The Law Magazine: Or, Quarterly Review of Jurisprudence, Tom 14;Tom 45Saunders and Benning, 1851 |
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Strona 3
... fact an entire revolution in their law , and which could not be carried out without going to the very roots of the old procedure , without a new growth from the very beginning . A more difficult or important task has rarely been ...
... fact an entire revolution in their law , and which could not be carried out without going to the very roots of the old procedure , without a new growth from the very beginning . A more difficult or important task has rarely been ...
Strona 5
... fact not put in issue by the pleadings is to be tried by a jury , an order for the trial may be made , stating distinctly and plainly the question of fact to be tried , and such order shall be the only authority necessary for a trial ...
... fact not put in issue by the pleadings is to be tried by a jury , an order for the trial may be made , stating distinctly and plainly the question of fact to be tried , and such order shall be the only authority necessary for a trial ...
Strona 10
... facts conferring jurisdiction ; but such judgment or deter- mination may be stated to have been duly given or made . If such allegation be controverted , the party pleading shall be bound to establish , on the trial , the facts ...
... facts conferring jurisdiction ; but such judgment or deter- mination may be stated to have been duly given or made . If such allegation be controverted , the party pleading shall be bound to establish , on the trial , the facts ...
Strona 11
... fact shall be proved to the satisfaction of the court , and in what respect he has been misled ; and thereupon the court may order the pleading to be amended , upon such terms as shall be just . " S. 170. Where the variance is not ...
... fact shall be proved to the satisfaction of the court , and in what respect he has been misled ; and thereupon the court may order the pleading to be amended , upon such terms as shall be just . " S. 170. Where the variance is not ...
Strona 22
... fact , a triple check - the principles of management are pre scribed by Parliament - the application of those principles is sanctioned by the Treasury - and the expenditure of the money is subject to the examination of Auditors ...
... fact , a triple check - the principles of management are pre scribed by Parliament - the application of those principles is sanctioned by the Treasury - and the expenditure of the money is subject to the examination of Auditors ...
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Popularne fragmenty
Strona 4 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
Strona 10 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Strona 10 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Strona 92 - I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment, as settled by law within this realm...
Strona 7 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Strona 166 - The rule of the common law, that statutes in derogation! thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to. which it relates, and its provisions are to be liberally construed with a view to effect its objects and to promote justice.
Strona 92 - I do declare, That I do not believe that the Pope of Rome, or any other Foreign Prince, Prelate, Person, State, or Potentate, hath or ought to have any Temporal or Civil Jurisdiction, Power, Superiority, or Pre-eminence, directly or indirectly, within this Realm...
Strona 4 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Strona 6 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties for the same cause; or, 4.
Strona 7 - ... cause, unable to verify it, or the facts are within the knowledge of his attorney, or other person verifying the same. When the pleading is verified by the attorney, or any other person except...