American Jurisprudence: A Modern Comprehensive Text Statement of American Law, State and Federal, Volume 61, Part 1Lawyers Co-operative Publishing Company, 1981 |
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Page 236
... considered ; parol evidence or agreement . Some federal courts seem to recognize the necessity of a hearing , including oral argument , on a motion for judgment on the pleadings ; and while the right to oral argument may be waived , a ...
... considered ; parol evidence or agreement . Some federal courts seem to recognize the necessity of a hearing , including oral argument , on a motion for judgment on the pleadings ; and while the right to oral argument may be waived , a ...
Page 262
... considered on demurrer to the petition . A demurrer to a plea in abatement does not open previous pleadings.93 Hence , the court will look only to the pleading itself . ยง 269. On demurrer to answer . Under the principle that a general ...
... considered on demurrer to the petition . A demurrer to a plea in abatement does not open previous pleadings.93 Hence , the court will look only to the pleading itself . ยง 269. On demurrer to answer . Under the principle that a general ...
Page 273
... considered at a pretrial conference may not be considered in ruling on a demurrer.81 While a judge is not precluded from taking judicial notice at the demurrer stage , 82 the use of the doctrine should be severely limited ; a court , in ...
... considered at a pretrial conference may not be considered in ruling on a demurrer.81 While a judge is not precluded from taking judicial notice at the demurrer stage , 82 the use of the doctrine should be severely limited ; a court , in ...
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Common terms and phrases
19 AM JUR abatement acts admission admitted affirmative affirmative defense allegations ALR2d ALR3d amendment answer App 2d averments Bank Cal App cause of action cert Civ Proc Civil Procedure claim Colo Conn constitute contract contributory negligence Corp count court defects defendant's demurrer denial denied Environmental equity evidence ex rel F Supp facts failure Fed Rules FEDERAL PRACTICE Federal Rules filed grounds held infra injury Iowa issue Jur 2d JUR PL jurisdiction L Ed later app Lumber matter Minn misjoinder Mont motion to dismiss motion to strike NE2d NW2d objection Okla ovrld P. R. Co party petition PL & PR plaintiff plea plea in abatement pleader pleading POLLUTION CONTROL PR FORMS Rev proof relief reply Rules of Civil SE2d statement statute sufficient supra SW2d Tex Civ App tion trial USCS