The Encyclopaedia of Pleading and Practice: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases, Volume 20
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Common terms and phrases
action affirmed agreement alleged amended amount answer appeal application attorney authority averment Bank bill bond Brown cause Chicago citing claim Code complaint contract costs County court damages decree defendant demurrer direct effect enforce entitled equity error evidence execution facts failure filed frivolous ground held holding interest interrogatories Iowa issue judge judgment jurisdiction jury land Mass matter ment Minn motion N. J. Eq necessary notice objection officer Ohio party person plaintiff plea pleading proceeding proper purchase questions record refused relief remedy rendered rule sham sheriff Smith Spec special findings specific performance statement statute stipulation strike submitted sufficient suit Super Supm taken Tenn tion trial vendor verdict Wash York
Page 6 - The Court or a judge may at any stage of the proceedings order to be struck out or amended any matter in any indorsement or pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass, or delay the fair trial of the action...
Page 8 - The court or a judge may order any pleading to be struck out, on the ground that it discloses no reasonable cause of action or answer, and in any such case or in case of the action or defence being shown by the pleadings to be frivolous or vexatious, the court or a judge may order the action to be stayed or dismissed, or judgment to be entered accordingly, as may be just.
Page 14 - Sham and irrelevant answers and defenses may be stricken out on motion and upon such terms as the court may in their discretion impose.
Page 619 - But, to this end, they must be distinct and formal, or such as are termed solemn admissions, made for the express purpose of alleviating the stringency of some rule of practice, or of dispensing with the formal proof of some fact at the trial.
Page 561 - The statement must contain the grounds upon which the party intends to rely upon the appeal, and so much of the evidence as may be necessary to explain the grounds, and no more.
Page 6 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court or a Judge...
Page 6 - If any Pleading be so framed as to prejudice, embarrass, or delay the fair Trial of the Action, the opposite Party may apply to the Court or a Judge to strike out or amend such Pleading...
Page 104 - Where, upon the statements in the pleadings, one party is entitled by law to judgment in his favor, judgment shall be so rendered by the court though a verdict has been found against such party.
Page 582 - Every pleading shall have attached to it copies of all notes, contracts, book entries, or a particular reference to the records of any court within the county in which the action is brought, if any, upon which the party pleading relies for his claim, or defense, as the case may be...
Page 587 - Suits may be brought against the State in such manner and in such Courts as shall be directed by law.