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 42
... necessary and material ele- ment of the cause of action , the denial of that averment puts it in issue and makes the answer good . Newton v . Gould , ( Supm . Ct . Gen. T. ) 14 N. Y. St. Rep . 397 , citing Knapp v . Roche , 94 N. Y. 329 ...
... necessary and material ele- ment of the cause of action , the denial of that averment puts it in issue and makes the answer good . Newton v . Gould , ( Supm . Ct . Gen. T. ) 14 N. Y. St. Rep . 397 , citing Knapp v . Roche , 94 N. Y. 329 ...
Page 122
... necessary to show in the application that the act complained of would under the circumstances amount to a misde- meanor in a criminal sense , as the word was used in the statute in the sense of misconduct , " but the appli- cation must ...
... necessary to show in the application that the act complained of would under the circumstances amount to a misde- meanor in a criminal sense , as the word was used in the statute in the sense of misconduct , " but the appli- cation must ...
Page 144
... necessary to show the particular liability.1 ( d ) Official Character . -If from an Inspection of the Whole ... necessary to pay such sums of money , and levied thereout a greater sum than was necessary to pay them , are sufficient ...
... necessary to show the particular liability.1 ( d ) Official Character . -If from an Inspection of the Whole ... necessary to pay such sums of money , and levied thereout a greater sum than was necessary to pay them , are sufficient ...
Page 157
... necessary that the indict- ment should set out the return made and allege directly and positively the facts which negative the return . Tib- bals v . State , 5 Wis . 596 . Failure to Execute Warrant - Aver ment of Jurisdiction . — In an ...
... necessary that the indict- ment should set out the return made and allege directly and positively the facts which negative the return . Tib- bals v . State , 5 Wis . 596 . Failure to Execute Warrant - Aver ment of Jurisdiction . — In an ...
Page 169
... Necessary Party After Appeal . - Where the express terms of the statute require the proceeding to be against " the constable and his sure- ties , " it was held that in a proceeding against the sureties alone before a jus- tice of the ...
... Necessary Party After Appeal . - Where the express terms of the statute require the proceeding to be against " the constable and his sure- ties , " it was held that in a proceeding against the sureties alone before a jus- tice of the ...
Other editions - View all
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 8 - 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 609 - 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 551 - 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 8 - 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 8 - 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 94 - 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 572 - 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 577 - Suits may be brought against the State in such manner and in such Courts as shall be directed by law.