 | Arkansas. Supreme Court - 1877 - Broj stranica: 810
...delivered. Jewitt, judge, who delivered the opinion of the court, said : "The Code requires that the complaint should contain a plain and concise statement of the facts constituting the cause of action. Every fact which the plaintiff must prove to enable him to sustain his suit, and which the... | |
 | Oliver Lorenzo Barbour - 1852 - Broj stranica: 716
...Rodgora v. Rodgers. for the rules of pleading. The great and leading rule is, that the complaint shall contain a plain and concise statement of the facts constituting the cause of action ; and it is undoubtedly true that the great test in determining the character of the action, is to look at... | |
 | Nathan Howard (Jr.) - 1853 - Broj stranica: 594
...recovered, are not set forth therein in a plain and concise manner. The Code requires the complaint to contain a plain and concise statement of the facts constituting the cause of action. The complaint in this case alleges that the defendant on the first day of January 1853,... | |
 | Samuel Owen - 1854 - Broj stranica: 398
...Clarke for defendants. EH Oxen for plaintiff. BOSWORTH, J. — The complaint is clearly bad. It does not contain " a plain and concise statement of the facts constituting the cause of action." The code requires a complaint to contain this. Sec. 142. The rules by which the sufficiency... | |
 | Claudius L. Monell - 1854 - Broj stranica: 508
...but which the plaintiff alleges is junior and subordinate to the mortgage and claim of the plaintiff. The facts constituting the cause of action, and not the evidence of the facts, should be stated.(l) Hence, it would be improper to set out the mortgage or bond, at length... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - Broj stranica: 738
...prescribed a new system of pleading, the fundamental rule of which, as to the complaint, is, that it shall contain a plain and concise statement of the facts constituting the cause of action. In order to constitute a cause of action against a party for the debt or default of another,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1856 - Broj stranica: 724
...remedy — and that remedy, as I have attempted to show, is by action ; the complaint in which, must be a plain and concise statement of the facts constituting the cause of action, and contain a demand of the relief to which the plaintiff supposes himself entitled. (§ 142.) In the present... | |
 | 1859 - Broj stranica: 616
...cannot recover ; and it should appear by the complaint, that such was not the case. The Code requires a plain and concise statement of the facts constituting the cause of action, and provides that the sufficiency of a pleading shall be determined by the rules therein prescribed (§... | |
 | New York (State). Court of Common Pleas (City and County of New York) - 1860 - Broj stranica: 662
...cannot recover, and it should appear by the complaint that such was not the case. The Code requires a plain and concise statement of the facts constituting the cause of action, and provides that the sufficiency of a pleading shall be determined by the rules therein prescribed. Sections... | |
 | North Carolina. Supreme Court - 1878 - Broj stranica: 760
...still, all form is not abolished, for the same CCP, §§ 91r 92, prescribes, " that the complaint shall contain a plain and concise statement of the facts constituting the cause of action without unnecessary repetition, and each material allegation shall be distinctly numbered."... | |
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CCP, §91. True, but still, all form is not abolished, for the same CCP, § § 91. 92, prescribes, "that the complaint shall contain a plain and concise statement of the facts constituting the cause of action without unnecessary repetition, and each material... 
