A Treatise on the Law of Pleading and Practice: Under the Procedural Codes Adopted to Use in Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming ...

Front Cover
Bender-Moss Company, 1919 - Civil procedure - 2014 pages
0 Reviews
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

JURISDICTIONIN GENERAL
39
Essentials of jurisdiction
46
Presumption as to jurisdictionRebuttal
53
Exclusive jurisdiction
65
Judicial authorityIn general
73
Jurisdiction by consent of parties
82
JurisdictionIn general
111
Justices CourtsEstablishment of 112
127
Priority of jurisdictionState and federal courts 117
136
CitationDefinition and nature 121
142
Contents of summons1 Names of parties to the action etc 129
145
Alias and pluris summonses 126
148
Amending summons 143
172
In North Dakota 770
174
In general 144
178
Duly served meaning of 149
184
Kentucky
193
_ Conditions precedent to relief 161
200
Loss of right 163
205
Domestic corporation 167
211
In Oklahoma 771
212
Municipal corporation 173
220
Mode of Service of Process and Sufficiency Thereof
227
Constructive or substituted serviceIn general
233
In Oregon 772
235
S Time and Place of Service of Summons
262
Service Procured by Fraud
268
Persons who may object 220
277
Proceedings to determineWho may appear
281
Time when objection to be taken 225
283
Amendment of defectsIn process 230
292
Waiver of defects and objections 239
315
Time of acceptance 245
323
CHAPTER XIII
332
As to kinds of appearanceIn general 257
343
Appearance by partyIn general 267
353
Appearance by agent attorneyinfact etc 275
364
NOTICE OF LIS PENDENS
376
Actual noticeEffect of 297
382
Actions to which applicableIn general 303
389
Diligence in prosecution necessary 314
396
In any county when 319
402
Countermotion to retain cause
406
Joinder of real and personal actions 333
418
Actions for tortIn general 338
425
Actions by and against persons in representative capacityIn general 343
432
Ancillary and incidental actions 351
439
As to rights of defendantsIn general 363
454
Joinder of real and personal actions 368
464
Nonresident and absconding defendantsIn general 381
478
From what court 445
574
Amount in controversy as affecting removal 455
589
Remand of causeIn general 475
620
Costa on remand 482
627
Condition precedent to actionIn general 487
633
Acts and omissions constituting cause of actionIn general 496
650
Frivolous and collusive actions 520
679
Actions ex contractu and ex delicto 525
686
As to nature of theory of the ease 529
693
Counsels theory of the caseIn general 531
699
CHAPTER IV
713
Concurrent remediesDefinition origin nature 539
722
Time when election to be madeNotice of election 543
728
Adopting allegations by reference
730
Application of doctrine of electionIn general 547
734
Distinctness and positiveness
736
Language usedAbbreviations bad grammar clerical errors etc
742
In general
751
In Washington
775
PART III
779
CHAPTER IL
786
Who is real par7 in interest 586
793
Joinder of plaintiffsIn general 591
799
Holders of title under common sonrce 597
808
In general
812
Persons authorized by statute 602
814
SheriffAction by 607
821
In general
826
Splitting causes of action or demandsIn general
836
Injuries to the person 621
837
In action of debtIn general SiJ
841
Injuries to minor child or servantAction by parent or master 625
843
CHAPTER V
855
Alleging concurrent actsIn general
857
In actions for injuries resulting from negligenceIn general
864
Annulling patent to land 642
867
Necessity for and grounds of 648
873
As to time when demurrer to be filedIn general
876
Ejectment 655
880
Fictitious parties defendant 658
887
Injury to property caused by negligent or wrongful act 665
894
Bights and liabilities of interveners 671
901
Minors or infants insane and incompetent persons 679
910
Mortgage and mechanics lien foreclosure 682
916
Nonjoinder of defendantsIn actions at law 683
922
Persons severally bound on same obligation or instrument 686
928
Quo warrantoParties plaintiff and defendant 689
939
Tenants in common 700
948
Copyright

Other editions - View all

Common terms and phrases

Popular passages

Page 437 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Page 890 - A father, or in case of his death or desertion of his family, the mother, may maintain an action for the injury or death of a minor child, and a guardian for the injury or death or his ward, when such injury or death is caused by the wrongful
Page 926 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any •of them be included in the same action, at the option of the plaintiff...
Page 941 - ... notice to such person, and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party on his depositing in court...
Page 582 - When any civil suit or criminal prosecution is commenced in any State court, for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribunals of the State, or in the part of the State where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States...
Page 631 - Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought, or affecting the property to which the action relates...
Page 357 - A defendant appears in an action when he answers, demurs, or gives the plaintiff written notice of his appearance, or when an attorney gives notice of appearance for him. After appearance, a defendant or his attorney is entitled to notice of all subsequent ' proceedings of which notice is required to be given. But where a defendant has not appeared, service of notice or papers need not be made upon him unless he is imprisoned for want of bail.
Page 128 - Peace to be elected in townships, incorporated cities and towns, or cities and counties, and shall fix by law the powers, duties, and responsibilities of Justices of the Peace; provided, such powers shall not in any case trench upon the jurisdiction of the several Courts of record...
Page 240 - ... a cause of action exists against the defendant in respect to whom the service is to be made...
Page 436 - ... committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed. "2. Against a public officer, or person especially appointed to execute his duties, for an act done by him in virtue of his office; or against a person who, by his command or in his aid, does anything touching the duties of such officer.

Bibliographic information