Common law pleading. Code pleading. Federal procedure. EvidenceCree Publishing Company, 1908 - Law |
From inside the book
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Page iv
... RULES OF PLEADING ... CHAPTER VIII . Section 40 Rules Tending Solely to the Production of an Issue .. Rules Tending to Produce a Single Issue .... " 42 Rules Tending to Produce a Material Issue .. " " 43 66 44 " " 45 " " Rules Tending ...
... RULES OF PLEADING ... CHAPTER VIII . Section 40 Rules Tending Solely to the Production of an Issue .. Rules Tending to Produce a Single Issue .... " 42 Rules Tending to Produce a Material Issue .. " " 43 66 44 " " 45 " " Rules Tending ...
Page vi
... Rule 143 " " 9 Pre - Requisites to Exclusion 143 46 10 Exceptions . 143 11 Primary and Secondary Evidence Distinguished .. 144 " " 12 Written Instruments 144 46 13 Original Document . 144 66 14 Exemplified and Certified Copies 145 66 15 ...
... Rule 143 " " 9 Pre - Requisites to Exclusion 143 46 10 Exceptions . 143 11 Primary and Secondary Evidence Distinguished .. 144 " " 12 Written Instruments 144 46 13 Original Document . 144 66 14 Exemplified and Certified Copies 145 66 15 ...
Page 13
... rule as to the parties to an actior . was that all persons could sue or be sued with the exceptions that felons , outlaws , and alien enemies could not sue , and the sovereigns , foreign states and ambassadors could not be sued . The ...
... rule as to the parties to an actior . was that all persons could sue or be sued with the exceptions that felons , outlaws , and alien enemies could not sue , and the sovereigns , foreign states and ambassadors could not be sued . The ...
Page 40
... rules governing traverses will be found in the chapter on the rules of pleading . SECTION 35 . GENERAL TRAVERSE OR GENERAL ISSUE . " The general issue is a comprehensive denial of the whole cause of action or the principal part thereof ...
... rules governing traverses will be found in the chapter on the rules of pleading . SECTION 35 . GENERAL TRAVERSE OR GENERAL ISSUE . " The general issue is a comprehensive denial of the whole cause of action or the principal part thereof ...
Page 42
... rule applicable to all good traverses . There cannot be a traverse upon a good traverse , nor can there be a confession and avoid- ance upon a good traverse , but issue must be taken upon it . " 19 20 SECTION 37. REPLICATION DE INJURIA ...
... rule applicable to all good traverses . There cannot be a traverse upon a good traverse , nor can there be a confession and avoid- ance upon a good traverse , but issue must be taken upon it . " 19 20 SECTION 37. REPLICATION DE INJURIA ...
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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.