Phillips V Caldwell

Author : Fellow by Special Election in Ancient History William Mack
Publisher : Rarebooksclub.com
ISBN 13 : 9781230000534
Total Pages : 638 pages
Book Rating : 4.0/5 (5 download)

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Download or read book Cyclopedia of Law and Procedure written by Fellow by Special Election in Ancient History William Mack and published by Rarebooksclub.com. This book was released on 2013-09 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...notice.--Where defendant is a non-resident, but has an attorney of record, service of notice of judgment on the latter is suflicient. Opotlilarholer 0. Gardiner, 15 Ia. 512. 12. Bustard 1: . Gates, 4 Dana (Ky-) 429. 18. Barclay v. Barclay, 42 Ala. 345; Parsons v. Lee, 8 Port. (Ala.) 125; Webb vBrown, 3 Ark. 488; Phillips v. Chaney, 1 How. (Miss.) 250. 14. Evans v. State Bank, 13 A1a._7B7; Gary v. State Bank, ll Ala. 771; Phillips v. Chaney, 7 How. (Miss.) 250. 15. Caldwell v, Harp, 2 MoCord (S-_ 0-) 215. But see Stewart v. Richard. 3 Manitoba 610. A dismissal of one of the parties to a motion for judgment is not a discontinuance _of the entire motion, although the P1715)' ms' missed was notified and has appeared and pleaded. Beard 1: . Mobile Branch Bank, B judginent." In respect to the forms of pleadings to be employed on an application of this kind, and the evidence to be admitted, the provisions of the statute must be closely followed." _ _ _ C. Form and Requlsltes of Judgment. The rendition of judgment pp motion or in summary proceedings being in (l0l'O%8.tl0Il of the common law, t e statute authorizing it must be strictly pursued, an the judgment must sltowTiI1 its face all facts necessary to give jurisdiction and to support the judgment. _ 6 entry of a decree on the minutes of the court in a summary proceeding is t 3 judgment; and where, after such entry, defendant died, the fact that it is signe during the term thereafter does not make it irregular.' _ _ _ _ _ D. Relief Awarded. As the duty of judges is to adininister justice accorrldlflg to law, if counsel should inadvertently omit to ask what his_ client is entitled to demand in a summary pgiceeding, the court would unquestionably be boun 0...