A Selection of Cases and Other Authorities on Civil Procedure in Actions at LawEditor, 1919 - 677 pages |
Contents
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A Selection of Cases and Other Authorities on Civil Procedure in Actions at ... Austin Wakeman Scott No preview available - 2015 |
Common terms and phrases
affidavit affirmed affirmed.¹ alleged amendment answer appear applied assumpsit attorney authority averment brought cause of action Circuit Court claim Code common law COMPANY complaint concur Constitution contract contributory negligence corporation counsel creditor damages debt debtor decision declaration defect defendant defendant's demurrer denial denied detinue entered entitled evidence execution favor filed garnishee granted ground held injury issue joint judge judgment judicial jurisdiction jurors justice land liable Mass matter ment Minn misjoinder motion negligence nonsuit objection opinion is omitted overruled party petition plaintiff in error plea pleading possession practice proceedings question Railroad RAILWAY reason record recover rendered replevin Reported resident reversed rule service of process sheriff statement of facts statute sued sufficient suit summons SUPREME COURT sustained term thereof tion trespass trial by jury trial court verdict writ of error York
Popular passages
Page 300 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 143 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative...
Page 103 - All persons having an interest in the subject of the action and in obtaining the relief demanded...
Page 247 - By another sectiou (196) it is provided that "the court may, before or after Judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 145 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 230 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 283 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Page 146 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 74 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Page 120 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...