 | George Okill Stuart - Admiralty - 1834 - 652 pages
...(6) The matters which constitute the demande and the <kfense, in any case, are respectively set forth in the pleadings of the parties, which vary according to the grounds upon which they are made, and the ol'jects they arc designed to attain. Pleading, therefore, is the statement of («) 7. Pigeau. 33.... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1877 - 1026 pages
...for an allegation of that fact in the complaint. In pleading, it is only necessary to allege those facts which constitute the plaintiffs cause of action, or the defendant's ground of defense. In an action upon a promissory note, the fact that it is in the possession of the defendant... | |
 | Morris March Estee - Civil procedure - 1878 - 648 pages
...definition given by Chitty, vol. 1, p. 235, is this: " Pleading is the statement in a logical and legal form of the facts which constitute the plaintiffs cause of action, or the defendant's ground of defense ; it is the formal mode of alleging that upon the record, which would be the support of the... | |
 | Ivan Wotherspoon - Civil procedure - 1880 - 588 pages
...J The matters which constitute the demande and the defense, in any case, are respectively set forth in the pleadings of the parties, which vary according...is the statement of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence, exhibited in writing in technical... | |
 | Isaac Edwards - Negotiable instruments - 1882 - 560 pages
...word, the old forms of pleading are abolished, 658* and the *parties arc required to plead respectively the facts which constitute the plaintiffs cause of action, or the defendant's ground of defense, in the manner prescribed by the Code of Civil Procedure ; and the rules by which the sufficiency... | |
 | Alexander Martin - Civil procedure - 1899 - 460 pages
...writers on the subject concur in defining pleadings to be " a statement in a logical and legal form of the facts which constitute the plaintiffs cause of action or the defendant's ground of defence." 3 It will be observed that this definition excludes from the classification any allegations made with... | |
 | M. E. Dunlap (Counsellor at law) - Law - 1905 - 620 pages
...Cured by verdict. PLEADINGS. PLEADING is the statement, in a logical and legal rnrni, of the facto which constitute the plaintiffs cause of action or the defendant's ground of defense. — Chitty. Pleadings are the mutnal altercations between the plaintiff and defendant reduced... | |
 | Thomas Johnson Michie - Criminal law - 1914 - 768 pages
...Definition, Nature and General Consideration. — "Our system of pleading contemplates a plain and truthful statement of the facts which constitute the plaintiffs cause of action, or the defendant's matters of defense." Heath v. State, 14 Tex. Cr. App. 213, 215. Necessity for Pleadings.— See the... | |
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The matters which constitute the demande and the defense, in any case, are respectively setforth in the pleadings of the parties, which vary, according to the grounds upon which they are made, and the objects they are designed to attain. Pleading, therefore... 