The Encyclopædia of Pleading and Practice: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases, Volume 3E. Thompson Company, 1905 - Civil procedure |
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Common terms and phrases
14 ENCYC affidavit affirmed alleged Amendment answer appeal appellate court application Assoc attorney Averment Bank bill bond cause of action Chicago citing 13 ENCYC City claim Code Civ Colo complaint contract County Crim Davis decree defendant demurrer Dist District Ct equity error Estate evidence facts Failure filed granted held holding Idaho Illinois indictment Iowa issue Joinder Jones Judge judgment jurisdiction jury Kansas lien mandamus Matter ment Miller Minn Misc misjoinder Missouri Mont motion N. J. Eq N. Y. App N. Y. Supp Necessity notice officer Ohio Cir Okla Oregon original note party person petition plaintiff plea Pleading proceedings Remedy Rule S. W. Rep scire facias Smith Spec Stat statute Statutory sufficient suit Super Supm Tenn Texas tion trial court Utah verdict Waiver Wash writ York
Popular passages
Page 781 - A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Page 799 - If it appears to the satisfaction of the court, after a full hearing upon the petition and an examination of the proofs and allegations of the parties interested, that a sale of the whole or some portion of the real estate is necessary for...
Page 317 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Page 596 - That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law.
Page 199 - A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury or court, or by referees.
Page 629 - All property of railroad companies shall be assessed, and the taxes collected in the several counties in which said property is situated, including so much of the road-bed and fixtures as shall be in each county. The rolling stock may be assessed in gross in the county where the principal office of the company is located, and the county tax paid upon it shall be apportioned by the Comptroller, in proportion to the distance such road may run through any such county, among the several counties through...
Page 470 - To open, vacate, modify, or set aside, or to enter, as of a former time, a decree or order of his court ; or to grant a new trial or a new hearing for fraud, newly discovered evidence, clerical error, or other sufficient cause. The powers, conferred by this subdivision, must be exercised only in a like case and in the same manner, as a court of record and of general jurisdiction exercises the same powers.
Page 12 - This form of relief is clumsy and illogical because it authorizes the trial of a dead lawsuit in the interest of one who never owned the claim upon which it was founded. It was a device of the courts, not of the Legislature, and sprang from the necessity of providing some remedy against fraudulent settlements...
Page 263 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 199 - A new trial is a re-examination in the same court of an issue of fact after a verdict by a jury, report of a referee, or a decision by the court.