Decisions on Federal Rules of Civil Procedure: bulletin, Issues 20-29Department of Justice., 1940 - Civil procedure |
From inside the book
Results 1-5 of 100
Page 1
... Editorial Headnote In an action for commissions on sales , the defense of the Statute of Frauds should be pleaded as an affirmative defense and may not be raised by motion to dismiss for insufficiency . COXE , D. J. The complaint in ...
... Editorial Headnote In an action for commissions on sales , the defense of the Statute of Frauds should be pleaded as an affirmative defense and may not be raised by motion to dismiss for insufficiency . COXE , D. J. The complaint in ...
Page 3
... Editorial Headnote In an action against the Collector of Internal Revenuo for refund of taxes , in which plaintiff allogos over valuation of part of the inven- tory and defendant alleges that other parts of the inventory were under ...
... Editorial Headnote In an action against the Collector of Internal Revenuo for refund of taxes , in which plaintiff allogos over valuation of part of the inven- tory and defendant alleges that other parts of the inventory were under ...
Page 5
... Editorial Headnote A motion for an order to require plaintiff to submit to a physical and mental examination should be overruled in an action for libel stating that plaintiff was suffering from various physical and mental conditions ...
... Editorial Headnote A motion for an order to require plaintiff to submit to a physical and mental examination should be overruled in an action for libel stating that plaintiff was suffering from various physical and mental conditions ...
Page 1
... Editorial Headnote 1. In an action against the United States , the Secretary of Agriculture , the Attorney General and others to enjoin the enforcement of the Marketing Agreement Act of 1937 , a motion to dismiss for lack of ...
... Editorial Headnote 1. In an action against the United States , the Secretary of Agriculture , the Attorney General and others to enjoin the enforcement of the Marketing Agreement Act of 1937 , a motion to dismiss for lack of ...
Page 7
... Editorial Headnote Motion for more definite statement should be granted if necessary to enable moving party properly to prepare his responsive pleading or to prepare for trial but not if the sole purpose of the motion is to expand the ...
... Editorial Headnote Motion for more definite statement should be granted if necessary to enable moving party properly to prepare his responsive pleading or to prepare for trial but not if the sole purpose of the motion is to expand the ...
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Common terms and phrases
admission alleged amended complaint answer application April 19 Attorney bill of interpleader bill of particulars Bull cause of action Circuit Court Civil Procedure claim contract controversy Corporation counsel counterclaim Court of Appeals damages declaratory judgment decree defendant's motion denied deposition directed verdict District Court District of Pennsylvania diversity of citizenship documents Eastern District Editorial Headnote effective date entitled Equity Rules evidence examination facts Federal Rules filed fuller's earth granted infringement Insurance Company interpleader interrogatories intervention issue jurisdiction jury liability March 22 McLellan Stores motion to dismiss Motion--Motion for Judgment Motors Corporation negligence notice opinion Paragraph patent in suit plaintiff Pleading or Motion--Motion Pleadings Subdivision prior provides question records relief request Rule 12 Rule 34 Rule 41 Rule 86 Rules of Civil served Southern District statute subpoena Supp third party complaint third party defendant tion trial United witness York April York March
Popular passages
Page 21 - The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs.
Page 53 - The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.
Page 16 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.
Page 19 - In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
Page 26 - When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time...
Page 28 - These rules govern the procedure in the district courts of the United States in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Rule 81. They shall be construed to secure the just, speedy, and inexpensive determination of every action. Rule 2. One Form of Action. There shall be one form of action to be known as "civil action".
Page 27 - The motion shall show (1) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each; (2) the reasons for perpetuating their testimony.
Page 3 - ... by delivering a copy of the summons and of the complaint to him personally or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.
Page 46 - If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court.
Page 30 - A reference to a master shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account and of difficult computation of damages, a reference shall be made only upon a showing that some exceptional condition requires it.