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 |
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Page 14
... record of the State within which such circuit or district courts are held , any rule of court to the contrary notwithstanding . " 6 All this is changed , however , by an Act of Congress of June 19 , 1934 , and the Rules promulgated by ...
... record of the State within which such circuit or district courts are held , any rule of court to the contrary notwithstanding . " 6 All this is changed , however , by an Act of Congress of June 19 , 1934 , and the Rules promulgated by ...
Page 23
... record of what happened in the lower court is called the record . It contains those matters which the upper court is to consider in deciding whether to affirm or reverse the judgment below . At common law , it contained only the ...
... record of what happened in the lower court is called the record . It contains those matters which the upper court is to consider in deciding whether to affirm or reverse the judgment below . At common law , it contained only the ...
Page 24
... record was in Latin , but is translated in the report . In 1731 it was enacted that the pleadings and record in cases at common law should thenceforth be framed in English . See 4 Geo . II , c . 26 . 2 This was a proceeding by bill ...
... record was in Latin , but is translated in the report . In 1731 it was enacted that the pleadings and record in cases at common law should thenceforth be framed in English . See 4 Geo . II , c . 26 . 2 This was a proceeding by bill ...
Page 26
... record before them had in these words . [ Special verdict ] ss . After- wards at the day and place within mentioned , before Thomas Walmesley one of the Justices of the Queen of the Bench , and Ed- ward Fenner , one of the Justices of ...
... record before them had in these words . [ Special verdict ] ss . After- wards at the day and place within mentioned , before Thomas Walmesley one of the Justices of the Queen of the Bench , and Ed- ward Fenner , one of the Justices of ...
Page 28
... record in Slade's Case is an excellent example of an old com- mon law record in an action at law . The student will note that nothing that happened at the trial appears in the record . In the modern record on appeal , illustrated by the ...
... record in Slade's Case is an excellent example of an old com- mon law record in an action at law . The student will note that nothing that happened at the trial appears in the record . In the modern record on appeal , illustrated by the ...
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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.