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Courts and Procedure in England and in New Jersey (Classic Reprint)
Charles Hopkins Hartshorne
Ingen forhåndsvisning tilgjengelig - 2017
abolished Admiralty alleged amend Antiquated Courts arise Bench Division bill cause or matter causes of action cedure Chancery Division chap CHAPTER Circuit court civil claim Code Remedies common law Common Pleas controversy counterclaim county courts Court of Appeal Court of Chancery Court of Common court of equity court or judge courts of law damages decided decision defects defendant delay demurrer determined dismissed Divisional court England entitled equitable rights executor facts form of action ground heard hearing High court House of Lords indorsement inferior courts issue Jersey judgment or order Judicature Act 1873 judicial system jurisdiction justice law and equity lawyers legal and equitable litigation Lord Chancellor mandamus ment misjoinder notice parties person plaintiff pleading Pomeroy principle Probate proceedings provisions Queen's Bench question reform relief respect rules of court set-off settle statute substantive rights suit suitors superior courts Supreme court tion writ of summons
Side 93 - 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.
Side 108 - 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.
Side 174 - Master of the Court of Chancery, and any jurisdiction exercised by him in relation to the Court of Chancery as a Common Law Court; (2.) The Court of Queen's Bench; (3.) The Court of Common Pleas at Westminster; (4.) The Court of Exchequer, as a Court of Revenue, as well as a Common Law Court; (5.) The High Court of Admiralty; (6.) The Court of Probate; (7.) The Court for Divorce and Matrimonial Causes; (8.) The London Court of Bankruptcy...
Side 112 - Any party shall be entitled to raise by his pleading any point of law, and any point so raised shall be disposed of by the judge •who tries the cause at or after the trial, provided that by consent of the parties, or by order of the Court or a judge on the application of either party, the same may be set down for hearing and disposed of at any time before the trial.
Side 105 - We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Side 194 - ... join two or more defendants, to the intent that the question as to which (if any) of the defendants is liable, and to what extent, may be determined as between all parlies.
Side 202 - ... deal specifically with each allegation of fact of which he does not admit the truth, except damages.
Side 221 - The Court of Appeal shall have all the powers and duties as to amendment and otherwise of the High Court, together with full discretionary power to receive further evidence upon questions of fact, such evidence to be either by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner.
Side 201 - Every allegation of fact in any pleading, not being a petition or summons, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition.