Cases on Trial Practice in Civil Actions: Selected from English and American CourtsWest publishing Company, 1927 - 1045 sider |
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Vanlige uttrykk og setninger
affidavit affirmed alleged amendment answer appearance assumpsit attorney authority Bank cause of action challenge charge circuit court claim clerk common law complaint contract counsel damages decision declaration deed default defendant defendant in error defendant's delivered demurrer directed district duty entered entitled evidence facts favor fendant filed given ground held injury Iowa issue judge judgment jurisdiction jurors Justice land matter ment motion negligence nonresident nonsuit notice objection opinion overruled party peremptory challenges person petition plaintiff in error plea pleadings proceedings question railroad reason record recover refused rendered resident reversed rule sealed verdict served service of process sheriff special verdict statement statute sufficient suit summons Supreme Court sustained term testimony thereof tiff tion trial court W. R. Co waived witnesses writ writ of error
Populære avsnitt
Side 20 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
Side 14 - ... the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Side 400 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Side 84 - States, in cases where they apply;" and § 914 declares that "the practice, pleadings and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the Circuit and District Courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such Circuit or District Courts are held, any rule of court to the contrary notwithstanding.
Side 634 - It is urged by the appellant that the court erred in refusing to instruct the jury, as requested, that...
Side 238 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Side 441 - In addition to the demurrer to the evidence, one of the grounds of the motion for a new trial is that the verdict is against the evidence.
Side 262 - Court may also, in its discretion, allow a party to file his pleadings after the time limited therefor; and shall relieve a party from a judgment taken against him, through his mistake, inadvertence, surprise, or excusable neglect, and supply an omission in any proceedings, on complaint or motion filed within two years.
Side 402 - It Is the settled law of this court that when the evidence given at the trial, with all Inferences that the jury could justifiably draw from It, Is Insufficient to support a verdict for the plaintiff, so that such a verdict, If returned, must be set aside, the court Is not bound to submit the case to the Jury, but may direct a verdict for the defendant.
Side 134 - ... between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries and constitute no part of the territory of Kansas...