Synopsis of Lectures on Code Pleading and Practice: Delivered in College of Law, University of Southern California (Classic Reprint) - Tapa dura

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Excerpt from Synopsis of Lectures on Code Pleading and Practice: Delivered in College of Law, University of Southern California

Civil Actions. Under the Codes, are not classified or distinguished by any forms. But only by the origin. Or nature of rights and duties in volved, or purpose for which pursued. First: By origin of rights and duties inv olved. 1. Ex contractu (on contracts) - grou mg out of breach of contract obligations, and brought to enforce its terms. 2. Ex delicto (torts) - growing out of violation of duty imposed by law and brought to redress the injury. C.C. 25-30; 129 Cal. 68; 1 Cyc. 736; Pom. Rem. 48: 1 C]. 1013-1040; Sec. 520 post. Second: By nature of claims and defenses involved: 1. Legal - when rights, claims and defenses are governed by rules of common law or statute. 7 Equitable - when claims and defenses are governed by rules of Equity or Old Chancery Practice. As modified by Code, 1 Pom.

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