Estee's Pleadings, Practice, and Forms: Adapted to Actions and Special Proceedings Under Codes of Civil Procedure, Volume 2Bancroft-Whitney Company, 1898 |
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Common terms and phrases
adverse possession agreement alleged amount assessment assignment averment Bank Barb bill Bosw California cause of action Civil Code claim Code Civ commencement complaint contract conveyance corporation counterclaim court court of equity Cranch creditors damages day of 18 debt debtor decree deed defendant answers defendant's demand demurrer denial denies dollars Duer E. D. Smith ejectment entitled equity execution facts fendant forcible entry foreclosure Form fraud fraudulent granted ground held indorser injunction injury interest issue judgment jurisdiction land lien matter ment misjoinder mortgage non est factum nuisance Oreg owner partnership party payment plain plaintiff complains plea pleaded possession premises promissory note purchase quiet title quo warranto real property recover rendered replevin sheriff specific performance Statute of Limitations sufficient suit summons tenants in common thereof tiff tion to-wit trespass Wend
Popular passages
Page 142 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 1023 - ... a copy of the writ, and a notice that such credits, or other property or debts, as the case may be, are attached in pursuance of such Writ.
Page 665 - When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other.— 1873-300.
Page 946 - When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.
Page 1034 - That it has not been taken for a tax, assessment, or fine, pursuant to a statute...
Page 394 - If it is not, as to him, just and reasonable ; 3. If his assent was obtained by the misrepresentation, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled; or, 4.
Page 551 - The answer of the defendant must contain : "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 959 - ... the plaintiff will pay all costs which may be awarded to the defendant, and all damages which he may sustain by reason of the arrest...
Page 976 - The plaintiff at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered...
Page 642 - When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state...