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Books Books 1 - 10 of 89 on Any party shall be entitled to raise by his pleading any point of law, and any point....
" Any party shall be entitled to raise by his pleading any point of law, and any point so raised shall be disposed of by the judge •who tries the cause at or after the trial, provided that by consent of the parties, or by order of the Court or a judge... "
Courts and Procedure in England and in New Jersey - Page 112
by Charles Hopkins Hartshorne - 1905 - 233 pages
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A Concise Treatise on the Practice and Procedure in Chancery Actions Under ...

Sydney Peel - Equity pleading and procedure - 1883 - 264 pages
...trial, or the point of law may be set down for hearing and disposed of at any time before the trial by consent of the parties, or by order of the Court or Judge, on the application of any of the parties (a). Where the decision of the point of law substantially...
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Hints on Practice; Or, Practical Notes on the Judicature Acts, Orders, Rules ...

Augustine Robert Whiteway - Civil procedure - 1883 - 786 pages
...here introduced, see p. 152, et seq. *2. Any party shall be entitled to raise by his pleading Point of any point of law, and any point so raised shall be disposed law may be of by the judge who tries the cause at or after the trial, ra'se(lprovided that by consent...
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Nova Scotia Judicature Act, 1884: With Rules and Forms

Nova Scotia - Court rules - 1884 - 400 pages
...DEMURRER. 1. No demurrer shall be allowed. [E. 285.] 2. Any party shall be entitled to raise by his __ any point of law, and any point so raised shall be...consent of the parties, or by order of the Court or a Judge, on the application of either party, the same may be set down for hearing and disposed of at...
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A Digest of the Questions Asked at the Final Examination of Articled Clerks ...

Richard Hallilay - Catalogs, Publishers' - 1884 - 635 pages
...of demurrer ? A.—No demurrer is now to be allowed ; but either party may raise by his pleading (a) any point of law, and any point so raised shall be...trial, provided that by consent of the parties or order of the court the same may be set down for hearing and disposed of at any time before the trial:...
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Roscoe's Digest of the Law of Evidence on the Trial of Actions ..., Volumes 1-2

Henry Roscoe - Evidence (Law) - 1884
...hereafter be introduced by amendment of the statement of claim or by way of reply." O. xxv., r. 2. "Any party shall be entitled to raise by his pleading...disposed of by the judge who tries the cause, at or alter the trial." As to arguments on points of law, vide ante, pp. 266, 267. O. xxvii., r. 13. " If...
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A Selection of Precedents of Pleading Under the Judicature Acts in the Queen ...

John Cunningham (barrister-at-law.), Sir Miles Walker Mattinson - Actions and defenses - 1884 - 731 pages
...describes the proceedings in lien of demurrer. Ride 1 forbids demurrers for the future, and, by rule '2, " Any party shall be entitled to raise, by his pleading, any point of law," and the saine may either be disposed of by the Judge at the trial, or by consent of the parties, or by...
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The Law of Estoppel

Lancelot Feilding Everest, Edmund Strode - Estoppel - 1884 - 499 pages
...an estoppel being raised by demurrer (c). But now by the new rules (d) demurrers are abolished, and any party shall be entitled to raise by his pleading any point of law (c). And the defendant or plaintiff (as the case may (a) Beckett v. Bradley, 14 L. .1. A. <fc E. 792;...
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A Treatise on the Law of Costs in an Action for the Queen's Bench Division ...

William Edward Gordon - Costs (Law) - 1884 - 369 pages
...by his pleadlaw"rai!sed "lnú an^ pomt 0f law, an^ anv point so raised shall be disposed on plead- of by the judge who tries the cause at or after the trial, proing, maybe vided that by consent of the parties, or by order of the Court, by order at or a Juc'&e,...
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The Pacific Reporter, Volume 186

Law reports, digests, etc - 1920
...similar statute is found in South Dakota, with the further provision that the time may be extended by consent of the parties or by order of the court or Judge. This was likewise held to be directory. Perkins v. Roberts County, 27 SD 281, 130 N. \V. 443, 34 LRA...
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A Concise View of the Proceedings in an Action in the Chancery Division of ...

Richard Hallilay - Equity pleading and procedure - 1884 - 316 pages
...by the parties to the action in a special case. 1. BY PLEADING IN LIEU OF DEMURRER. Any party is to be entitled to raise by his pleading any point of law, and the point so raised is to be disposed of by the judge who tries the cause at or after the trial; but...
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