Civil Procedure of the Trial Court in Historical Perspective

Forside
The Lawbook Exchange, Ltd., 2005 - 534 sider
Reprint of a title from the Judicial Administration Series published by the National Conference of Judicial Councils. Originally published: New York: Published by the Law Center of New York University for the National Conference of Judicial Councils, 1952. xvi, 534 pp. Written near the end of Millar's career, the present study is a brilliant summary of his life's work. It discusses antecedents of the Anglo-American system, the evolution of procedure and American and English civil procedure in the nineteenth century. Other chapters discuss the development of specific areas, such as introduction of the cause, mode of trial and voluntary dismissal.

"In a society which so often confuses quantity with quality - or at least tends to regard quantity as a necessary ingredient of quality - it is not surprising that American legal texts labeled "great" have generally been multi-volumed ones. While the number of volumes certainly does not detract from the worth of a Williston on Contracts or a Wigmore on Evidence, their sheer size has made them more easily recognizable, in our society, as classics. On the other hand, the single volume American law books receiving the label of greatness would make a sparse list indeed. To this elite list must now be added Professor Millar's Civil Procedure of the Trial Court in Historical Perspective." --Philip P. Kurland, Harvard Law Review 66 (1952-1953) 1542

Robert Wyness Millar [1876-1959], a professor at Northwestern University Law School, was a leading authority on civil procedure and its history. Miller 1937 Millar was the author of The Old Regime and the New in Civil Procedure (1937) and, with co-author Arthur Engelmann, A History of Continental Civil Procedure (1927).

 

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4 ADMINISTRATION OF THE ISSUES
272
5 REFERENCES
280
TRIAL BY JURY
289
2 WITHDRAWING THE CASE FROM THE JURY
297
3 THE CHARGE TO THE JURY
310
4 THE VERDICT
315
5 THE MOTION IN ARREST AND ITS CONGENERS
323
6 THE MOTION FOR JUDGMENT ON THE EVIDENCE NOTWITHSTANDING THE VERDICT
330

4 THE JURY
20
5 INFLUENCE OF THE JURY UPON PROCEDURE
21
6 THE COURT OF CHANCERY
23
7 EXTERNAL CHARACTERISTICS OF THE DEVELOPMENT
26
ENGLISH CIVIL PROCEDURE IN THE EARLY NINETEENTH CENTURY
31
AMERICAN CIVIL PROCEDURE IN THE EARLY NINETEENTH CENTURY
39
THE COURSE OF REFORM IN ENGLAND
43
THE COURSE OF REFORM IN THE UNITED STATES
52
SPECIFIC PHASES
65
INTRODUCTION OF THE CAUSE
74
2 SERVICE OF PROCESS
85
JOINDER OF PARTIES
98
JOINDER OF DEMANDS
111
COUNTERDEMANDS AND CROSSCLAIMS
123
2 CROSSCLAIMS
139
THIRDPARTY PARTICIPATION
143
2 MEDIAL INTERPLEADER
152
3 THIRDPARTY IMPLEADER
159
PLEADING
171
2 REFORMS IN THE NONCODE AREA PRIOR TO THE FEDERAL RULES OF 1938
176
3 THE FEDERAL RULES OF 1938
180
4 SOME GENERAL OBSERVATIONS
187
DISCOVERY AND INSPECTION
201
2 DISCOVERY AND INSPECTION OF DOCUMENTS
219
3 NONDOCUMENTARY INSPECTION
225
THE PRETRIAL HEARING
229
1 THE MOTION FOR SUMMARY JUDGMENT
237
2 THE MOTION FOR DISMISSAL ON SUMMARY ISSUES
250
VOLUNTARY DISMISSAL
253
MODE OF TRIAL
260
2 MODIFICATIONS OF THE JURY AS A TRIAL BODY
263
3 TRIAL OF EQUITY CAUSES AND ISSUES
267
7 THE MOTION FOR NEW TRIAL
335
INFLUENCE OF JURY PROCEDURE ON TRIAL BY THE COURT
346
THE JUDGMENT
356
2 JUDGMENTS BY DEFAULT
361
3 JUDGMENTS BY CONFESSION
373
4 JUDGMENTS BY REM
377
5 THE DECLARATORY JUDGMENT
380
NONAPPELLATE RECOURSE AGAINST JUDGMENTS
385
2 COMMONLAW MEANS OF RECOURSE
390
3 EQUITABLE MEANS OF RECOURSE
396
4 STATUTORY MEANS OF RECOURSE
401
5 RECOURSE AGAINST JUDGMENTS BY DEFAULT
408
6 COLLATERAL ATTACK
412
EXECUTION INITIAL CONSIDERATIONS
419
EXECUTION OF MONEY JUDGMENTS
422
2 NORMAL EXECUTION AGAINST PROPERTY
426
3 EXECUTION BY EQUITABLE AID
437
4 SUPPLEMENTARY PROCEEDINGS
442
5 GARNISHMENT AFTER JUDGMENT
446
6 EXECUTION BY SEQUESTRATION
452
7 EXECUTION BY JUDICIAL SALE
453
8 EXECUTION AGAINST THE PERSON
456
9 THE MODERN ENGLISH DEVELOPMENT
462
EXECUTION OF OTHER THAN MONEY JUDGMENTS
470
2 IN EQUITABLE ACTION FOR NONPECUNIARY RELIEF
474
SECURITY MEASURES ANTICIPATORY OF EXECUTION
481
2 THE REPLEVIN PROCESS
498
3 CONSERVATION BY RECEIVERSHIP
509
4 INTERIM SEQUESTRATION AS A SECURITY MEASURE
511
INDEX
517
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