Practise and Pleading Under the Code: With Appendix of Forms and Text of Code and Rules (Google eBook)

Front Cover
The Author, 1854
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Contents

Federal courts jurisdiction of
11
OF THE COURTS OF APPEAL 10 Jurisdiction and powers of
14
OP THE SUPREME COURT 11 Supreme Court power of
19
General and special terms
20
Chamber business powers of county judges
21
Powers of judges out of court
23
Courts arrangement as to
24
Appeals c
25
OF THE COUNTT COURTS 18 Jurisdiction and power of
26
Jurisdiction and powers of generally considered
32
OP THE MAYOBS AXD RECORDERS COURTS OP CITIES
40
BOOK II
54
CHAPTER HI OP THE LIMITATION OP ACTIONS
84
BOOK III
109
OP PROCEEDINGS FOR SETTLEMENT OP A CONTROvERSY WITHOUT ACTION BROUGHT
111
Submission of controversy
112
Confession of judgment
113
CHAPTER UL OF SUMMONS AND ITS SERvICE Preliminary Remarks
117
Summons nature and form of
118
Service of complaint with summons
125
Notice of no personal claim
126
Substituted service against resident defendants in certain casesService by publication
131
Service on several defendants joint debtors Ac
138
Proof of service
139
Appearance of defendant
140
Closing remarks on above head
141
OP THE APPOINTMENT OP GUARDIAN AND HIS DUTIES 50 General remarks
142
Guardian ad litem
146
BOOK IV
151
Notices and service of papers
152
Service by mail
155
Computation of time
160
Papers in causemarking folios
162
Undertakings Ig3 60 Affidavits
163
Motions and ordersgeneral deflnitions
167
Motions general classificaion of
168
Ex parte motions
174
Order to show cause
179
Notice of motion
180
Petitions
184
Opposed motions where cognizable
186
Opposed motionscourse on hearing and incidents of papers used on
190
Ordersgeneral remarks
198
BOOK V
205
OP ARREST AND BAIL 72 Preliminary remarksold law how far repealed
207
Writ of ne exeat
208
When defendant arrestablestatutory provisions
210
Application for arrest when and how made
217
Mode and incidents of arrest
222
Course of defendant when arrested
223
Bail by defendant
228
Exception and justification
231
Surrender by bail
233
Remedies against bail
234
Exoneration of bail
235
Deposit in lieu of bail
236
Concluding remarks
237
Provisional remedy how obtained
241
Defendants course of action and ulterior proceedings
244
by whom granted
248
When obtainablegeneral classification
249
Preliminary injunctions
250
Subsidiary injunction
259
Mode of application foraffidavits
260
Service of injunction
266
Defendants course in order to oppose or vacate
267
Violation of injunction
272
Nature of remedy
274
From whom and how obtainable
275
Form of affidavit
282
Security on application
284
Warrant of attachment
285
Sheriffs proceedings on warrant
286
Discharge of attachment on giving security
289
ESect of judgment if in favor of defendant
293
APPOINTMENT OF RECEIvER AND OTHER PROvISIONAL REMEDIES 104 Statutory provisions
297
Receivers
298
Other remedies
303
BOOK VI
304
Distinctions between law and equity
305
Averments of fact principles as to
308
OF THE FORMAL REQUISITES OP PLEADING 111 Numbering folios Ac
327
Subscription and verification
328
Return of defective pleading
334
Other formalities
335
ON THE COBKECTION OP PLEADINGS BY THE MOvING PARTY General remarks
336
Statement of cause of action
368
Joinder of causes of action
369
Right of plaintiff to sue
376
Averments of fact generally considered
380
Averments of fact in special cases
386
Averments of fact in special cases continued
392
Averments of fact continued
403
Averments of fact continued
405
Real estate cases
409
1S4 Prayer for relief
417
Service and other formalities
420
Collateral proceedings
422
Defects in summons
425
Notice of appearancedemand of copy complaint
426
Motion to dismiss
429
Defendants course on service of complaint
430
Precautionary proceedings of defendant on his own behalf
434
Defendants proceedings with reference to plaintiff
438
Proceedings preliminary to answer
445
Time to plead
447
Relief where default suffered
452
DEMURRER 146 General nature and office of demurrer
454
Grounds of demurrer under Code
458
Mode of statement of grounds aa above _
462
Omission to demur
464
Demurrer and answer how far admissible in connection
465
Frivolous demurrer
466
Concluding remarks
469
Preliminary considerations
471
Demurrer by answer
474
Traverse of plaintiffs case
476
Defensive allegations in bar or in abatement
485
Averment of facts
490
Counterclaim and setoff c
502
Demand of relief by answer 09
509
COURSE OF THE PLAINTIFF ON RECEIPT OF THE DEFENDANTS PLEADING 162 Motion to satisfy admitted part of demand
518
Motion on ground of defects in answer
519
Amendment of complaint and other proceedings before final joinder of issue
523
Discontinuance
525
OK REPIA OR DEMUHREK TO ANSWER AND OF THE DEFENDANTS Pr o CEEMNGS THEREON WHERE ADMISSIBLE 166 General consid...
526
Demurrer to answer
530
Reply
535
Defendants course on service of reply
538
Final joinder of issue effect of on pleadings admission of facts not controverted
542
REvIvOR AND SUPPLEMENTAL PLEADINU 171 Revivor c
544
Supplemental pleading
553
Of Proceedings between Issue and Trial
556
OF THE FORMAL PREPARATIONS FOR TRIAL
594
INSPECTION AND DISCOvERY OF DOCUMENTS
610
EXAMINATION OF PARTIES
624
OF THE RULES OF EvIDENCE AS AFFECTED BY THE CODI
637
BOOK IX
658
Objections on trial
668
Other incidents of trial generally considered
671
Course of trial
672
TRIAL OF AN ISSUE AT LAW 200 Conrse on trial
676
Course on decision
677
OF TAKING DEFAULT OR INQUEST 202 Default
680
Inquest
683
Opening default or inquest
686
TRIAL Bv JURv 205 Constitution of jurygeneral form of trial
688
Incidental points as to trial
690
Verdict and its incidents
693
Entry and consequences of verdict
696
TRIAL BY TBS COURT 209 Trial by court nature and incidents of
698
TRIAL OB HEARING Bv REFEREES 210 General characteristics
701
Provisions of Code powers of referees
703
Course of hearing
707
Report c
712
Interlocutory or consequential reportsconfirmation of
717
MOTION FOR NEW TRIALPROCEEDINGS BETWEEN TRIAL AND JUDG MENT 215 Course of unsuccessful party in relation to review
719
Stay of proceedings
721
Motion on judgesminutes
724
Motion upon a case as to facts
725
Motions upon exceptions as to law
727
Preparation and settlement of case or exceptions
730
Hearing of case when settled
736
Separation of exceptions when requisite
740
Resettlement of exceptions by express order
742
Result of decision on case or exceptions
743
Law as to granting a new trial
744
Motions not grounded on case or exceptions
750
General remarks
752
227 Minutes of judgmentamendments c
753
Special verdict verdict subject to opinion of court tc
754
Other proceedings
757

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