Common law pleading. Code pleading. Federal procedure. EvidenceCree Publishing Company, 1908 - Law |
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Page 31
... suit is based . In general assumpsit the action is founded on an obligation raised by law independent of express con- tract . If there was an express undertaking , this is ignored and the action grounded upon certain facts happening or ...
... suit is based . In general assumpsit the action is founded on an obligation raised by law independent of express con- tract . If there was an express undertaking , this is ignored and the action grounded upon certain facts happening or ...
Page 38
... suit . ( a ) The caption , which designates the court . ( b ) The title . This contains the names of the parties and the nature of the suit . This name is now practically obsolete . • Cook vs. Scott , 1 Gilm . ( Ill . ) , 333 , 340 ...
... suit . ( a ) The caption , which designates the court . ( b ) The title . This contains the names of the parties and the nature of the suit . This name is now practically obsolete . • Cook vs. Scott , 1 Gilm . ( Ill . ) , 333 , 340 ...
Page 39
... suit . This generally consists of the words , " and therefore he brings his suit . " ( g ) Signature . Either by party or counsel . SECTION 33. THE PLEA . The first pleading on the part of the defendant is the plea . Pleas are divided ...
... suit . This generally consists of the words , " and therefore he brings his suit . " ( g ) Signature . Either by party or counsel . SECTION 33. THE PLEA . The first pleading on the part of the defendant is the plea . Pleas are divided ...
Page 48
... suit as will authorize him to maintain the same . " 3d . That the parties for whose use the suit is brought ( who , by the laws of Mississippi , are the real plaintiffs , and responsible for costs ) are not named in the record . " 4th ...
... suit as will authorize him to maintain the same . " 3d . That the parties for whose use the suit is brought ( who , by the laws of Mississippi , are the real plaintiffs , and responsible for costs ) are not named in the record . " 4th ...
Page 51
... suit . ' This cannot justify the judgment , because it is demurring in abatement . In such a case the plaintiff is entitled to final judgment . If the matter of abatement be extrinsic the defendant must plead it . If intrinsic , the ...
... suit . ' This cannot justify the judgment , because it is demurring in abatement . In such a case the plaintiff is entitled to final judgment . If the matter of abatement be extrinsic the defendant must plead it . If intrinsic , the ...
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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.