Common law pleading. Code pleading. Federal procedure. EvidenceCree Publishing Company, 1908 - Law |
From inside the book
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Page 27
... alleged , and the fact that the defendant had the right of " wager of law . " By the time that the wager of law was abolished , assumpsit had occupied the field formerly possessed by debt . SECTION 19 . DETINUE . The action of detinue ...
... alleged , and the fact that the defendant had the right of " wager of law . " By the time that the wager of law was abolished , assumpsit had occupied the field formerly possessed by debt . SECTION 19 . DETINUE . The action of detinue ...
Page 31
... alleged by the pleader.12 The declaration in general assumpsit contains one or more of what are known as the common counts . The character of these counts has been thus discussed by a recent writer : 13 " Common counts , or General ...
... alleged by the pleader.12 The declaration in general assumpsit contains one or more of what are known as the common counts . The character of these counts has been thus discussed by a recent writer : 13 " Common counts , or General ...
Page 32
... alleged that the defendant was indebted to the plaintiff in a certain sum of money ; as for real property sold or used and occupied , or for personal property sold ; or for personal services rendered ; or for money loaned or paid and ...
... alleged that the defendant was indebted to the plaintiff in a certain sum of money ; as for real property sold or used and occupied , or for personal property sold ; or for personal services rendered ; or for money loaned or paid and ...
Page 33
... alleged that the plaintiff delivered certain goods to the defendant at his request , and that the defendant owes the plaintiff the amount that these goods are reasonably worth . ( d ) Insimul computasset , or account stated , which is ...
... alleged that the plaintiff delivered certain goods to the defendant at his request , and that the defendant owes the plaintiff the amount that these goods are reasonably worth . ( d ) Insimul computasset , or account stated , which is ...
Page 36
... allegations need be proved . Furthermore , if a bailment is alleged as a means of indicating the manner in which the defendant acquired possession , it need not in modern times be proved . A refusal to surrender on demand is also often ...
... allegations need be proved . Furthermore , if a bailment is alleged as a means of indicating the manner in which the defendant acquired possession , it need not in modern times be proved . A refusal to surrender on demand is also often ...
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Common terms and phrases
admiralty and maritime admissible alleged allowed amended answer assize assumpsit Attorney authority best evidence rule bill of exceptions brought cause of action CHAPTER Chitty Pl Circuit Court citizens civil claim clerk code pleading Code Remedies 3rd common law competent confession and avoidance Constitution controversy COUNTY Court of Appeals crime criminal cross-examination declaration DECLARATIONS AGAINST INTEREST decree defendant demurrer deposition detinue district courts dying declarations entitled equity error or appeal evidence facts Federal Courts filed interest interrogatories issue judge judgment judicial jury justice libel matter motion N. Y. Code Civ notice oath party person plaintiff in error plea pleadings Pomeroy's Code Remedies presumptions privilege proceedings proof proved record refuse rule day SECTION statute suit Supreme Court taken term testify testimony thereof tion trial U. S. App U. S. Stats United writ of error writ of right
Popular passages
Page 136 - 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 100 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as it deems just, amend any process, pleading, or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case ; or, where the amendment does not change substantially the claim or defence, by conforming the pleading...
Page 100 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 101 - 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 89 - 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 120 - 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 138 - 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 90 - A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before...
Page 101 - 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 90 - 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.