Cases on Civil ProcedureBobbs-Merrill Company, 1916 - 952 Seiten |
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Seite 6
... plea respectively put forward that the proceedings before the commission are proceedings in a court of the state , which the courts of the United States are forbidden to enjoin , Rev. Stats . , sec . 720,8 and that the decision of the ...
... plea respectively put forward that the proceedings before the commission are proceedings in a court of the state , which the courts of the United States are forbidden to enjoin , Rev. Stats . , sec . 720,8 and that the decision of the ...
Seite 18
... plea , but that it behooved that a special assize be granted for Henry and the other plaintiff before other justices.24 21 " The plaintiff Persey was king's sergeant and occasionally employed as judge of assize . He was made a baron of ...
... plea , but that it behooved that a special assize be granted for Henry and the other plaintiff before other justices.24 21 " The plaintiff Persey was king's sergeant and occasionally employed as judge of assize . He was made a baron of ...
Seite 47
... plea , and rendered judgment for the defendant . The administrator prose- cutes a writ of error . The chief point in the case is , as to the validity of the second plea . Without inquiring whether the facts alleged in the plea con ...
... plea , and rendered judgment for the defendant . The administrator prose- cutes a writ of error . The chief point in the case is , as to the validity of the second plea . Without inquiring whether the facts alleged in the plea con ...
Seite 48
... plea that the note was assigned to Ridgeley as the agent of the bank ; that he never had any interest in the note ; and that the legal and beneficial interest therein , was in the bank , was held by the court to constitute no de- fense ...
... plea that the note was assigned to Ridgeley as the agent of the bank ; that he never had any interest in the note ; and that the legal and beneficial interest therein , was in the bank , was held by the court to constitute no de- fense ...
Seite 49
... plea the plaintiffs objected ; and the objection was sustained by the court ; " being of opinion that the plea aforesaid does not present a good and sufficient bar to the action brought in this case in the name of Doddridge and Miller ...
... plea the plaintiffs objected ; and the objection was sustained by the court ; " being of opinion that the plea aforesaid does not present a good and sufficient bar to the action brought in this case in the name of Doddridge and Miller ...
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Cases on Civil Procedure: Selected and Annotated (Classic Reprint) William H. Loyd Keine Leseprobe verfügbar - 2017 |
Häufige Begriffe und Wortgruppen
Accord alleged appear assumpsit authority Bank Blackf brought cause of action chattels Circuit Court Civil Procedure claim Code Civ common law Conn contract counsel court of equity creditor damages debt debtor declaration defendant defendant's demurrer detinue entitled equity error evidence execution favor fieri facias held injury interest Iowa issue Johns joint judge judgment judicial jurisdiction juror jury justice Kans land levy liable lien Mass ment Minn misjoinder motion N. J. Eq Nebr nonsuit officer Ohio St omitted opinion party person plaintiff plaintiff in error plea pleading possession proceedings question recover remedy rendered replevin rule scire facias sheriff Smith Stat statute sued suit Super SUPREME COURT Tenn tion trespass trial trover verdict W. R. Co Wend writ
Beliebte Passagen
Seite 56 - A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Seite 602 - But where the second action between the same parties is upon a different claim or demand, the Judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Seite 20 - It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit.
Seite 321 - Claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Seite 105 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities, without any amendment.
Seite 316 - Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary, be divided into paragraphs, numbered consecutively.
Seite 102 - 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.
Seite 332 - By common law, they meant what the constitution denominated in the third article ' law ; ' not merely suits which the common law recognized among its old and settled proceedings, but suits in which legal rights were to be ascertained and determined, in contradistinction to those where equitable rights alone were recognized, and equitable remedies were administered ; or where, as in the admiralty, a mixture of public law, and of maritime law and equity, was often found in the same suit.
Seite 6 - USCA § 379), it is provided that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Seite 472 - Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial.