Decennial Edition of the American Digest, Volume 8

Front Cover
West Publishing Company, 1909 - Law reports, digests, etc
 

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Contents

Recognition of right by adverse party 84 Application of doctrine in general
106
Rights of public
107
Effect of possession of real property involved 87 Following statute of limitations f 87 1 In general f 87 2 Delay short of statutory period f 87 3 Loss ...
108
Waiver of objections
111
Parties and Process 89 Parties in general 90 Necessity and effect of interest 91 Nature and extent of interest
112
Persons joined for purpose of discovery 93 Necessary or indispensable parties
114
Persons legally represented 96 Grounds for omitting or dispensing with parties 97 One or more suing or defending on behalf of all 98 Proper parties
115
Interest in controversy separable 100 Interest in subjectmatter without interest in con troversy
116
Dispensing with parties 102 Complainants 103 In general 104 Real party in interest
117
Joinder
118
Pleading
125
B Plea Answer and DisclaimerContinued 159 Grounds in general
153
To the jurisdiction 161 To the person 162 To the bill 163 In bar of relief 164 In bar of discovery 165 Time for filing 166 Form and requisites
154
Sufficiency 168 Scope and extent 169 Answer in support of plea 170 Plea overruled by answer 171 Abandonment or withdrawal 172 Admissions b...
155
Setting down plea for hearing 174 Reference to master 175 Hearing and determination
156
Operation and effect of decision 177 Answer 178 Nature and office 179 Necessity 180 Defenses in general 181 Time for filing
157
Form and requisites 183 Plea standing as answer 184 Sufficiency as defense in general
158
Scope and extent 186 Denials and admissions
159
Allegations of new matter 188 Necessity for discovery 189 Sufficiency of discovery in general 190 Responsiveness
160
Defendants
161
E Demurrer Exceptions and Motions 214 Mode of making objections to pleading 215 Demurrer and plea or answer to same bill
169
Nature and office of demurrer 217 Necessity of demurrer 218 Grounds for demurrer to bill 219 In general 220 Objections to jurisdiction 221 Obj...
170
Objections to form or frame of bill 223 Objections to substance of bill
172
Objections to discovery 225 Right to demur 226 Joint demurrers 227 Time for filing demurrer 228 Form and requisites of demurrer 229 Demurr...
173
Sufficiency of demurrer 231 Scope and extent of demurrer in general 232 Demurrer to bill good in part 233 General demurrer
174
Special demurrer
175
Speaking demurrer 236 Demurrer ore tenus 237 Demurrer overruled by plea or answer 238 Abandonment or withdrawal of demurrer 239 Admiss...
177
Hearyig and determination on demurrer 242 Operation and effect of decision on demurrer 243 Overruling demurrer 244 Answer after demurrer o...
180
Amendment after demurrer sustained
181
Failure to demur 249 Nature and office of exceptions 250 Necessity of exceptions
182
Grounds for exceptions to answer 252 Insufficiency 253 Impertinence or scandal 254 Time for filing exceptions 255 Form and requisites of excep...
183
Operation and effect of decision on exceptions 259 Further answer after exceptions sustained 2G0 Failure to except 261 Motions relating to pleadin...
184
Striking out part of pleading
185
F Amended and Supplemental Pleadings and Revivor 265 Right to amend pleadings in general 266 Amendment as of course 267 Discretion of cou...
186
Amendment of bill
187
Condition of cause 272 Matter arising after filing of bill 273 Matter making new case
189
As to relief prayed
191
Operation and effect in general 276 Plea or answer to amended bill 277 Demurrer to amended bill
192
Amendment of plea or answer 279 In general 280 Sworn plea or answer 281 Condition of cause 282 Matter arising after pleading 283 Matter ma...
193
Failure to answer
194
C CrossBill and Plea and Answer Thereto 195 Nature and office of crossbill
195
Necessity for crossbill
196
Right to file crossbill
197
Leave or direction of court to file crossbill
198
Jurisdiction of subjectmatter
199
Time for filing crossbill
200
Form and requisites of crossbill
201
Sufficiency of crossbill
202
Answer as crossbill
203
Parties and process
204
Plea
205
Answer
206
D Replication 207 Nature and office
207
Answer as evidence 339 In general
208
Responsiveness
209
Directness and positiveness
210
Answer not under oath 343 Waiver of answer under oath 344 For or against codefendant
212
Evidence to overcome answer 346 Presumptions and burden of proof 347 Admissibility 348 Weight and sufficiency
215
Taking and Filing Proofs 349 Taking in general
216
Time for taking 351 Examination of witnesses 352 In general
217
Crossexamination and reexamination 354 Privilege of witness 3541 Production of documents
218
Depositions 356 Filing proofs 357 Publication 358 Objections to evidence VII Dismissal Before Hearing
219
Proceedings for award and framing of issues 380 Proceedings at triaL 381 Verdict and findings
232
New trial
233
Direction of action at law 384 Conduct of hearing in general 385 Reception of evidence
234
Arguments of counsel and briefs 387 Submission of cause 388 Dismissal at final hearing
235
Decision 390 Objections and exceptions
237
Waiver and correction of irregularities and errors 392 Rehearing
238
Masters and Commissioners and Proceedings Before Them 393 Appointment qualification and tenure
241
Compensation and fees
242
Powers and functions in general 396 Liabilities for official acts 397 Liabilities for misconduct or negligence 398 Liabilities on official bond 399 P...
244
Discretion as to reference 401 Questions and matters proper for reference 402 Application for reference and proceedings thereon 403 Order of refe...
245
Evidence on reference
246
Hearing I 4051 In general
247
2 Reopening case 406 Report
248
Form and sufficiency in general 408 Return of evidence
250
Operation and effect
251
Objections and exceptions to report and hearing thereof S 410 1 Necessity of objection and exception i 4102 Time for objecting and excepting
254
3 Right to except and waiver thereof
255
4 Form and sufficiency of exceptions
256
5 Grounds 5 410 ffi Purpose and scope of exceptions
258
7 Hearing
259
Disposition of report in general
260
Recommittal
261
Confirmation of report 414 Setting aside report X Decree and Enforcement Thereof 415 Nature and essentials in general
263
Decree on consent
264
Decree pro confesso 418 Requisites and validity
266
Bill of Review
287
In general
292
Demurrer
301
Further or additional answer
302
303 Bill of revivor
303
Nature and office
304
Grounds
305
Form and sufficiency
306
Construction and operation
307
Plea and answer
308
Demurrer
309
G Signature Verification Filing and Service 310 Signature of party
310
Signature and certificate of counsel
311
Necessity of verification
312
Of bill
313
Of plea
314
Of answer in general
315
Waiver by bill of answer under oath
316
Of replication
317
Of amended pleadings
318
Sufficiency of verification
319
Affidavit and certificate accompanying plea or demurrer
320
Filing and notice thereof
321
Necessity
334
Joinder
339
Hearing of causes together
370
Making party complainant or defendant 110 In general
378
Party refusing to join as complainant 112 Change of position
381
Service 323 Withdrawal of pleadings
407
In general
535
Right to reply 210 Time for filing
568
Parties to original suit as parties to ancillary suit 114 Intervention
819
Bringing in new parties 116 Substitution
921
Form and requisites 212 Sufficiency
1528
For later cases In Am Digest 1907A and continuations see same topic and section NUMBER
1533
Sworn bill
1729

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