Decisions on Federal Rules of Civil Procedure: bulletin, Issues 20-29Department of Justice., 1940 - Civil procedure |
From inside the book
Results 1-5 of 85
Page 1
... question should bo presented by affirmative defonse under Rule 8 ( c ) . The motion of the defendants to dismiss the complaint is denied . vd MOTOLOOK Tier RULE 12 Defenses and Objections - Prosontod -1- RULE 8 General Rules of Pleading -
... question should bo presented by affirmative defonse under Rule 8 ( c ) . The motion of the defendants to dismiss the complaint is denied . vd MOTOLOOK Tier RULE 12 Defenses and Objections - Prosontod -1- RULE 8 General Rules of Pleading -
Page 4
... question in such cases is whether the government has received money which , in equity and good conscience , belongs ... questions the amount of his tax may select from his closing inventory certain items which he deems to be over ...
... question in such cases is whether the government has received money which , in equity and good conscience , belongs ... questions the amount of his tax may select from his closing inventory certain items which he deems to be over ...
Page 6
... question presented thon is this a question not argued by counsel the question prosented is , doos Rulo 35 govern such a situation as is presented by this case . The language of Rule 35 is this - In an action in which the mental or ...
... question presented thon is this a question not argued by counsel the question prosented is , doos Rulo 35 govern such a situation as is presented by this case . The language of Rule 35 is this - In an action in which the mental or ...
Page 1
... question the constitutionality of the act .. For the purpose of the motion to dismiss all of the well pleaded facts appearing in the complaint are doomed to be true , and are the facts before us . ... - Statements of fact herein are ...
... question the constitutionality of the act .. For the purpose of the motion to dismiss all of the well pleaded facts appearing in the complaint are doomed to be true , and are the facts before us . ... - Statements of fact herein are ...
Page 3
... been said , it is clear that the action in question does not meet with these requirements . The motion to dismiss is allowed . 2 : Subdivision ( b ) Fraud , Mistake , -3- Mass Farmers , etc v . U. S. A. , et al . ( 3 )
... been said , it is clear that the action in question does not meet with these requirements . The motion to dismiss is allowed . 2 : Subdivision ( b ) Fraud , Mistake , -3- Mass Farmers , etc v . U. S. A. , et al . ( 3 )
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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.