The Law Magazine: Or, Quarterly Review of Jurisprudence, Tom 14;Tom 45Saunders and Benning, 1851 |
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... TRIAL IN AMERICA IV . - MARTIAL LAW V. THE CAUSE LISTS ON THE OXFORD CIRCUIT , PAST , PRESENT AND FU- TURE · · 185 208 217 VI . THE AMERICAN CRIMINAL CODE 228 · VII . THE BILL FOR THE BETTER ADMINIS- TRATION OF JUSTICE IN THE COURT OF ...
... TRIAL IN AMERICA IV . - MARTIAL LAW V. THE CAUSE LISTS ON THE OXFORD CIRCUIT , PAST , PRESENT AND FU- TURE · · 185 208 217 VI . THE AMERICAN CRIMINAL CODE 228 · VII . THE BILL FOR THE BETTER ADMINIS- TRATION OF JUSTICE IN THE COURT OF ...
Strona 5
... 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 . These sections , and those which follow , being peculiarly im- portant , we have ...
... 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 . These sections , and those which follow , being peculiarly im- portant , we have ...
Strona 6
... trial of civil actions and the mode of commencing them . By s . 127 , it is enacted , that " Civil actions in the courts of record of this State shall be commenced by the service of a summons ; " then follow numerous sections relating ...
... trial of civil actions and the mode of commencing them . By s . 127 , it is enacted , that " Civil actions in the courts of record of this State shall be commenced by the service of a summons ; " then follow numerous sections relating ...
Strona 7
... trial to be had , and the names of the parties to the action , plaintiff and defendant . " 2. A statement of the facts constituting the cause of action , in ordinary and concise language , without repetition , and in such a manner as to ...
... trial to be had , and the names of the parties to the action , plaintiff and defendant . " 2. A statement of the facts constituting the cause of action , in ordinary and concise language , without repetition , and in such a manner as to ...
Strona 10
... trial , the facts conferring jurisdiction . " S. 162. In pleading the performance of conditions precedent in a contract , it shall not be necessary to state the facts , showing such performance ; but it may be stated generally that the ...
... trial , the facts conferring jurisdiction . " S. 162. In pleading the performance of conditions precedent in a contract , it shall not be necessary to state the facts , showing such performance ; but it may be stated generally that the ...
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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...