...appearance of a defendant is equivalent to personal service of the summons upon him. § 142. Sub. 2. A plain and concise statement of the facts constituting a cause of action without unnecessary repetition. § 149. The answer of the defendant must contain : £™7£ 1. A specific...

...desires the trial to be had, and the names of the parties to the action, plaintiff and defendant ; 2. A plain and concise statement of the facts constituting a cause of action without unnecessary repetition; 3. A demand of the relief, to which the plaintiff supposes himself...

...desires the trial to be had, and the names of the parties to the action, plaintiff and defendant ; 2. A plain and concise statement of the facts constituting a cause of action without unnecessary repetition; 3. A demand of the relief, to which the plaintiif supposes himself...

...these facts are to be stated. This change is f-upposed to be wrought by subd. 2 of sec- Ití. which provides that the complaint shall contain " a plain...statement of the facts constituting a cause of action, without unnecessary repetition." How, I ask, does the rule here prescribed differ from that of the...

...duplicity in pleading, is fully maintained by the Code. Section 142 provides that the complaint may contain a plain and concise statement of the facts constituting " a cause of action;" and by section 167, the plaintiff is authorized to unite several causes of action in the same complaint...

...we must look elsewhere 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...

...desires the trial to be had, and the names of the parties to the action, plaintiff and defendant. 2. A plain and concise statement of the facts constituting a cause of action without unnecessary repetition. The first requisite, then, for the regularity of a complaint is, that...

...482, § 10.) But this benign statute has been abrogated by section 140 of the Code ; and section 142 provides that the complaint shall contain " a plain...statement of the facts constituting a cause of action, without unnecessary repetition." Now, that this complaint does not set forth the facts is obvious from...

...determined, are those prescribed by this Act" (§ 140). The fundamental rule as to a complaint is, that it shall contain " a plain and concise statement of the facts constituting a cause of action." The obvious design was, that the actual facts should be stated, and all that are indispensable to a...

...the tort or conversion of the property. This, perhaps, is allowable under the Code, which prescribes that the complaint shall contain " a plain and concise...statement of the facts constituting a cause of action, without unnecessary repetition." (§142o/M€ Code, sub. 2.) The allegation in the complaint, that...