The New Jersey Practice Act: And the Centiorari, Quo Warranto and Mandamus Acts (revisions of 1903) : with Complete Notes of Decisions, History of the Sources of the Various Sections, and Schedules Showing where Old Sections are to be Found in the New Acts

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Soney & Sage, 1903 - Certiorari - 174 pages
 

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Contents


Action by husband and wife 22 Action not to abate by marriage
9
When married woman living separate from husband may sue 24 Executors or administrators considered as one person 25 Qualified executors may su...
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Initial letters Contraction of name 28 Rights of person for whose benefit contract is made 20 Actions on bills or notes Parties
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Form of declaration on bills or notes 31 Judgment may be for or against one or more defendants Setoff
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Verdict on setoff 33 Judgment may pass against any party to a bill or note
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Proceedings on execution 36 Notice of objection for non joinder or misjoinder must be given
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Notice of joinder of too many defendants
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Plaintiff may amend writ and declaration on plea in abatement of nonjoinder
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Proceedings and costs on such plea in abatement 40 Suits against unincorporated organizations
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Execution How issued and served 42 Personal liability of members 43 When name of defendant is unknown How designated
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When taxpayer may prosecute action 45 When taxpayer may intervene n action V Process
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When courts open for return of process and service of writs 47 Date of process Indorsements
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Omissions in writ or indorsement will not make writ void 40 Process into different counties 50 Sheriff shall make return of process or be amerced Ret...
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Record of return made to process 52 Summons how served
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When new summons may be issued and served 54 Capias how executed 55 Scire facias how served
24
Capias ad respondendum when issued in action upon tort
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Capias ad respondendum when issued in action upon contract
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Arrest of one of several defendants Form of process 50 Pleadings practice and proceedings on such process Form and effect of execution 60 Proceed...
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Determination of legality of order for bail Fffcct of order Setting aside 62 Order for taking testimony concerning truths of proofs Dis charge of defe...
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Reduction of bail Effect
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Females not liable to arrest VII Bail 65 Supreme court commissioners 66 Rail to sheriff abolished
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Party sued may apply for relief Bights and responsibilities
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Who may and who may not be bail 71 Defendant produced to give bail Form of discharge
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Recognizance when and where to be filed Bail piece 73 Clerk to keep book for recording abstracts of recognizances
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Justification of bail
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The defendant may render himself or be rendered in discharge of his bail
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The court or a judge shall make a minute of render and commit ment Exoneretur to be entered 70 When plaintiff may proceed against bill 80 The co...
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Payment of judgment by bail is not a satisfaction Execution for benefit of bail 82 Defendant may make deposit in lieu of bail
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Hail by surety companies VIII Attachment 84 When an action may be commenced by attachment
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85 Upon proof being made writ shall be awarded Pond to the de fendant Amount for which attachment shall issue 86 When writ shall issue Practice a...
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Designation of unknown heirs or devisees 88 Attachments against separate and joint estate of joint debtors Fraud by one of several joint debtors 89 Is...
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Property attached remains as security for any judgment which the plaintiff may recover Execution and sale of property Pro cedure in ease property at...
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Property attached may be released upon the defendant giving bond to the plaintiff IX Pleading 9 3 Declaration when to be filed
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Plea when to be filed
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Declaration may be served with process When defendant is in court plaintiff may file his declaration and serve a copy on the defendant Fees of officer
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How copy of declaration shall be served Costs of the plaintiff 97 Affidavit of merits In action on contract when defendant is served personally
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Further pleadings when filed 99 If pleading filed out of time rule to plead thereto required 100 Advantage of failure to file pleading to be taken at ne...
50
Bill of particulars to be annexed to declaration or furnished on demand
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Fees for schedule and recording 104 Specification of defenses under plea of general issue Notice of special matter
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Failure of consideration Recoupment
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lOi Pleading in libel and slander 107 Actions upon bonds with a condition Assignment of breaches
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Action by township upon collectors bond 109 Right by virtue of a private way 110 Striking out irregular or defective pleading
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Striking out frivolous plea or demurrer or sham plea
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Failure of attorney to file proper pleading
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Pleadings and papers how filed Parties must take notice of the filing of pleadings 114 Express color Issue when joined 115 Striking out superfluous c...
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Either party may plead several matters
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Dilatory plea how verified 118 Averment of performance of conditions precedent
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Copy of writing annexed to pleading or notice cures defect in setting it out 120 Usury or illegality of contract under a foreign statute must be pleaded...
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Pleas puis darrein continuance 122 Notice of setoff considered crossaction 123 Pleadings may be amended of course 124 Amendment after pleading ...
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Amendment on variance 126 Court may amend defects in pleading
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Special demurrers abolished 128 Joinder in demurrer abolished 129 Issue of law to be first determined 130 Notice of argument of demurrer
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Form of demurrer 132 Pleadings demurred to may be amended X Judgment by Default and Assessment of Damages 133 Judgment may be entered i...
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When judge may grant further time to plead 135 When judgment by default may be set aside or opened to let the defendant in to plea
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Assessment of damages on judgment by default 137 Rule for writ of inquiry When plaintiff may enter When de fendant may enter
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Notice of writ of inquiry and of countermand Costs 139 When damages assessed by writ of inquiry final judgment entered only on order XI Discove...
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Demand for admission in writing of the execution of any docu ment 142 Inspection and copy of books papers or documents
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Application shall be in writing and be verified
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Party to an action may be examined as witness by adverse party 145 Attendance of resident and nonresident party 146 Manner of conducting examin...
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Fees of party examined and commissioner 148 Fees and costs how paid and taxed XII Trial 149 Notice of trial
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Notice of trial by defendant 151 Notice of trial to whom given Duty of sheriff or jailor Short notice of trial
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Countermand of notice of trial 153 Notice of trial when filed Duty of clerk
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Execution 174 Execution Against whom to issue
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Indorsements on execution 176 Execution when returnable 177 Execution on judgments in supreme court Court may direct under which execution s...
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Court may make order for payment of money into court in case of dispute between execution creditors 179 In actions against principal and surety co...
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several parties
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Substituted administrator may have execution 185 Assignee may have execution 186 When execution may be sued out against real and personal estat...
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If one or more of several parties defendant die execution may issue but shall be operative against survivors only 188 Sheriff or other officer shall ret...
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Notice of special motion in matters of practice
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Notice of motion to strike out pleadings 192 Fee on filing notice of trial 193 Notice how served
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Court may require publication either in or out of this state
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testimony how taken 198 Actions may be removed to supreme court if sum exceed 200
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On return of habeas corpus plaintiff shall be deemed in court
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Action shall be removed but once 201 Local action where to be tried
100
Transitory action where to be tried
101
Justice in vacation may grant rule to show cause why venu should not be changed 204 Nonresident plaintiff to give security for cost if required or m...
103
On demand for costs proceedings stayed
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Sureties may justify or be approved by judge 207 Transcript of pleadings to be sent to the circuit
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Supreme court issue may by consent be tried in the circuit court or court of common pleas 209 Transcript with the verdict and other proceedings had...
106
Judgment on postea may by order of judge be entered forthwith 211 Bills of exceptions shall be settled and sealed by justice or judge
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How bills of exceptions settled in case of death of judge 213 What bill of exceptions to contain
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Rule to show cause a waiver of bills of exceptions except on points reserved
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Circuit court may certify questions of doubt or difficulty to supreme court
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Clerk to file certificate and enter rule setting cause down for argument 217 Error may be assigned on certified opinion 218 Damages and penalties ho...
112
Defendant may plead general issue
113
Recovery by covin no bar when prosecutor liable for proportion of penalty 222 When informer to pay costs 223 Preceding sections not to apply to c...
114
When judge shall not sit in judgment upon the trial or argument of a cause
115
Challenges to a judge when made and how tried 226 Judge not to act as clerk 227 Poor persons to have process gratis and counsel to be assigned
116
appointment powers XVI Costs 229 Party recovering shall have judgment for his costs Costs on arrest of judgment
117
When costs recoverable in supreme court
119
Costs in supreme court when title to lands come in question
120
Costs on removal by habeas corpus 233 Costs in the circuit court 234 Costs if cause of action is cognizable before the small cause or district court
121
Costs where amount recovered is reduced by defense of failure of consideration or recoupment
122
Costs on scire facias 239 Costs in actions for assault etc or for slander or libel 240 Costs in actions in tort replevin or ejectment
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Costs on demurrer 242 State to recover but not pay costs 243 Costs how taxed
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Costs how retaxed expense
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Supreme court and court of errors may make order for payment of cost of printing etc XVII Powers of the Coubt or a Judge 246 Order to protect pr...
126
24il Justice may in vacation grant rule to show cause why fraudulent judgment should not be set aside 250 Jutice may in vacation grant rule to show ...
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Justice or judge may refer application for rule or order to su preme court 253 Rules for expediting business 254 Justices of the supreme court to mak...
128
Construction 256 This act not to affect proceedings in small cause court except as herein provided
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All notices may be given and received and all indorsements may be made by an attorney
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Writ may be allowed in term or vacation
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Writ how allowed
134
Limitation on issuance of writ 4 Rule to show cause and stay 5 Reasons when filed Notice of argument Single justice may hear argument
135
Writ may be allowed to remove indictment Recognizance
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Recognizance to whom delivered and when filed 8 Proceedings on removal of indictment
137
Recognizance required on removal of judgment or order of certain courts
138
Allowance of costs 11 When court to determine questions of fact
139
Proceedings when return is defective in certain cases 13 When court shall determine sum for which property is liable
140
Writ to review sale when applied
141
How information may be exhibited against an intruder into office or franchise 2 Judgment and costs
145
Leave to file in vacation practice and pleadings
146
Proceedings against person unlawfully holding municipal office or franchise 5 Relator to give bond
149
Rule on defendant to plead to be entered and served 7 Appearance of defendant Plea when filed Affidavit Further pleadings
150
Demurrer joinder unnecessary Hearing 9 Two days notice sufficient 10 Court always open for return of writ and motion 11 Upon judgment of ouster...
151
Title of both respondent and relator may be determined by the court 13 Certificate given on recount prima facie evidence of right to office
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MANDAMUS
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Writ how issued and directed Return 2 Proceedings when return is made Damages a
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Court may by special rule prescribe time to plead and make re turn 4 On final judgment writ of error may issue 5 Consolidation of applications for w...
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When writ of error to remove proceedings to court of errors may be prosecuted and practice thereon 7 Illegality of tax or appropriation may be plea...
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Index
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Exceptions to bail 76 If bail fail to appear to be approved or if new or additional bail be not put in and approved the bail may be amerced
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Copyright

Common terms and phrases

Popular passages

Page 129 - 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 84 - Upon any motion, petition, or summons evidence may be given by affidavit; but the Court or a judge may, on the application of either party, order the attendance for cross-examination of the person making any such affidavit.
Page 64 - ... 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 110 - ... for a rule to show cause why a new trial should not be granted...
Page 129 - ... shall be the constables of the county, which service and execution shall be made in the same manner and...
Page 73 - 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 74 - ... 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 75 - A party to an action may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties, and for that purpose may be compelled, in the same manner, and subject to the same rules of examination as any other witness, to testify, either at the trial, or conditionally, or upon commission.
Page 27 - That he has assigned, removed or disposed of, or is about to dispose of, any of his property, with the intent to defraud his creditors; or 4. That the defendant fraudulently contracted the debt or incurred the obligation, respecting which such suit is brought.
Page 128 - 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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