Estee's Pleadings, Practice, and Forms: Adapted to Actions and Special Proceedings Under Codes of Civil Procedure, Svazek 3

Přední strana obálky
Bancroft-Whitney Company, 1898
 

Obsah

PROCEEDINGS COLLATERAL AND INCI
75
4402 Forms of notice
83
CHAPTER II
89
ENLARGING TIME TO PLEAD
92
Amendments of course
98
What should be allowed
109
4450g Of demurrer
115
4483
134
4492 Affidavit for substitution by assignee
139
CHAPTER VI
146
SUPPLEMENTAL PLEADINGS
160
EXCEPTIONS
163
4542
166
4557a When allowable
177
CHAPTER IX
195
In general
200
Of law and fact mixed
208
Duties of clerk
214
CHAPTER III
226
CHAPTER IV
244
Challenge to juror
248
Grounds of challenge
249
Challenge how tried
251
Jury to be sworn 4667 Evidence adduced
252
Privileged communications
254
Attorney and client 4600 Husband and wife 4670 Physician 4671 Priest 4672 Public officer
255
Who may be witnesses
256
Practice on evidence
258
4685a Order of proof 4685b Limiting number of witnesses
262
Argument of counsel
264
Instructions to jury
265
Instructions how given
267
4688a Instructions form and sufficiency
268
4688b Instructions misleading and erroneous
271
Instructions refused
273
4689a Refusal of instructions
275
4689c Modification or amendment of 4689d Presumptions
277
4689e Duty of jury to follow 4690 Conduct of the jury
278
4690a Views by 4690b Withdrawal
281
4690c Fees of 4691 Verdict form and character
282
CHAPTER V
297
Compulsory reference
298
4711 Affidavit for order of reference 1134 4712 Order of reference
301
Practice thereon Notes and authorities 4725 Conduct of the trial
306
Findings of referee
307
Report of referee
308
Notes and authorities 4730 Setting aside report of referee
310
In general
315
Error in
318
Exceptions to evidence 4741 Notes and authorities 84746a Exceptions to evidence
319
Exceptions to findings
323
Notes and authorities 4751 Exceptions to instructions 4752 Notes and authorities
324
PART TENTH JUDGMENTS AND DECREES CHAPTER I
327
Final judgment
329
Judgment must follow allegations and proofs
330
Joint and several judgment
331
Entering judgment
332
Judgmentroll 4760 What constitutes
336
4761 Certificate to judgmentroll 4762 Docketing judgment
338
Lien of judgment
339
Effect of judgment lien
340
Notes and authorities 8 4769 Goldcoin judgment
342
Notes and authorities 4773 Dismissal of actionNonsuit
343
4777a Dismissal of action
346
4780a Judgment on nonsuit
348
4782d Nonsuit Review on appeal
352
Judgment by default
353
4806 Affidavit to set aside judgment by default
363
NEW TRIAL IN GENERAL
392
CHAPTER II
401
Notes and authorities 4954 Appealable decrees
486
Nonappealable decrees
487
Appealable orders
488
CERTIORARI
490
Notes and authorities 4974 Nonappealable orders
496
Notes and authorities 4985a Appealable orders
501
4985b Nonappealable orders
503
Time in which to appeal
504
Who may appeal
507
Notes and authorities 4993 Appeals how taken
512
Perfecting appeals
513
4995 Effect of appeal
515
4996 Notice of appeal
516
Notes and authorities 5001a Service and filing of notice
520
5006 Undertaking on appeal staying execution 1159 5005 Undertaking for costs and damages on appeal
524
5007 Undertaking on appeal in ejectment 5008 Notes and authorities
525
CHAPTER III
540
Statement on appeal in general 5027 Preparing statement 5028 When statement unnecessary
544
What statement shall contain
545
Written instruments etc 5033 Filing and serving statement Form 1162 5034 Notice of settlement of bill of exceptions on appeal
548
Notes and authorities 5047 Appeal from the judgmentroll
555
Bill of exceptions
557
What a bill of exceptions should contain
559
Filing and settlement of bill of exceptions
561
Notes and authorities 5055 Transcript on appeal
566
Filing transcript 5057 Service of transcript
568
What the transcript must contain
569
5059 Form of stipulation
570
Notes and authorities 5074 What transcripts should not contain 5075 Hearing on appeal
577
Errors in the record how amended 5077 Argument of counsel
579
Objections to the transcript
580
Dismissal of appeal
583
5079b Dismissal denied
589
Dismissal effect
591
5080a Dismissal procedure
592
Reinstatement 5082 What will be reviewed
593
Notes and authorities 5091 What will not be reviewed
599
Notes and authorities 5096a Findings review
603
5103a Subjects of review
608
When exceptions must be taken 5104a Assignment of errors
611
5104b Waiver of objections
612
PRINCIPLES OF DETERMINATION 5111 In general
617
Legal presumptions 5119 Notes and authorities
624
When judgment will be affirmed
627
Modification of judgment
630
Reversal of judgment 5124 Notes and authorities 5125 When judgment will be reversed and new trial ordered
638
Notes and authorities 5133 Decisions on appeal 5134 Rehearing
640
CHAPTER V
643
CHAPTER VI
649
Contested elections 5150 Orders not appealable 5151 Parties
650
Transcript
651
CHAPTER VII
652
5160 Notice of appeal 5161 Notes and authorities
656
5163 Undertaking on appeal
657
SPECIAL PROCEEDINGS
686
CHAPTER III
701
CHAPTER IV
711
CHAPTER V
717
CHAPTER VI
732
Notes and authorities
734
SUBMITTING CONTROVERSY WITHOUT ACTION
746
CHAPTER XI
763
In general
765
When it will not
771
CHAPTER II
782
CHAPTER III
796
5423 Alternative mandamus
810
CHAPTER IV
820
Judgment on report
1050
Impaneling jury
1087

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Oblíbené pasáže

Strana 201 - In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due upon contract, or as damages for breach of contract, or for injuries, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code.
Strana 327 - 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.
Strana 135 - In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Strana 733 - Any Court in which an action is pending, or a Judge thereof, or a County Judge, may, upon 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 book, document, or paper in his possession, or under his control, containing evidence relating to the merits of the action or the defense therein.
Strana 252 - All persons, without exception, otherwise than is specified in the next two sections, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses. Therefore, neither parties nor other persons who have an interest in the event of an action or proceeding are excluded...
Strana 472 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
Strana 714 - When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed.
Strana 730 - After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment; 5.
Strana 259 - A witness is allowed to refresh his memory respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing.
Strana 473 - Government, take good and sufficient security that the plaintiff in error or the appellant shall prosecute his writ or appeal to effect, and, if he fail to make his plea good, shall answer all damages and costs, where the writ is a supersedeas and stays execution, or all costs only where it is not a supersedeas as aforesaid.

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