...of the above section ? The 69th section of the code declares, that the distinction between actions at law and suits in equity, and the forms of such actions and suits, shall be abolished ; and thereafter there should be one form of action for the protection of private...

...to abolish the distinction between law and equity; it has abolished the distinction between actions at law and suits in equity, and the forms of such actions. It has attempted to establish a uniform system of pleading and practice, whether the action is one...

...appeals in Giles agt. Lyon, (4 Comstock, 600.) GARDNER, J., referring to the 69th section of the Code abolishing the distinction between actions at law and suits in equity, and the preamble to the Code, declaring that such distinction should not be longer continued, says " they (the...

...something else than an action. Our code abolished the distinctions theretofore existing between actions at law and suits in equity, and the forms of such actions and suits, and provided how actions should be commenced, but it nowhere undertook to define an action. That was left...

...section 97 of the Code. Stress is laid upon the fact that, by the Code, the distinction between actions at law and suits in equity, and the forms of such actions and suits, are abolished ; and the peculiar phraseology of certain sections of the Code, limiting the time for...

...denominated a civil action ."a (Const., Art. IV, Sec. 1.) The abolition of the distinction between actions at law and suits in equity and the forms of such actions and suits, and the general doctrine as to the effect of such abolition, is discussed l>y the Court at leiigth in the...

...purpose. And since, by section one, article four, of the constitution " the distinction between actions at law and suits in equity and the forms of such actions and suits are abolished, and there is but one form of action for the enforcement or protection of private rights,...

...enforce a mechanic's lien is to be prosecuted by equitable proceedings." The distinctions between actions at law and suits in equity, and the forms of such actions, and also all forms of pleading, existing before the adoption of our present Code of Civil Procedure, having...

...York in 1848, have adopted substantially the same provisions either in their Codes or their statutes, abolishing the distinction between actions at law and suits in equity, and the forms of all such actions and suits which had theretofore existed, and providing that hereafter tttere shall...

...possess, in equal degrees, powers at law and powers in equity. It is, that the distinction between actions at law and suits in equity, and the forms of such actions are abolished, and that there is in this state but one form of action for the enforcement or protection...