 What is the real meaning of the phrase, ' a cause of action arising in the city'? It has been defined in Cooke v. Gill, LR 8 CP 107, to be this: every fact which it would be necessary for the plaintiff to prove if traversed in order to support his right...  The Canada Law Journal - Page 1631889Full view - About this book
 | 1902 - 842 pages
...tra" versed, in order to support his right to the judgment of tlu" Court. It does not," he says, " comprise every piece of " evidence which is necessary...but every " fact which is necessary to be proved." Fry, LJ, says, " everything which, if not proved, would give a defendant " an immediate right to judgment... | |
 | Victoria, Alan Skinner - 1891 - 448 pages
...must aris ^ '." some material "wholly or in part." By the phrase "cause of action" is meant /«int. every fact which it would be necessary for the plaintiff to prove, if traversed in order to sustain his action. It does not comprise every piece of evidence which is necessary to prove each fact,... | |
 | James Bicknell, Edwin Ernest Seager - 1898 - 632 pages
...several defendants resides or carries on business." What is a cause of action. — A cause of action is every fact which it would be necessary for the plaintiff...fact but every fact which is necessary to be proved: per Lord Esher, MB, Section Read v. Brown, 22 QBD 131. " Everything which is necessary 81 to make the... | |
 | Iowa. Supreme Court - 1899 - 878 pages
...128. In that case it is said that a cause of action is "every fact which it would bo necessary for plaintiff to prove, if traversed, in order to support his right to the judgment of the court." It is then said : "It does not comprise every piece of evidence which is necessary to prove each fact,... | |
 | India - 1900 - 336 pages
...this section, will be followed rather than the decisions under the Code.(/) "Cause of action" means " every fact which it would be necessary for the plaintiff...to support his right to the judgment of the Court. "(g) It includes, (a) Vines v. Arnold, u6i supra. Adkin v. Friend, 38 LT Rep., 393 ; Jones v. Jones,... | |
 | India - 1900 - 1202 pages
...p. 149 ; and see Soorasoonderec v. Golain AH, 19 WR, 141. A plaintiff's cause of action consists of every fact which it would be necessary for the plaintiff to prove. The plaintiffs holding a simple money decree against two persons attached in Aecution thereof (a) the... | |
 | Oudh (India). Court of the Judicial Commissioner - 1903 - 466 pages
...as used in section 31 and 45, Civil Procedure Code, was used in its comprehensive sense, as meaning every fact which it would be necessary for the plaintiff...to support his right to the judgment of the Court. They did not refer to the difficulty pointed out in the Calcutta case in the construction of section... | |
 | John Norton Pomeroy - 1904 - 1164 pages
...128. In that case it is said that a cause ol action is ' every fact which it would 1't necessary fur plaintiff to prove, if traversed, in order to support his right to the judgment of the court.' It is then raid : ' It does uot comprise every piece of evidence which is necessary to prove each fact,... | |
 | 1906 - 1298 pages
...sufficient, probably, to point the way to more extended research in this direction: A cause of action is every fact which it would be necessary for the plaintiff...to the judgment of the court. It does not comprise erery piece of evidence which is necessary to prove each fact, but every fact which is necessary to... | |
 | India, Dinshah Fardunji Mulla - 1907 - 758 pages
...have "acquiesced" within the meaning of clause (c) (o). Cause of action- — " Cause of action " means every fact which it would be necessary for the plaintiff to prove, in orderto support his right to the judgment of the Court. It does not comprise every piece of evidence... | |
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