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 62
... Objection . In Fairly v . Wappoo Mills , 44 S. Car . 227 , a motion at the trial to strike out defenses set up in an answer was treated merely as an objection or de- murrer to the answer for not stating facts sufficient to constitute a ...
... Objection . In Fairly v . Wappoo Mills , 44 S. Car . 227 , a motion at the trial to strike out defenses set up in an answer was treated merely as an objection or de- murrer to the answer for not stating facts sufficient to constitute a ...
Page 65
... Objections . If one or more distinct issues contained in a pleading are sham or irrelevant and the remaining issues are ... objection that it involves a departure from the statement of claim and is inconsistent therewith cannot be raised ...
... Objections . If one or more distinct issues contained in a pleading are sham or irrelevant and the remaining issues are ... objection that it involves a departure from the statement of claim and is inconsistent therewith cannot be raised ...
Page 96
... objected to by the defendant , since he occupies the same position as if the court had for- mally and expressly ... objection , such allowance will be reviewed if the record shows the objec tion , although no exception is taken to ...
... objected to by the defendant , since he occupies the same position as if the court had for- mally and expressly ... objection , such allowance will be reviewed if the record shows the objec tion , although no exception is taken to ...
Page 102
... objection for frivolousness is always made by demurrer ,. Plea Good in Form - Common Law . — It has been intimated in one case that a false plea might be rejected on an application to plead double , although it was good in form and could ...
... objection for frivolousness is always made by demurrer ,. Plea Good in Form - Common Law . — It has been intimated in one case that a false plea might be rejected on an application to plead double , although it was good in form and could ...
Page 107
... objection is by demurrer , or by motion at the trial , or for judg . ment under section 537 of the code ; but to the contrary counsel adduces People v . Northern R. Co. , 42 N. Y. 217 , 53 Barb . ( N. Y. ) 98 , in which , upon motion at ...
... objection is by demurrer , or by motion at the trial , or for judg . ment under section 537 of the code ; but to the contrary counsel adduces People v . Northern R. Co. , 42 N. Y. 217 , 53 Barb . ( N. Y. ) 98 , in which , upon motion at ...
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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.