/M€ Code, sub. 2.) The allegation in the complaint, that... | |
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A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition. 
