Cases and Other Materials on Judicial Remedies: From the Forms of Actions and the Classical Equity Practice to the Federal Rules of Civil Procedureeditors, Harvard law school, 1938 - 1309 pages |
From inside the book
Results 1-3 of 89
Page 20
... issue is reached , an issue of law , not an issue of fact . This issue will be determined by the court and not by a jury , since it involves a question of law . Under the procedure in many states today , the functions of a de- murrer ...
... issue is reached , an issue of law , not an issue of fact . This issue will be determined by the court and not by a jury , since it involves a question of law . Under the procedure in many states today , the functions of a de- murrer ...
Page 236
... issue , making it unnecessary in many cases for the defendant's lawyer to make specific denials or specific allegations of fact . By pleading the general issue , a pleading which was simple in form and stated in language fixed by ...
... issue , making it unnecessary in many cases for the defendant's lawyer to make specific denials or specific allegations of fact . By pleading the general issue , a pleading which was simple in form and stated in language fixed by ...
Page 239
... issue differs depending on the character of the plaintiff's cause of action.1 ( 1 ) In debt on simple contract prior to the Hilary Rules , the plea was nil debet . This denied the existence of the debt at the time of the suit , and ...
... issue differs depending on the character of the plaintiff's cause of action.1 ( 1 ) In debt on simple contract prior to the Hilary Rules , the plea was nil debet . This denied the existence of the debt at the time of the suit , and ...
Contents
PART ONE THE JUDICIAL SYSTEM I INTRODUCTORY | 1 |
JUDICIAL ORGANIZATION PAGE vii 1 | 5 |
PART TWO ACTIONS AT LAW III AN OUTLINE OF THE PROCEEDINGS IN AN ACTION AT | 16 |
Copyright | |
82 other sections not shown
Other editions - View all
Common terms and phrases
action at law affidavits affirmed alleged Amendment answer appear application assumpsit attorney bill cause of action Chancellor chattels Circuit Court civil claim Code common law complaint Constitution contract corporation counsel counterclaim Court of Chancery court of equity damages debt declaration decree defendant defendant's demurrer denial denied detinue enforce entered entitled evidence execution fact federal fendant filed fraud granted ground Harv held infra injunction injury issue judge judgment judicial jurisdiction jurors justice land Lord mandamus matter ment motion negligence nonsuit omitted opinion overruled party person petition plaintiff plaintiff in error plea pleading possession practice procedure proceedings purchase question quo warranto reason recover refused relief remedy rendered replevin rule service of process specific performance statute sufficient suit supra SUPREME COURT sustained thereof tion trespass trial by jury trial court United verdict writ of error York