The New Jersey Practice Act of 1903: As Supplemented and Superseded by the Practice Act of 1912, and Practice Forms, with Supreme Court Rules Relating to Practice, and Complete Notes of Decisions Annotated Through and Including Pamphlet Laws 1916 and 97 Atlantic Reporter and 87 New Jersey Law Reports

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Soney & Sage, 1916 - Civil procedure - 628 pages
 

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Contents

Women may be attorneys
11
Title of actions unchanged on appeal 14 Names of state not to be made part of title 15 Docket and index on appeal
12
HOW TO PROSECUTE AND DEFEND 16 Who may sue or defend
13
Litigants must prosecute etc personally or by licensed attorney exceptiou of infants 18 Guardian etc of infant may sue and defend action not to be st...
14
PARTIES 1 IX GENERAL
15
Choses in action arising on contract assignable suits by assignees setoffs assignments oi sealed instruments
19
Suits by assignee where assignor is dead Defenses
20
Actions by husband and wife for injuries abatement
21
Action not abated by marriage
22
When married women mav sue or be sued without jointure of husband Repealed 1912 p 384
23
23b Action in tort may be prosecuted separately by married woman 24 Executors or administrators considered as one judgment and execution
25
Qualified executors to act 20 Substitution of assignee or trustee 27 Parties to written instruments initials contraction of name how designated
26
Third person may sue on contract for his benefit
27
Actions on bills and notes Repealed 1912 p 384
29
Verdict on setoff etc Repealed 33 Judgment may pass against any party to bill or note Re pealed 34 Application by party sued jointly for relief to whi...
30
Suits against unineoiporated organizations by recognized
33
No action shall be defeated by nonjoinder Repealed
36
Objection to joinder Repealed
37
Amendments of writs and declaration Repealed
38
Immaterial omissions amendment
39
52b Sheriff may amend return
45
Capias ad respondendum affidavit to support bail
47
Arrest of one of several defendants form of process
54
Declaration by the bye not allowed process against
61
EXCEPTIONS AND JUSTIFICATION 74 Justification of bail
65
approval 76 Amercement of bail in cane of failure to appear on ex ceptions or to produce defendant
67
exoneretur entered
68
PROCEEDINGS AGAINST 79 Plaintiff may proceed against bail 80 Stay when writ of error brought
69
Judgment paid by bail not satisfaction execution for benefit of bail 6 DEPOSIT IN LIEU OF BAIL 82 Deposit in lieu of bail repayment of deposit
70
BAIL BY SURETY COMPANY 83 Bail by surety companies in civil actions
71
When an action may be commenced by attachment
72
Record book of recognizance kept by clerk of court
73
Proceedings on writ same as in cases on nonresident debtors
74
Attachment against unknown heirs 88 Attachments against separate and joint estates
75
Issuance of writ beginning of action no summons neces sary pleading and procedure 90 Property as security special execution sale action by Sheriff
76
Special execution where resident defendant does not ap pear general judgment against nonresident who appears
77
Release of property by giving bond
78
Waiver of right to take advantage of failure to plead
81
Frivolous pleas stricken out Repealed
87
GENERAL PROVISIONS 113 Records kept together notice taken of pleadings filed 114 Express color and special traverse not necessary issue joined...
88
Superfluous counts consolidation of actions
89
Right to plead all defenses cost to follow judgment on that issue 117 Dilatory pleas Repealed
90
Performance of condition precedent may be averred gen erally specific pleading by opposite party
91
Copy of writing annexed cures defects in pleading same Repealed 120 Pleading usurv or illegality 121 Pleas puis darrein continuance Repealed
94
Setoff considered cross action Repealed 11 AMENDMENT AND VARIANCE 123 Amendment of course before answer etc 124 Amendment after an...
95
Amendments to avoid variance
96
Amendment of defects as to form
97
DEMURRERS 127 Special demurrers Repealed
102
Joinder in demurrer Repealed 129 Issue of law first determined 130 Notice of argument of demurrer Repealed 131 Form of demurrer Repealed
103
Amendment of pleadings demurrer to Repealed X JUDGMENT BY DEFAULT AND ASSESSMENT OF DAMAGES 133 Default judgment entered i...
104
Grant of further time to plead on filing affidavits of merits 135 Opening or setting aside default judgment terms
105
defendant must file affidavit 138 Notice of writs of inquiry
109
Final judgment entry
110
Testimony taken at examination reduced to writing etc
116
Reference of ac counts by Supreme Court justice postea
126
Taking papers in evidence by jury jurors as witnesses 159 General verdict not compelled but may be received
127
Delivery of verdict
128
Verdict on declaration containing good and bad counts
129
Writs of inquiry in detinue 163 Motion for new trial to precede motion in arrest of judg ment
130
Consolidation of actions apportionment of costs
131
Special verdicts 166 Preliminary hearing as to fraud in contract to determine whether defendant shall be held to bail
132
JUDGMENT
133
Inspection of judgment and process not necessary judg ment roll need not be made
134
Book of abstracts of judgment contents 169 Transcript of record of judgment as evidence cancella tion of record 170 Becord of judgment in full rem...
136
Judgments signed by judge or clerk 172 Index to judgments fees
137
Minutes as evidence XIV EXECUTION M
138
Execution on judgment no execution against executor etc except in ease of false pleading
139
Indorsements
140
Beturn in term time or vacation 177 Judgments in Supreme Court stay
141
Division of money in controversy between execution cred itors 179 Property of principal to be exhausted before execution against surety
142
Stay of execution on judgment in action on judgment pending writ of error 181 Time for issuance of execution 182 Execution by survivors in case o...
143
Costs in trespass actions involving title 232 Costs on removal of action by habeas corpus
189
Costs in personal actions in Circuit Court 234 Costs in cases in Circuit Court cognizable before small cause court 235 Recovery reduced by failure of ...
190
Costs in actions of tort cognizable in justices court 237 One bill of costs in suits on same paper 238 Costs on scire facias
191
Costs in assaults libel etc 240 One of several defendants may have costs
192
Costs on demurrer Repealed 242 Costs for or against State
193
Taxing costs 244 Retaxation expense
194
POWER OF THE COURT OR A JUDGE 246 Protection of property pending suit contempt
196
Orders etc of judge in vacation or term time 248 Motions to set aside judgment etc when made 249 Rule to show cause against setting aside fraudule...
197
Rule in vacation to show cause why mandamus or quo warranto should not issue grant in vacation 251 Hearing argument in Supreme Court at cham...
198
Reference of motion to Supreme Court 253 Rules for expediting business 2 54 Powers of court to make rules regulating pleadings etc Circuit Court r...
199
CONSTRUCTION 255 Application of singular number and masculine gender term lands construed
200
Act concerning small causes not affected except in certain cases
201
Return of writs in municipal cases review of cause hear ing appeals time to take appeal in municipal cases
202
Short title and construction 261 Definitions 262 Single form of action
204
Parties 264 Parties when plaintiff made defendant 265 Parties who made defendant
205
Affidavits of security exceptions to sureties
206
Nonjoinder misjoinder 270 Saving clause changes made by court not to impair 271 Joinder of causes of action causes may be joined 272 Counterclai...
207
Failure of consideration
208
Default in pleading 275 Summary judgment defense must be sincere 276 Summary judgment if answer struck out 277 Preliminary reference
209
Admissions of certain facts 279 Reserving questions of law submitting case in alterna tive 280 Judgment execution
210
Forms of judgment
211
new cause alleged 285 Bills of exception and writs of error abolished appeals may be taken error in final judgment
212
Appeals effect of 287 Reversal or new trial on merits
214
Additional evidence on appeal new evidence admissible
215
Practice in the Court of Errors 290 Costs
216
Actions pending when this act takes effect proviso 294 Repealer SCHEDULE
217
Orders by a judge
218
Extending time when 298 Forms 299 Rules may be suspended when II JOINDER OF PARTIES AND CAUSES OF ACTION 300 Personal representa...
219
Persons severally liable 302 Parties in alternative
220
When assignor and assignee may join 304 Assignment pending suit 305 Costs of defendant protection of defendant 306 Separate trials
221
Transactions explained 308 Joinder of causes of action
222
Objection for misjoinder waiver 309a Several causes of action answer thereto judgment execution III PLEADINGS 1 PLEADINGS GENERALLY 31...
223
plain statement
224
Rills of particulars
225
Untrue statements 314 Statements not denied are admitted 315 Pleading according to legal effect adverse partv apprised of state of facts
227
Joinder of issue denial a joinder
228
Objections to pleadings objections made on motion
229
Objections to pleadings 323 Motions grounds of motion specified 324 Matters arising after suit begun supplemental pleadings 325 Oyer copies of do...
230
Evasive denials not permitted 327 Certainty plain statements
231
counts numbered 331 Alternative relief
232
THE ANSWER 332 Dilatory plea certain pleas abolished objection on mo tion 33 3 Several defenses defenses separately stated
233
General and special denial
234
Tender payment into court effect of tender of money 336 Payment into court by defendant an admission 337 Payment into court acceptance by plain...
235
Payment into court jury not informed 4 COUNTERCLAIM 340 Counterclaim 341 Cross action 342 Amount of recovery judgment for excess
236
Counterclaim copy to codefendant 5 reply 344 Reply 6 ACTIONS TO RECOVER PERSONALTY 345 Special property facts showing to be pleaded...
237
Complaint annexed to summons 349 Answer filed time 350 Affidavits of merits action on contract proviso
238
Answer may be struck out and judgment final entered 352 Motion made on affidavit
239
Partial judgment 354 Terms of defense 355 No summary judgment entered without order of judge
240
PRELIMINARY REFERENCES 356 Supreme Court Commissioners 357 Summons how served time 358 Order by commissioner upon return of sum...
241
Two days notice motions 360 Plaintiff when nonprossed
242
DISCOVERY OF DOCUMENTS AND ADMISSION OF EXECUTION OF PAPERS 361 Production of books etc 362 Admissions made five days aft...
243
Assessment of damages on book account original book produced affidavit 366 Assessment of damages on negotiable instrument instru ment produce...
244
Assessment of damages writ of inquiry 368 Assessment before justice and by jury postea entry of final judgment writs of inquiry when returnable
245
Plaintiff and defendant to open case 370 Answers to written questions in rule to show cause state ment of case filed
246
Preparation of statement 372 Trial bv referee force of award as verdict 373 Account reference to referee confirmation on notice 374 Cause referred e...
247
Precedence of causes on trial and argument at bar and circuit 376 Plaintiff fail to move causenonsuited review oi order
248
Clerk at circuit to list causes correction of list listing by opposite party 378 Jury trials counsel limited to one hour proviso
249
One counsel shall examine or crossexamine witness IX NEW TRIAL AS TO PART 380 Questions on new trial
250
New trial as to damages onlv 382 Rules 131 and 132 Sees 380 381 applicable to appeals when 383 New trial when jury disregards binding instructio...
251
Application for rule to show cause ex parte made within six days after verdict failure to make in time bar exception 386 Motion for new trial time to ...
252
Rule to show cause reasons served time argument on 388 Rule to show cause state of case on service of objection to case settlement of case by judge
253
On motion for rule to show cause one counsel a side can be heard 390 Judgment on rule entered nunc pro tunc time X FINDINGS OF FACT BY CO...
254
staying execution
255
APPEALS 395 Time of notice taking appeals
256
No severance all parties served notice 397 Grounds of appeal 398 Cross appeals
257
Annexing copies of documents
317
Inconsistent count? and defense
318
Objectionable pleading
319
Plea in abatement Repealed
585
Allowance to referee
619
Copyright

Common terms and phrases

Popular passages

Page 200 - Parties as well as One Person or Party, and Females as well as Males, and Bodies Corporate as well as Individuals, and several Matters and Things as well as One Matter or Thing, unless it otherwise be provided, or there be something in the Subject or Context repugnant to such Construction.
Page 97 - ... whether the defect or error be that of the party applying to amend or not; and all such amendments may be made with or without costs, and upon such terms as to the...
Page 205 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...
Page 201 - ... shall be the constables of the county, which service and execution shall be made in the same manner and...
Page 173 - ... for a rule to show cause why a new trial should not be granted...
Page 211 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 114 - ... a memorandum of the items of his costs and necessary disbursements in the action or proceeding, which memorandum must be verified by the oath of the party, or his attorney or agent, or by the clerk of his attorney...
Page 221 - ... against him ; but the court or a judge may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.
Page 113 - The Court before which an action is pending, or a Judge or Justice thereof, may, in their discretion, and upon due notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any books, papers and documents in his possession or under his control, containing evidence relating to the merits of the action or the defense therein.
Page 199 - Orders for the effectual Execution of this Act, and of the Intention and Object hereof and for fixing the Costs to be allowed...

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