The Encyclopædia of Pleading and Practice: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases, Volum 1

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E. Thompson Company, 1903
 

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Side 684 - ... cases : 1. Where the county, designated for that purpose in the complaint, is not the proper county. 2. Where there is reason to believe, that an impartial trial cannot be had in the proper county. 3. Where the convenience of witnesses, and the ends of justice, will be promoted by the change.
Side 480 - Section 124 requires no more than that the indictment must be direct and certain as regards the offense charged. Subsection 2 of section 122 is as follows: "The indictment must contain • * * a statement of the acts constituting the offense, In ordinary and concise language, and In such a manner as to enable a person of common understanding to know what is intended...
Side 38 - Upon 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.
Side 40 - Subject to the following Rules of this Order, the plaintiff may unite in the same action several causes of action, but if it appear to the Court or a Judge that any such causes of action cannot be conveniently tried or disposed of together, the Court or Judge may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.
Side 308 - ... the date of its rendition, the fact and date of the filing of the notice of appeal, together with the fact and date of service thereof on the adverse party, and the character of the evidence by which said service appears...
Side 508 - Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities accruing while he or she remains such stockholder.
Side 643 - The Supreme Court and the Circuit and District Courts shall have power to issue writs of scire facias. They shall also have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law.
Side 242 - The defendant has had, under his answer, the benefit of the defences of usury and payment set up in the 3d and 4th pleas ; and the rule that no plea is to be held bad only because the answer may extend to some part of the same matter as may be covered by the plea, is not applicable where the answer extends to the whole of the matter covered by the plea.
Side 362 - The party holding the affirmative of the issue must produce the evidence to prove it; therefore, the burden of proof lies on the party who would be defeated if no evidence were given on either side.
Side 241 - No demurrer or plea shall be held bad and overruled, upon argument, only because the answer of the defendant may extend to some part of the same matter as may be covered by such demurrer or plea.

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