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Home > The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 14
The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 14

The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 14


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...587. Contra.--Doan v. Holly, 26 Mo. 188, where the parties to both suits are not the same. Foreclosure and Attachment.--"The action upon the note and for foreclosure of the mortgage was properly joined. The plaintiff was not required to bring two actions. Having the right to join the action on the note with the action to foreclose the mortgage, the plaintiff was entitled to judgment on the note, although it failed to establish its right to a foreclosure. It being a proper suit upon the note, it is manifestly true that the plaintiff would have the right to institute any auxiliary proceedings for the collection of the note which it would have the right to do if the suit was upon the note alone, and not coupled with the suit to foreclose the mortgage; and therefore it was proper, and the plaintiff had the right, to institute Equitable and Legal Cause.--An equitable cause of action for the reformation of a written instrument may be joined with one for the collection of money due thereon.1 Counts AgainBt Different Makers.--But counts cannot be joined so as to embrace in the same action independent notes executed by different persons. 2. Several Notes in One Count.--In an action by the owner of several notes made by the same person, all of such notes may be joined in a single count.3 One of Two Notes in Same Paragraph Not Due.--And it is held that where two notes are included in one paragraph of a complaint the fact that one of them is not due will not render the paragraph bad as to the note which is due.1 proceedings in attachment and garnishee the defendant Jaseph. The plaintiff did so, and the defendant Jaseph answered to the proceedings in garnishment, and the cause proceeded to trial." Jaseph v. People's Sav. Bank, (Ind. 1889) 22...


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Product Details
  • ISBN-13: 9781234064112
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 734
  • Spine Width: 37 mm
  • Width: 189 mm
  • ISBN-10: 1234064111
  • Publisher Date: 13 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1288 gr


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The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 14
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