A Treatise on the Principles of Pleading in Civil Actions: Comprising a Summary View of the Whole Proceedings in a Suit at Law

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Kay & Brother, 1867 - 367 pages
 

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Page 14 - We have commanded you], that within Eight Days after the Service of this Writ on you, inclusive of the Day of such Service, you do cause...
Page xli - IN all actions of assumpsit, except on bills of exchange and promissory notes, the plea of non assumpsit shall operate only as a denial in fact of the express contract or promise alleged, or of the matters of fact from which the contract or promise alleged may be implied by law.
Page cxiii - ... payment of costs to the other party, or postponing the trial to be had before the same or another jury, or both payment of costs and postponement as such Court or judge shall...
Page 14 - 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...
Page 168 - ... thence next ensuing : and fully to be complete and ended...
Page xliii - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 424 - The office of a proviso, generally, is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of it, as extending to cases not intended by the legislature to be brought within its purview.
Page 142 - In the margin of every demurrer, before it is signed by counsel, some matter of law intended to be argued shall be stated, and if any demurrer shall be delivered without such statement, or with a frivolous statement, it may be set aside as irregular by the Court or a Judge, and leave may be given to sign judgment as for want of a plea.
Page 373 - Wherefore he prays judgment if the said plaintiff ought to have or maintain his aforesaid action against him," etc., (a conclusion in bar,) is bad.
Page cxiv - ... court shall think reasonable ; and after any such amendment the trial shall proceed, whenever the same shall be proceeded with, in the same manner in all respects, and with the same consequences, both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had occurred...

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