Select Cases on Code Pleading
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Select Cases on Code Pleading

Select Cases on Code Pleading


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ... provisions exist. The answer made to this difficulty is that no demurrer lies for making too many parties, and for such excess the party against whom a good cause of action is pleaded cannot demur. But the objection is not for a misjoinder of parties. It is for a misjoinder of causes of action. Those arising on contract and affecting all the parties may be joined. Those arising on contract, but inconsistent with Nichols v. Drew, 94 N. Y., 22. each other, or not affecting all the parties, cannot be joined, and 15 the defect may be reached by demurrer. The General Term was, therefore, right in its conclusion. We are at liberty to allow the plaintiff to plead anew or amend upon such terms as are just, or if need be, to direct a severance of the action. (Code, 497.) No necessity for such severance is suggested, but it seems proper to allow the plaintiff to amend upon terms which are just. The judgment of the General Term should be affirmed, with leave to the plaintiff to serve an amended complaint within twenty days from notice of the entry of this judgment, upon payment, within the same time, of costs from the service of the demurrer, including those on appeal to the General Term and to this court. All concurred. Judgment accordingly. Victory Webb Printing Co. v. Beecher, 26 Hun, 48. VICTORY WEBB PRINTING, ETC., CO. v. BEECHER.. New York Supreme Court, First Department, 1881. Reported in 26 Hun, 48; afTd in 97 N. Y., 651. 1. Where a complaint contains separate statements of several supposed causes of action, each must be complete and sufficient in itself. A general statement after the end of the last cause of action of a fact essential to make each of them sufficient, but in no wise expressly referred to in any of them, does not avail to aid...


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Product Details
  • ISBN-13: 9781150595226
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 292
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1150595221
  • Publisher Date: 01 Jul 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 526 gr


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