Plaintiff

“ When, therefore, a plaintiff relies for recovery upon compliance with the provisions of a statute, and attempts to set forth conformity with them, the court will look to that statute, and take the allegations as intended to meet its provisions, notwithstanding the inaccuracy of any statement respecting them. If the pleading misstates the effect and purpose of the statute upon which the party relies, the adverse party, in demurring to such pleading, does not admit the correctness of the construction, or that the statute imposes the obligations or confers the rights which the party alleges. ”

“ No averment in the pleadings of the plaintiff is necessary, in order to give jurisdiction. If the defendant objects to it, he must plead it specially, and unless the fact on which he relies is found to be true by a jury, or admitted to be true by the plaintiff, the jurisdiction cannot be disputed in an appellate court. ”

“ Whereupon, if the plaintiff, being present, refuse to accept such confession of judgment in full of his demands against the defendant in the action, or having had such notice that the offer would be made, of its amount, and of the time of making it, as the court shall deem reasonable, fail to attend, and, on the trial, do not recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant incurred after the offer. ”

“ If the defendant establishes a prima facie case, then the burden shifts to the plaintiff to establish “ ‘a probability that the plaintiff will **631 prevail on the claim,’ ” i.e., “make a prima facie showing of facts which would, if proved at trial, support a judgment in plaintiff's favor.” ( Id. at p. 823, 33 Cal.Rptr.2d 446.) In making its determination, the trial court is required to consider the pleadings and the supporting and opposing affidavits stating the facts upon which the liability or defense is based. (§ 425.16, subd. (b) .) Discovery is stayed upon the filing of the motion. ”

“ The counsel for the plaintiff then prayed the court to instruct the jury, that the agent of the defendant having undertaken to convey a title to the plaintiff, and the defendant having given the agent authority so to do, if the jury believe the defendant had no title to the premises described in said deed, at the time of the execution and delivery thereof, then the consideration for which the plaintiff paid his money to the defendant has failed, and the plaintiff is entitled to recover. ”

“ If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant, or, in a proper case, an involuntary plaintiff. ”

“ On the 30th May, 1853, the present plaintiff, with his now deceased co-plaintiff, for the first time appear in the cause, make themselves parties in their capacity as 'heirs and universal legatees' of the original defendant, adopt his answers and defences, and ask for judgment over against the warrantors, in case judgment be rendered in favor of plaintiffs. ”

“ If the plaintiff fails, of course it is through the ignorance and unskilfulness of his attorney or solicitor! and he hates almost equally his own, and his opponent's attorney!—Precisely so is it with a successful or unsuccessful defendant. In fact, an attorney or solicitor is almost always obliged to be acting adversely to some one of whom he at once makes an enemy ”

“ Clearly, where he retains his verdict in the trial court and the defendant appeals, plaintiff should have the opportunity which 50 (d) affords him to press those same or different grounds in the court of appeals. And obviously judgment for defendant-appellant should not be ordered where the plaintiff-appellee urges grounds for a nonsuit or new trial which should more appropriately be addressed to the trial court. ”

“ The objection to the character of the plaintiff as administrator in this case is not waived by the third plea, which goes to the merits, as contended by counsel. One plea in bar is not waived by the existence of another plea in bar, though the two may be inconsistent in their averments with each other. The remedy of the plaintiff in such case is not by demurrer, but by motion to strike out one of the pleas, or to compel the defendant to elect by which he will abide. ”

“ If it’s near dinner-time, the foreman takes out his watch when the jury has retired, and says, “Dear me, gentlemen, ten minutes to five, I declare! I dine at five, gentlemen.” “So do I,” says everybody else, except two men who ought to have dined at three and seem more than half disposed to stand out in consequence. The foreman smiles, and puts up his watch:—“Well, gentlemen, what do we say, plaintiff or defendant, gentlemen? I rather think, so far as I am concerned, gentlemen,—I say, I rather think—but don’t let that influence you—I rather think the plaintiff’s the man.” ”

“ He was not talking to Arcadian shepherds (he was very happy to see his own butcher in the jury-box) , but to men of business. If there had been any arts practised, it was on the side of the plaintiff’s wife. His client had visited the plaintiff out of pure compassion. The plaintiff’s show was a failing concern; his client, with a benevolence which had marked his long career, wished to give him the benefit of his own attractions, joined to those of the woman. Well, the plaintiff knew the value of money, and therefore left his wife and the defendant to arrange the affair between them. ”

“ If the jury believe from the evidence that said guaranty was by said defendants, or by any one authorized by them to deliver the same, actually delivered to plaintiff, and that plaintiff accepted and acted on the same, such delivery, acceptance, and action thereon by plaintiff bind the defendants, and render the defendants responsible in the action for all overdrafts upon plaintiff made by Gordon & Co. ”

“ Ah! oh! shall give between, what’s his name, plaintiff, and A. B. defendant shall be the truth, the whole truth, and nothing but the truth. Kiss the book!” snatching up an old song book near him, (the justice is purblind without his spectacles, and they had at that juncture slipped down to the very tip of his nose.) They obeyed, and the rest of the jury were all called and sworn in the same manner.
The first witness called for the plaintiff was a thick-headed Dutchman, who could not manage to speak English, and who looked as if it were beyond his management altogether to keep his eyes open. ”

“ We regret that we find ourselves compelled to add something further. The printed argument of plaintiff in error contains many allegations wholly aside from the charges made in his complaint, and bearing reproachfully upon the moral character of individuals, which are clearly impertinent and scandalous, and unfit to be submitted to the court. It is our duty to keep our records clean and free from scandal. The brief of the plaintiff in error will be stricken from the files, and the writ of error dismissed, and it is so ordered. ”

“ As it discloses the facts on which it is founded, and requires an answer from the defendant, it is in the nature of a declaration, and the plea is properly to the writ. In the present case the bill of particulars of the plaintiff's claim is filed of record under the statute which gives this remedy, and it is recited in the writ and thereby made part of it, so that any further pleading on his part, to set forth the nature of his demand, would be wholly superfluous. ”

“ It is true, where the jurisdiction of the Circuit Court depends on the citizenship of the parties, it is incumbent on the plaintiff to allege on the record the necessary citizenship; but when he has done so, the defendant must interpose a plea in abatement, the allegations whereof show that the court has not jurisdiction; and it is incumbent on him to prove the truth of his plea. ”

“ The plaintiff in error, in his brief, discusses two points upon which he insists upon a reversal of the judgment: (1) That there is nothing in the evidence to support the verdict; (2) that the instructions of the court did not properly submit to the jury the only point to be determined, to-wit, was the defendant within the boundaries of the portion of the grant claimed by the plaintiff? ”

“ In short, the rule applicable to several plaintiffs having separate claims, that each must represent an amount sufficient to give the court jurisdiction, is equally applicable to several liabilities of different defendants to the same plaintiff. The disposition we have made of this question renders it unnecessary to consider the others. ”

“ U.S.C.onst. art. 1, § 8, cl. 3. The conclusion of the plea was that the plaintiff could not 'recover the penalty in his declaration demanded,' and the defendant prayed judgment. The court refused to allow the plea to be filed, and the defendant excepted. A trial followed, at which the plaintiff got a judgment. ”

“ Art. 1230. 'Where the defendant is absent from the state, or is a nonresident of the state, the clerk shall, upon the application of any party to the suit, his agent or attorney, address a notice to the defendant requiring him to appear and answer the plaintiff's petition at the time and place of holding of the court, naming such time and place. ”

“ Secondly, that 'all the forms of pleading heretofore existing are abolished.' The act proceeds to declare that the first pleading on the part of the plaintiff is the complaint, which shall contain, amongst other things, 'a plain and concise statement of the facts constituting a cause of action without unnecessary repetition.' Rev. Stat. 721. It provides that the defendant may demur for certain causes, but that other defences must be taken by answer. ”

“ There are cases in which such allegations, showing the source or nature of the plaintiff's title, are a necessary part of a defence. Whenever the defendant must plead specially any matter which is a good defence to one title, and not good to others, and the declaration does not show on what particular title the plaintiff relies, the defendant must, by proper averments, set out the plaintiff's title and the answer to it ”

“ Rep. 263, upon which the learned counsel for the plaintiff greatly relied, is in principle quite in line with the other cases, and was decided in favor of the plaintiff because of essential differences between it and the case at bar. ”

“ Where it is arguable whether a plaintiff has suffered sufficient injury to satisfy Article III, the Supreme Court has sometimes insisted as a matter of "prudence" that Congress make its intention clear before it will construe a statute to confer standing on a particular plaintiff. ”

“ Whether a suit arises under a law of the United States must appear from the plaintiff's pleading, not the defenses which may be interposed to, or be anticipated by it. Petitioner's pleading, which we have summarized, satisfies this requirement since it adequately discloses a present controversy dependent for its outcome upon the construction of a federal statute. ”

“ This day came the said plaintiff, by his attorney, and it appearing to the court, that, at a previous term of this court, to wit, the October term, 1841, the issue previously joined in this cause was submitted to a jury, who, after hearing the evidence and arguments of counsel, returned into court the following verdict, to wit: they find the issue for the plaintiff, and assess his damages at the sum of eighteen hundred and thirty-seven dollars and fifty cents. ”

“ The plaintiff, by attorney, excepted to the charge of the court before the jury left the box; which exceptions were signed and sealed, and ordered to be made a part of the record, which is done accordingly.
S. J. GHOLSON. [SEAL.]
J. Henderson, for the plaintiff in error. ”

“ Technically, of course, the 12 (b) (6) motion does not attack the merits of the case -- it merely challenges the pleader's failure to state a claim properly. 5 C. Wright, A. Miller & M. Kane, Federal Practice and Procedure § 1364, at 340 (Supp. 1987) . In deciding a 12 (b) (6) motion, the court must determine whether plaintiff's complaint sets forth sufficient allegations to establish a claim for relief. The court must accept all allegations in the complaint at "face value" and construe them in the light most favorable to the plaintiff. ”

“ It seems to be quite clear that the same allegations made by the plaintiff to show that he had a cause of action when he brought this suit in 1872 are found in the plea he has demurred to, alleging that the cause of action was in existence on the first day of June, 1865. If his complaint is good, the plea is good; if the plea is bad, the complaint is bad. ”

“ A separate defense may defeat a joint recovery, but it cannot deprive a plaintiff of his right to prosecute his suit to final decision in his own way. The cause of action is the subject-matter of the controversy, and that is, for all the purposes of the suit, whatever the plaintiff declares it to be in his pleadings.' Pirie v. ”

“ As defendant's counsel are furnished with copies also, they cannot plead 'surprise,' as in the introduction of new matter, and as plaintiff's counsel relies evidently upon the jury's attention to his opening, he would not be the first person to distract it." After a pause he added, addressing the Colonel, who remained standing, "The Court is with you, sir; proceed." ”