The Encyclopaedia of Pleading and Practice: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases, Volume 20E. Thompson Company, 1901 |
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Page 43
... facts are not stated in the complaint , and the indebtedness is plain and necessary deduction from the nett , 5 Sandf . ( N. Y. ) 54 , Code Rep . N. S. ( N. Y. ) 238 , 9 N. Y. Leg . Obs . Sisson , 26 N. Y. 264 ; Morrow v . Cou- 330 ...
... facts are not stated in the complaint , and the indebtedness is plain and necessary deduction from the nett , 5 Sandf . ( N. Y. ) 54 , Code Rep . N. S. ( N. Y. ) 238 , 9 N. Y. Leg . Obs . Sisson , 26 N. Y. 264 ; Morrow v . Cou- 330 ...
Page 68
... facts pleaded . “ The question whether the pleading is true or not , or whether it is pleaded in good faith or not , cannot be raised on a motion of this kind . No matter how wildly improbable it may be , that is of no importance . The ...
... facts pleaded . “ The question whether the pleading is true or not , or whether it is pleaded in good faith or not , cannot be raised on a motion of this kind . No matter how wildly improbable it may be , that is of no importance . The ...
Page 71
... facts exist which are admitted to exist as to inquire whether things are true which are judicially known to be false ... facts stated in a complaint , where the facts themselves are admitted by the answer , are frivolous . Hemme v . Hays ...
... facts exist which are admitted to exist as to inquire whether things are true which are judicially known to be false ... facts stated in a complaint , where the facts themselves are admitted by the answer , are frivolous . Hemme v . Hays ...
Page 80
... facts are only presumptively within his knowledge , unless he does in fact possess positive knowledge , which will not be conclusively pre- sumed against him , but is a matter to be proved by evidence.2 Gen. T. ) 17 Abb . Pr . ( N. Y. ) ...
... facts are only presumptively within his knowledge , unless he does in fact possess positive knowledge , which will not be conclusively pre- sumed against him , but is a matter to be proved by evidence.2 Gen. T. ) 17 Abb . Pr . ( N. Y. ) ...
Page 141
... facts constituting a cause of action as if he were a stran ger to everything that took place under the judgment of foreclosure . Title . When any particular fact is essential to the plaintiff's title , such fact must be expressly ...
... facts constituting a cause of action as if he were a stran ger to everything that took place under the judgment of foreclosure . Title . When any particular fact is essential to the plaintiff's title , such fact must be expressly ...
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Common terms and phrases
affirmed alleged amended answer appeal assumpsit attorney averment Bank Barb bill bond cause of action Chicago citing Code Rep Colo common law complaint contract conveyance County court court of equity damages decree defendant demurrer denial enforce equity error evidence execution filed frivolous held interrogatories Iowa issue judgment jurisdiction jurors jury land levy Mass ment Minn Misc motion N. J. Eq N. Y. App N. Y. Super North Carolina notice Nova Scotia Ohio St party plaintiff plea pleading proper purchase money questions refused remedy rendered rule S. W. Rep sham sheriff Smith Spec special findings specific performance statement of facts statute statute of frauds statutory stipulation struck jury sufficient suit Supm Tenn tion trial vendee vendor verdict waived Wash Wend writ York
Popular passages
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 611 - 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 553 - 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 96 - 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 574 - 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 579 - Suits may be brought against the State in such manner and in such Courts as shall be directed by law.