Popular Law Library, Putney...Cree publishing Company, 1908 - Law |
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Page 21
... justice , and a heavy one , for the defendant in an assize of mort d'ancestor is very likely to be the dead ten- ant's lord , who will have seized the lands upon some pretext of making good his seignorial claims . An- other use is found ...
... justice , and a heavy one , for the defendant in an assize of mort d'ancestor is very likely to be the dead ten- ant's lord , who will have seized the lands upon some pretext of making good his seignorial claims . An- other use is found ...
Page 51
... Justice Marshall . He says , ' The cases quoted to show that the demurrer is not good , do not show that even in England it ought not to be received , if tendered in proper time . In 5 Bac . Abr . , 459 , it is said if a defendant demur ...
... Justice Marshall . He says , ' The cases quoted to show that the demurrer is not good , do not show that even in England it ought not to be received , if tendered in proper time . In 5 Bac . Abr . , 459 , it is said if a defendant demur ...
Page 52
... Justice adds , in respect to the particular case then in hand , that ' these cases go far to show that the court would overrule the demurrer , and decide the cause against the party demurring , not that it should be ex- punged from the ...
... Justice adds , in respect to the particular case then in hand , that ' these cases go far to show that the court would overrule the demurrer , and decide the cause against the party demurring , not that it should be ex- punged from the ...
Page 79
... justice our courts are given to pleadings at untrammeled by distinctions between legal and equitable remedies . They are all abol- ished , and parties are no longer common law has been superseded by the provision that " 79 79 CHAPTER I ...
... justice our courts are given to pleadings at untrammeled by distinctions between legal and equitable remedies . They are all abol- ished , and parties are no longer common law has been superseded by the provision that " 79 79 CHAPTER I ...
Page 80
... justice between the parties , " ' 2 and in order that the code should be administered in a liberal spirit the New York code provides that " the rule of the common law that a statute in derogation of common law shall be strictly ...
... justice between the parties , " ' 2 and in order that the code should be administered in a liberal spirit the New York code provides that " the rule of the common law that a statute in derogation of common law shall be strictly ...
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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.