Common law pleading. Code pleading. Federal procedure. EvidenceCree Publishing Company, 1908 - Law |
From inside the book
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Page 18
... follows : Writ of formedon , to recover an estate in fee tail . Writ of advowson , to recover the right of pre- sentation to a benefice . Writ of right de rationabli parte , to recover the plaintiff's proper share of the estate , this ...
... follows : Writ of formedon , to recover an estate in fee tail . Writ of advowson , to recover the right of pre- sentation to a benefice . Writ of right de rationabli parte , to recover the plaintiff's proper share of the estate , this ...
Page 32
... follows : ( a ) Indebitatus assumpsit . In this count it is 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 ...
... follows : ( a ) Indebitatus assumpsit . In this count it is 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 ...
Page 37
... follows : 1. The Declaration . 2. The Plea . 3. The Replication . 4. The Rejoinder . 5. The Surrejoinder . 6. The Rebutter . 7. The Surrebutter . After the surrebutter the pleadings have no special names . Of the above named pleadings ...
... follows : 1. The Declaration . 2. The Plea . 3. The Replication . 4. The Rejoinder . 5. The Surrejoinder . 6. The Rebutter . 7. The Surrebutter . After the surrebutter the pleadings have no special names . Of the above named pleadings ...
Page 41
... follows : ( a ) Debt on a simple contract . Nil debet . This is one of the broadest of all the general issues . It denies that the defendant owes the debt , and any mat- ters which will avoid the indebtedness can be intro- duced under ...
... follows : ( a ) Debt on a simple contract . Nil debet . This is one of the broadest of all the general issues . It denies that the defendant owes the debt , and any mat- ters which will avoid the indebtedness can be intro- duced under ...
Page 42
... follows : 1 Cunyus vs. Guenther , 96 Ala . , 564 . 10 Ency . of Pleading and Practice , Vol . XVI , p . 546 . 17 Finley vs. Woodruff , 8 Ark . , 328 . " A special traverse in its sim- plest form is not very unlike some of the Eastern ...
... follows : 1 Cunyus vs. Guenther , 96 Ala . , 564 . 10 Ency . of Pleading and Practice , Vol . XVI , p . 546 . 17 Finley vs. Woodruff , 8 Ark . , 328 . " A special traverse in its sim- plest form is not very unlike some of the Eastern ...
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Common terms and phrases
action admiralty admissible adverse party affidavit alleged allowed amend answer assize assumpsit Attorney bill CHAPTER Circuit Court claim clerk clerk's office code pleading commissioner common law competent confession and avoidance copy costs counsel COUNTY criminal cross-examination declaration DECLARATIONS AGAINST INTEREST defendant demurrer deposition detinue discretion District Court docket Dollars duly dying declarations entitled equity error or appeal evidence examination facts fendant filed Henry E instance and request interest interrogatories issue judge thereof jurisdiction jury justice libel matter motion N. Y. Code Civ notice oath opinion owner person personam place aforesaid plaintiff in error plea pleadings possession proceedings proof proper question reasonable record refuse rule day SECTION special instance statute subpoena suit sum of money Supreme Court sworn taken term testify testimony thereto tion trial U. S. Stats United unless 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.