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 ...
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A Treatise on the Law of Pleading and Practice Under the Procedural Codes ...
James M. Kerr
No preview available - 2017
A Treatise on the Law of Pleading and Practice: Under the Procedural Codes ...
James Manford Kerr
No preview available - 2015
affidavit affirmed allegations amendment attorney authority Bank Barb brought California cause of action City Code Civ Code of Civil Code Pleading Colo commenced common law complaint confer Const constitution copy corporation decree default defects demurrer diction District Court doctrine ex rel fact federal filed footnote ground held Idaho Iowa issue joinder judge judgment judicial juris jurisdic jurisdiction justice Kerr's Cyc land lis pendens ment Minn misjoinder Mont N. Y. Supp notice objection Okla party person place of trial plaintiff pleading Proa Proc proceedings provision real property removal rule served service of process sheriff Smith St Rep Stats statute statutory subject-matter sued sufficient suit summons Superior Court Supreme Court Tenn thereof tion Utah venue waive waiver Wash writ
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 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.