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" ... the plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable or both where they arise out of : 1. "
Reports of Cases Argued and Determined in the Court of Appeals of the State ... - Page 110
by New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1870
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...nor in the number and variety of them, which should prevent a uniform mode of I rial in all case?, whether they be such as have been heretofore denominated legal or equitable. The next point for consideration is, how, in respect of form, the questions should be submitted to...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 pages
...proceeding. By section 167, special provisions are made upon this last, subject as follows : — § 167. The plaintiff may unite in the same complaint several...heretofore denominated legal or equitable, or both, where they all arise out of 1. The same transaction, or transactions connected with the same subject...
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Laws of the State of New York

New York (State) - 1852 - 836 pages
...action; The defendant may set forth by answer, as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both They must each be separately stated, and refer to the causes of action which they are intended to answer,...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 pages
...action ; The defendant may set forth by answer, as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both. They must each be separately stated, and refer to the causes of action which they are intended to answer,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 8

Nathan Howard (Jr.) - 1853 - 594 pages
...Hallock. SUPREME COURT. SMITH agt. HALLOCK. The 167th section of the Code, as amended in 1852, says, " the plaintiff may unite in the same complaint several...heretofore denominated legal or equitable, or both, where they all arise out of 1. "The same transaction or transactions connected with the same subject...
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Wisconsin Session Laws

Wisconsin - 1853 - 810 pages
...set forth by answer as ground!/ rf many defences and counter claims as he may have, whedefc-.r , ther they be such as have been heretofore denominated legal or equitable, or both ; they must each be separated finitely stated, stated, and refer to the causes of action which they...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1854 - 722 pages
...defendant may set forth by answer, as many deBunce r. Retd. fenses and counter claims, as he may have, whether they be such as have been heretofore denominated legal or equitable or both." This amendment of the code was in force at the time this cause was tried, but it is proper to add that...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 8

John Duer, New York (State). Superior Court (New York) - 1855 - 738 pages
...prays for judgment for $3,965.70, the aggregate of the sums claimed. The Code allows the plaintiffs to unite in the same complaint several causes of action,...heretofore denominated legal, or equitable, or both, where they all arise out of the same transaction, or transactions connected with the same subject of...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 pages
...action. The defendant may set forth by answer, as many defences and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both. They must each be separately stated, and refer to the causes of action which they are intended to answer,...
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The Law Review and Quarterly Journal of British and Foreign ..., Volume 18

1853 - 460 pages
...joinder of actions is altered. Under this code the plaintiff will be permitted to unite in the same suit, several causes of action, whether they be such as...heretofore denominated legal or equitable, or both. This permission will, of course, be accompanied with suitable restrictions. As it is now, so it will...
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