Federal Rules of Civil Procedure, Volume 1 |
From inside the book
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Page 4
... common- law rules and remedies . The inter- vention of a proceeding in equity to stay proceedings at common law and transfer the issues of a case to a hearing before the chancellor was effective to prevent a jury trial at common law ...
... common- law rules and remedies . The inter- vention of a proceeding in equity to stay proceedings at common law and transfer the issues of a case to a hearing before the chancellor was effective to prevent a jury trial at common law ...
Page 13
... common law or the code system in vogue in the particular state to the necessities of the situa- tion . The direction that the federal courts conform ' as near as may be ' to the state system was properly given a liberal construction by ...
... common law or the code system in vogue in the particular state to the necessities of the situa- tion . The direction that the federal courts conform ' as near as may be ' to the state system was properly given a liberal construction by ...
Page 16
... Common - Law Rules to Rules of Court , " 22 Washington U. L. Quar . , 187 , 201 , Laurance M. Hyde said : " An idea of the kind of pro- cedural system , that the English method may ultimately make pos- sible , can be gained from a ...
... Common - Law Rules to Rules of Court , " 22 Washington U. L. Quar . , 187 , 201 , Laurance M. Hyde said : " An idea of the kind of pro- cedural system , that the English method may ultimately make pos- sible , can be gained from a ...
Page 18
... common - law judge , while insisting that the courts , manned by trained judges , accustomed to refer their every action to legal principles , and provided with an elaborate ap- paratus of substantive law , be held down by detailed ...
... common - law judge , while insisting that the courts , manned by trained judges , accustomed to refer their every action to legal principles , and provided with an elaborate ap- paratus of substantive law , be held down by detailed ...
Page 20
... common sense administration of the judicial business of the state , and that the reasonable regulation of how the business of courts is to be done is as natural a part of the judicial func- tion , with the cooperation of the bar , as ...
... common sense administration of the judicial business of the state , and that the reasonable regulation of how the business of courts is to be done is as natural a part of the judicial func- tion , with the cooperation of the bar , as ...
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Common terms and phrases
A. B. A. Jour allegations alternative pleading amendment answer averments Bank cause of action civil action Civil Practice Act claim Code of Civ Code of Iowa Code Pleading common law Comp complaint Conn constitute contract Corp count counterclaim court of equity damages Deering's Cal defendant defendant's demurrer denial denied discretion dismiss distinction eral federal courts Federal Equity Rules fendant filed form of action fraud held Iowa issue Judge judicial jurisdiction jury Justice law and equity matter ment Misc motion for judgment N. Y. Supp negligence North Dakota party person petition plain plaintiff pleader pleading prayer Proc procedure proof relief remedy served service of process sion Source Authorities statement Stats statute Statutory provisions subdivision substance sufficient summons theory thereof tice tion trial U. S. C. Title 28 Ultimate facts United York
Popular passages
Page 497 - The signature of an attorney constitutes a certificate by him that he has read the pleading, that to the best of his knowledge, information, and belief there is good ground to support it, and that it is not interposed for delay.
Page 263 - ... a. short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which he deems himself entitled.
Page 358 - The answer of the defendant must contain: "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 285 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 71 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.
Page 238 - Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, crossclaim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required...
Page 45 - The court may at any time unite the general rules prescribed by it for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both...
Page 692 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 121 - ... (7) Upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision of this rule, it is also sufficient if the summons and complaint are served in the manner prescribed by any statute of the United States or in the manner prescribed by the law of the state in which the service is made for the service of summons or other like process upon any such defendant in an action brought in the courts of general jurisdiction of that state.
Page 41 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...