The Theory of a Pleading ...Columbia University Press, 1908 - 540 pages |
From inside the book
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Page 525
... declaration it was alleged that the defendant had married before the award was made . It was held that this destroyed the breach on which the plaintiff relied since it invalidated the award by revoking the power of the arbi- trators ...
... declaration it was alleged that the defendant had married before the award was made . It was held that this destroyed the breach on which the plaintiff relied since it invalidated the award by revoking the power of the arbi- trators ...
Page 526
... declaration was based . The case is directly contra to the rule of the Indiana Court quoted above.10 The argument of the Court was that the breach in revoking the arbitrator's authority by marrying was simply informally alleged , that ...
... declaration was based . The case is directly contra to the rule of the Indiana Court quoted above.10 The argument of the Court was that the breach in revoking the arbitrator's authority by marrying was simply informally alleged , that ...
Page 534
... declaration , complaint , bill or petition of the com- plainant ? There seems to be no reason for drawing any distinction along this line . The Indiana cases hold that pleas must be sus- tained according to their theory.56 The few cases ...
... declaration , complaint , bill or petition of the com- plainant ? There seems to be no reason for drawing any distinction along this line . The Indiana cases hold that pleas must be sus- tained according to their theory.56 The few cases ...
Page 535
... declaration or complaint on one theory . He wished to change to a new theory but there were not enough facts alleged in the declaration or complaint to warrant that.58 These necessary facts , however , were alleged in the defendant's ...
... declaration or complaint on one theory . He wished to change to a new theory but there were not enough facts alleged in the declaration or complaint to warrant that.58 These necessary facts , however , were alleged in the defendant's ...
Page 542
... declaration in the preamble that the future of our country depends upon the maintenance of Justice pure and ... declare that it must steadfastly endeavor " to prevent political considerations from outweighing judicial fitness in the ...
... declaration in the preamble that the future of our country depends upon the maintenance of Justice pure and ... declare that it must steadfastly endeavor " to prevent political considerations from outweighing judicial fitness in the ...
Common terms and phrases
alleged Annotated appeal applied Aristotle authority Baker Bank bill Buckram cause of action code pleading Columbia Law COLUMBIA LAW REVIEW Columbia University Commerce Clause common law complaint Constitution contract corporation corrective justice court of equity criminal decision declaration defendant Edition enforce equity evidence facts form of action fraud held highway Indiana injunction issue judges judgment judicial jurisdiction jury Kindly mention law canvas Law School legal redress lien Mass matter mention the REVIEW N. Y. Supp party personalty plaintiff plea pleading practice principal Professor of Law question reason recover relief remedy Reports rule in Shelley's seems semble statute stockholders suit supra Supreme Court theory tion tort transaction trial U. S. Supreme Court volumes Voorhis William York York Supreme Court δὲ εἰ ἐν καὶ μὴ τὰ τῆς τὸ τοῖς τοῦ τῶν
Popular passages
Page 544 - ... breed litigation by seeking out those with claims for personal injuries or those having any other grounds of action in order to secure them as clients, or to employ agents or runners for like purposes, or to pay or reward, directly or indirectly, those who bring or influence the bringing of such cases to his office, or to remunerate policemen, court or prison officials, physicians, hospital attaches or others who may succeed, under the guise of giving disinterested friendly adVice, in Influencing...
Page 569 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from which they are taken...
Page 544 - A duty to the public and to the profession devolves upon every member of the bar having knowledge of such practices upon the part of any practitioner immediately to inform thereof, to the end that the offender may be disbarred.
Page 564 - There is no power, the exercise of which is more delicate, which requires greater caution, deliberation' and sound discretion, or is more dangerous in a doubtful case, than the issuing an injunction.
Page 523 - It Is an established rule of pleading that a complaint must proceed upon some definite theory, and on that theory the plaintiff must succeed, or not succeed at all. A complaint cannot be made elastic so as to take form with the varying- views of counsel.
Page 564 - A Writ of Injunction may be described to be a judicial process, whereby a party is required to do a particular thing, or to refrain from doing a particular thing...
Page 543 - Dealing With Trust Property. Money of the client or other trust property coming into the possession of the lawyer should be reported promptly, and except with the client's knowledge and consent should not be commingled with his private property or be used by him.