Popular Law Library, Putney...Cree publishing Company, 1908 - Law |
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Page viii
... " 89 Power of Officer to Compel Attendance of Witnesses and Production of Books and Papers 215 " " 90 Filing the Interrogatories 215 91 Settling the Interrogatories . 216 Section 92 At What Stage Depositions May Be Taken 216 viii CONTENTS .
... " 89 Power of Officer to Compel Attendance of Witnesses and Production of Books and Papers 215 " " 90 Filing the Interrogatories 215 91 Settling the Interrogatories . 216 Section 92 At What Stage Depositions May Be Taken 216 viii CONTENTS .
Page ix
... Filed before Taking Depositions of Witnesses Residing in Another Country . 224 66 98 Notice before Taking Depositions of Witnesses Residing in Another County of This State 225 THIRTY - FOURTH SUBJECT . Common Law Pleading . CHAPTER ...
... Filed before Taking Depositions of Witnesses Residing in Another Country . 224 66 98 Notice before Taking Depositions of Witnesses Residing in Another County of This State 225 THIRTY - FOURTH SUBJECT . Common Law Pleading . CHAPTER ...
Page 60
... filing of an affidavit alleging the necessary ground for such attachment . A writ of attachment must always be accompanied by a summons , unless the suit is brought against a non - resident defendant who has property within the Elliott ...
... filing of an affidavit alleging the necessary ground for such attachment . A writ of attachment must always be accompanied by a summons , unless the suit is brought against a non - resident defendant who has property within the Elliott ...
Page 63
... filed with the clerk that the case shall be tried by the court ( Love vs. Hall , 76 Ind . , 326 ) , by failing to appear at the trial ( Leahy vs. Dunlap , 6 Colo . , 552 ) ; by not filing a notice under a statute of a desire at the ...
... filed with the clerk that the case shall be tried by the court ( Love vs. Hall , 76 Ind . , 326 ) , by failing to appear at the trial ( Leahy vs. Dunlap , 6 Colo . , 552 ) ; by not filing a notice under a statute of a desire at the ...
Page 71
... filed a motion to dismiss the appeal , because no bond was given , and because , the suit being one at law , no appeal would lie ; and he also moves to dismiss the writ of error because there are no bills of exception nor assignments of ...
... filed a motion to dismiss the appeal , because no bond was given , and because , the suit being one at law , no appeal would lie ; and he also moves to dismiss the writ of error because there are no bills of exception nor assignments of ...
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Common terms and phrases
alleged answer appear assumpsit Attorney authority best evidence rule bill cause of action CHAPTER Circuit Court civil claim clerk code pleading common law compensation confession and avoidance Constitution controversy counsel County crime criminal cross-examination DECLARATIONS AGAINST INTEREST decree defendant demurrer deposition detinue district courts dollars dying declarations entitled equity error or appeal expert witness facts Federal Courts filed give his opinion hypothetical question interest interrogatories issue John Finneran judge judgment judicial jurisdiction jury justice knowledge libel matter motion N. Y. Code Civ notice oath party person physician place aforesaid plaintiff plaintiff in error plea pleadings presumptions privilege proceedings proof proved reasonable record refuse remedy rule SECTION statute suit Supreme Court sworn taken term testify testimony thereof tion trial U. S. App U. S. Stats United writ of error writ of right
Popular passages
Page 127 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Page 92 - In pleading a judgment, or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction ; but the judgment or determination may be stated to have been duly given or made.
Page 82 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Page 111 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 129 - forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Page 83 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...
Page 92 - In pleading the performance of a condition precedent in a contract, it is not necessary to state the facts constituting performance ; but the party may state, generally, that he, or the person whom he represents, duly performed all the conditions on his part.
Page 83 - An intervention takes place, when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both, the plaintiff and the defendant.
Page 289 - March 3, 1891, the plaintiff in error or appellant shall file with the clerk of the court below, with his petition for the writ of error or appeal, an assignment of errors, which shall set out separately and particularly each error asserted and intended to be urged.
Page 91 - ... 1. A cause of action, arising out of the contract or transaction, set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action. 2. In an action on contract, any other cause of action on contract, existing at the commencement of the action.