Cases and Other Materials on Judicial Remedies: From the Forms of Actions and the Classical Equity Practice to the Federal Rules of Civil Procedure |
From inside the book
Page 882
... a motion or an interlocutory proceeding , any part or all of a deposition , so far as admissible under the rules of evidence , may be used against any party who was present or represented at the taking of the de- position or who had ...
... a motion or an interlocutory proceeding , any part or all of a deposition , so far as admissible under the rules of evidence , may be used against any party who was present or represented at the taking of the de- position or who had ...
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Common terms and phrases
accord affirmed alleged allowed amendment amount answer appeal apply authority bill brought called cause of action Chancery Civil claim Code common law Company complaint considered Constitution contract costs course damages debt decision decree defendant demurrer denied determine directed effect enforce entered entitled equity error evidence exceptions execution facts Federal filed further give given granted ground hearing held injury interest issue judge judgment judicial jurisdiction jurors jury justice land Mass matter ment motion necessary notice objection obtained omitted opinion original party person plaintiff plea pleading possession practice present procedure proceedings question reason record recover relief remedy rendered rule served statement statute sufficient suit supra SUPREME COURT sustained taken tion tort trespass trial United unless verdict writ 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.
Bibliographic information
| Title | Cases and Other Materials on Judicial Remedies: From the Forms of Actions and the Classical Equity Practice to the Federal Rules of Civil Procedure Law school casebook series |
| Authors | Austin Wakeman Scott, Sidney Post Simpson |
| Contributors | United States. District Courts, United States. Supreme Court, Harvard Law School |
| Edition | 2 |
| Publisher | editors, Harvard law school, 1946 |
| Length | 956 pages |
| Export Citation | BiBTeX EndNote RefMan |