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, 1946 - 956 pages |
From inside the book
Results 1-5 of 100
Page 18
... issue or to specific issues , and it is only these issues which will be decided at the trial or hearing . Thus , not only will each party be better pre- pared to meet his opponent's case , but the determination of the con- troversy can ...
... issue or to specific issues , and it is only these issues which will be decided at the trial or hearing . Thus , not only will each party be better pre- pared to meet his opponent's case , but the determination of the con- troversy can ...
Page 19
... issue of fact is reached . and this issue will be tried by a jury . If the replication sets up new facts , no issue has been reached , and it is necessary for the defendant to file a rejoinder . This rejoinder may be a negative one , in ...
... issue of fact is reached . and this issue will be tried by a jury . If the replication sets up new facts , no issue has been reached , and it is necessary for the defendant to file a rejoinder . This rejoinder may be a negative one , in ...
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 128
... issue of fact in the case , whether the plaintiff was prevented from performing his part of the contract on ac- count of an unjustifiable neglect and refusal of the defendant to perform his part , the evidence was conflicting . That issue ...
... issue of fact in the case , whether the plaintiff was prevented from performing his part of the contract on ac- count of an unjustifiable neglect and refusal of the defendant to perform his part , the evidence was conflicting . That issue ...
Page 166
... issue in fact is at once raised ; if , admitting the fact of the assault , he pleads that he committed it in self - defence , here , nothing being as yet denied , no issue would be raised . But , fresh matter being alleged , the plain ...
... issue in fact is at once raised ; if , admitting the fact of the assault , he pleads that he committed it in self - defence , here , nothing being as yet denied , no issue would be raised . But , fresh matter being alleged , the plain ...
Contents
1 | |
5 | |
16 | |
86 | |
91 | |
103 | |
112 | |
131 | |
141 | |
165 | |
225 | |
231 | |
277 | |
301 | |
331 | |
348 | |
366 | |
379 | |
381 | |
398 | |
455 | |
470 | |
476 | |
491 | |
499 | |
531 | |
547 | |
570 | |
574 | |
591 | |
618 | |
624 | |
691 | |
724 | |
753 | |
768 | |
778 | |
787 | |
803 | |
809 | |
810 | |
816 | |
824 | |
830 | |
842 | |
849 | |
860 | |
866 | |
872 | |
886 | |
894 | |
907 | |
918 | |
931 | |
947 | |
Other editions - View all
Common terms and phrases
action at law affidavit affirmed alleged amendment answer apply assumpsit bill cause of action Chancellor Circuit Court Civil Procedure claim Code Code Pleading common law complaint Constitution contempt contract counsel counterclaim Court of Chancery court of equity creditor damages debt debtor decision declaration decree defendant defendant's demurrer denial denied directed verdict District Court effect enforce entitled evidence execution facts Federal Rules fendant filed granted ground Harv held infra injury issue judge judgment judicial jurisdiction jurors justice land Mass matter ment motion nonsuit omitted opinion overruled party person plaintiff plaintiff in error plea pleading possession practice proceedings question reason recover relief remedy rendered replevin replication Rules of Civil sequestration service of process sheriff statute suit supra SUPREME COURT sustained thereof tion trespass trial by jury United verdict writ of error York
Popular passages
Page 854 - Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
Page 222 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 842 - Upon timely application anyone shall be permitted to intervene in an action: ( 1 ) when a statute of the United States confers an unconditional right to intervene; or (2) when the representation of the applicant's interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action...
Page 833 - All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
Page 865 - No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not.
Page 517 - Whether due process is satisfied must depend rather upon the quality and nature of the activity in relation to the fair and orderly administration of the 'laws which it was the purpose of the due process clause to insure.
Page 269 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 463 - Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.
Page 392 - If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.
Page 213 - A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion.