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Author :
Publisher :
ISBN 13 :
Total Pages : 1340 pages
Book Rating : 4.:/5 (334 download)
Download or read book The Encyclopaedia of Pleading and Practice written by and published by . This book was released on 1898 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Mark McKinney
Publisher : Rarebooksclub.com
ISBN 13 : 9781230168463
Total Pages : 618 pages
Book Rating : 4.1/5 (684 download)
Download or read book The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 7 written by William Mark McKinney and published by Rarebooksclub.com. This book was released on 2013-09 with total page 618 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. 1897 edition. Excerpt: ... ferry across the Delaware, one of whom held a New Jersey charter for his end of the ferry, and the other a Pennsylvania charter for his end, could not properly join in an action lor damages to the ferry caused by a bridge; but that, their chartered interests not being joint, separate actions must be brought. An Objection that Parties are Improperly Joined as plaintiffs should be made when the petition for the appointment of viewers is presented or, at the very latest, when the issue is framed by the court. Ehret v. Schuylkill River East Side R. Co., 151 Pa. St. 158. 6. Alabama.--To authorize one to be made a party in highway and ferry cases, he must have a private right, as an individual proprietor, which he can vindicate by suit, and the record must show his interest. Creswell r. Greene County, 24 Ala. 282. California.--A person through whose lands a proposed road will pass is beneficially interested, and is a proper party to contest the legality of the proceedings for the establishment of the road. Damrell z. San Joaquin County, 40 Cal. 154. Connecticut.--A cemetery association instituted a proceeding under the statute for enlarging its territory by taking adjoining lands owned in severalty by different persons. It was held that all the owners, though having no joint interest, were properly made defendants together. Evergreen Cemetery Assoc, v. Beecher, 53 Conn. 551. Indiana.--One through whose lands a drain will run must be a party to the proceedings by notice or otherwise, and, unless this appear on the trial, the whole proceeding must fail. Wright v. Wilson, 95 Ind. 408. Where the proceedings are instituted by the party seeking the condemnation, it goes without saying that the owner of the land sought to be taken must be made a...
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ISBN 13 :
Total Pages : 1202 pages
Book Rating : 4.F/5 ( download)
Download or read book The Encyclopædia of Pleading and Practice written by and published by . This book was released on 1905 with total page 1202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Mark McKinney
Publisher : Arkose Press
ISBN 13 : 9781343509665
Total Pages : 986 pages
Book Rating : 4.5/5 (96 download)
Download or read book The Encyclopaedia of Pleading and Practice written by William Mark McKinney and published by Arkose Press. This book was released on 2015-09-25 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : William Mark McKinney
Publisher : Rarebooksclub.com
ISBN 13 : 9781230147222
Total Pages : 686 pages
Book Rating : 4.1/5 (472 download)
Download or read book The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 1 written by William Mark McKinney and published by Rarebooksclub.com. This book was released on 2013-09 with total page 686 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. 1895 edition. Excerpt: ...corporation an omission to aver its corporate character may be amended. Southern L. Ins. Co. v. Roberts, 60 Ala. 431. See also Jemison v. Planters', etc., Bank, 23 Ala. 168; St. Louis, etc., R. Co. v. Camden Bank, 47 Ark. 541. Members of a corporate board suing in their own names on a corporate right may amend by describing themselves as a corporation. M. E. Church v. Town, 49 Vt. 29; Shoudy v. School Directors, 32 111. 290; Yocum v. Waynesville, 39 111. 220. Plaintiff suing on a note may amend by adding averments that he sues not as a payee, but as assignee or owner. Long v. Patterson, 51 Ala. 414. Plaintiff may amend by describing himself as " doing business under the name of " another person. Hathaway v. Sabin, 61 Vt. 608. Plaintiffs suing as heirs of B. may amend by claiming as the heirs of A. Reams v. Spann, 28 S. Car. 530. An infant suing in his own name may amend so as to sue by guardian. Sabine v. Fisher, 37 Wis. 376. A suit by a voluntary association cannot be amended into a suit under the name by which it was subsequently incorporated. Marsh River Lodge v. Brooks, 61 Me. 585. 3. Johr v. St. Clair County, 38 Mich. 532; O'Connell v. Schwanabeck, 76 Mich. 517; Donovan v. Halsey Fire Engine Co., 58 Mich. 38; Rutherford v. Hobbs, 63 Ga. 243; Van Pelt v. Chattanooga, etc., R. Co., 89 Ga. 706; Tumlin v. Quarles, 26 Ga. 395; Humphries v. Dawson, 38 Ala. 199. See also Cannon v. Mathis, 10 Heisk. (Tenn.) 575 One suing as an heir at law may amend so as to sue as executor. Hines v. Rutherford. 67 Ga. 606. Or, suing as executor may amend by declaring as administrator. Risley v. Wiphtman, 13 Hun (N. Y.) 163. Plaintiff suing as agent may strike artificial person is beyond the reach of amendment.1 c. Misdescription Of...
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ISBN 13 :
Total Pages : 1196 pages
Book Rating : 4.:/5 (334 download)
Download or read book The Encyclopaedia of Pleading and Practice written by and published by . This book was released on 1899 with total page 1196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Mark McKinney
Publisher : Rarebooksclub.com
ISBN 13 : 9781230171418
Total Pages : 682 pages
Book Rating : 4.1/5 (714 download)
Download or read book The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 2 written by William Mark McKinney and published by Rarebooksclub.com. This book was released on 2013-09 with total page 682 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. 1895 edition. Excerpt: ... Co. v. Falvey, 104 Ind. 430. Iowa.--Wells v. Kavanagh, 70 Iowa 519; State v. Myer, 69 Iowa 148; Wood v. Hallowell, 68 Iowa 377; Gardner v. Burlington, etc., R. Co., 68 Iowa 588; State v. Nadal, 69 Iowa 478; State v. McDevitt, 69 Iowa 549; State v. Archer, 69 Iowa 420; White v. Sprangler, 68 Iowa 222; Burlington Ind. Dist. v. Merchant's Nat. Bank, 6S Iowa 343; Nichols v. Dubuque, etc., R. Co., 68 Iowa 732; State v. Cross, 68 Iowa 180; Tubbs v. Garrison, 68 Iowa 44. Massachusetts.--Chase v. Horton, 143 Mass. 118. Missouri.--Cathcart v. Hannibal, etc., R. Co., 19 Mo. App. 113; Smith v. Wabash, etc., R. Co., 19 Mo. App. 120; Pratt v. Amherst, 140 Mass. 167; Beauchamp v. Higgins, 20 Mo. App. Error Cured by Further Instructions.--The charge on appeal must be 514; Rothschild v. Frendsdorf, 21 Mo. App. 318; Compton v. Johnson, 19 Mo. App. 88; Boatman's Sav. Bank v. Overall, 90 Mo. 410. New York.--Vail v. Reynolds, 42 Hun (N. Y.) 647. North Oirolina.--Morgan v. Lewis, 95 N. Car. 296; Lewis v. Albemarle, etc., R. Co., 95 N. Car. 179; Ferrallp. Broadway, 95 N. Car. 557; Scott v. Wilmington, etc., R. Co., 96 N. Car. 428. Oregon.--Breon v. Henkle, 14 Oregon 494; Yarnberg v. Watson, 13 Oregon 11; Glenn v. Savage, 14 Oregon 567. Pennsylvania.--McCallin v. Harzer (Pa., 1886), 5 Cent. Rep. 678. Texas.--Missouri Pac. R. Co. v. Christman, 65 Tex. 369; Beaumont Pasture Co. v. Preston, 65 Tex. 448; Cannon v. Cannon, 66 Tex. 682; Linney v. Wood, 66 Tex. 22. United States.--Northern Pac. R. Co. v. Paine, 119 U. S. 584. Withholding Issues.--And assuming as a matter of law what should be left to the jury as a question of fact. Whitman v. Morey (N. H., 1886), 2 Atl. Rep. 899; Evans v. Dickey, 117 111. 291; Chicago, etc., R. Co. v. O'Connor, 119 111. 586; Heinsen...
Author : William Henry Michael
Publisher :
ISBN 13 :
Total Pages : 1098 pages
Book Rating : 4.F/5 ( download)
Download or read book Encyclopedia of Forms and Precedents for Pleading and Practice, at Common Law, in Equity, and Under the Various Codes and Practice Acts written by William Henry Michael and published by . This book was released on 1900 with total page 1098 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Mark McKinney
Publisher : Rarebooksclub.com
ISBN 13 : 9781230172033
Total Pages : 646 pages
Book Rating : 4.1/5 (72 download)
Download or read book The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 6 written by William Mark McKinney and published by Rarebooksclub.com. This book was released on 2013-09 with total page 646 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. 1896 edition. Excerpt: ...was shown by the certificate of the clerk, this was held sufficient compliance with a statute in Georgia (September 16, 1883) which required the postmaster to indorse upon the package its reception by due course of mail, and to at once deliver the package to the clerk of the court. Killian v. Augusta, etc., R. Co., 78 Ga. 749. Name of Clerk Misspelled.--Where a statute does not require the name of the clerk to be contained in the address on the return, the mere fact of addressing the commission and deposition to "L. Enos Greene," instead of to " Zenos Greene," is immaterial. Rust v. Eckler, 41 N. Y. 488. 1. Morgan v. Jones, 44 Conn. 225; Van Sickle v. Gibson, 40 Mich. 170; Ward v. Ely, 1 Dev. (N. Car.) 372; Nussear v. Arnold, 13 S. & R. (Pa.) 323 Deposition Delivered In Person.--Where depositions were taken by a justice of the peace, and his certificate showed that they had never been out of his possession or altered until he delivered them to the clerk of the court, they were held not to be inadmissible because the justice failed to comply with a statutory requirement relating to commissions, and directing that they be placed in an envelope and sealed, and the seal indorsed with the name of the commissioner and the style of the cause. Hutson v. Hutson, 9 Lea (Tenn.) 354. Evidence of Sealing.--The certificate of the clerk that a deposition was opened and filed by him is prima facie evidence that it was duly sealed up in conformity with the requirements of the statute. Rodn v. Hapgood, 8 Gray (Mass.) 394. Hutilatedor Unsealed Return.--Where it appeared that the envelope in which a deposition was contained was badlymutilated, being open half its length, on each side and at each of the four corners, and not having the...
Author : William Henry Michael
Publisher :
ISBN 13 :
Total Pages : 1092 pages
Book Rating : 4.:/5 (47 download)
Download or read book Encyclopedia of Forms and Precedents for Pleading and Practice written by William Henry Michael and published by . This book was released on 1898 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Mark McKinney
Publisher : Rarebooksclub.com
ISBN 13 : 9781230177229
Total Pages : 736 pages
Book Rating : 4.1/5 (772 download)
Download or read book The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 5 written by William Mark McKinney and published by Rarebooksclub.com. This book was released on 2013-09 with total page 736 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. 1896 edition. Excerpt: ... Paige (N. Y.) 637; Innes v. Lansing, 7 Paige (N. Y'.)s83; Derby r. Yale, 13 Hun (N. Y.) 273; Cummins v. Bennett, 8 Paige (N. Y.) 79, in which last case it was said to be a matter of course to permit the complainant to dismiss his bill at any time before decree upon payment of costs. But see Salisbury v. Binghamton Pub. Co., 85 Hun (N. Y.) 99; Matter of Butler, 101 N. Y. 309; Young v. Bush, 36 How. Pr. (N. Y. Supreme Ct.) 240; Wilder v. Boynton, 63 Barb.;N. Y.) 547; Carleton v. Darcy, 75 N. Y. 375, holding that the right of the complainant to dismiss is not absolute but rests in the discretion of the court. After Appointment of Receiver.--In Belmont Nail Co. v. Columbia Iron, etc., Co., 46 Fed. Rep. 336, a bill was filed in behalf of all the creditors of an insolvent corporation, for the administration of its assets, and it was determined that after the appointment of a receiver, in pursuance of the prayer of the bill, the complainant had no right to dismiss the bill with the consent of the defendant, against the wishes of other creditors who sought to come in as parties. See also Atlas Bank v. Nahant Bank, 23 Pick. (Mass.) 480; in which case a bill filed by one creditor for the benefit of himself and others, for the appointment of a receiver for an insolvent bank, was regarded as substantially a proceeding in behalf of all the creditors, and the plaintiff was denied leave to discontinue the bill. In Fay v. Erie, etc., R. Bank, Harr. (Mich.) 194, an individual creditor had filed his bill against a corporation, obtained an injunctionand the appointment of a receiver, and the receiver had taken upon himself the trust, and other creditors had filed their claims; and it was determined that the creditor who filed the bill was not entitled, as...
Author : William Mark McKinney
Publisher : Rarebooksclub.com
ISBN 13 : 9781230155029
Total Pages : 638 pages
Book Rating : 4.1/5 (55 download)
Download or read book The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 3 written by William Mark McKinney 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. 1905 edition. Excerpt: ...(N. Y.) 277. 1003. 2. Simmons v. Morrison, 13 App. Cas. (D. C.) 161; Price v. Parker, (Supm. Ct. Spec. T.) 44 Misc. (N. Y.) 582; Connor v. Jackson, 53 N. Y. App. Div. 322. Necessity to First Settle Other Issues.--Where, in an equity suit for an accounting, the plaintiff's right to an accounting is denied, the defendant is entitled to have the issue so raised determined upon a trial by the court before a reference can be ordered to take the account. Knox v. Gleason, 63 N. Y. App. Div. 99. See also Malone v. St Peter, etc., Church, 172 W, Y. 269. 1003. Items of Account Hast Be Put in Issue.--See note 3. 1004. 4. Actions Ex Delicto--a. In General.--See note 2. 1005. VII. At What Stage Reference Ordebed--1. To Master.--See note 3. 1006. 2. To Referee--Before Issue Joined.--See note 2. After Plea in Bar.--See note 5. Vm. Notice Before Ordering Reference.--See See note 1. X. Order Of Reference 1. Necessity for Order.--notes 7, 8. 1007. 1008. See note 1. 2. By Whom Made.--See note 4. IOIO. 4 Preliminary Decree or Judgment--Principles of Account--a. In Suits In Equity.--See note 4. 1012. 6. Amendment and Modification of Order--Successive Motions for Reference.--See note 3. 1003. 8. Smith v. Scully, 66 Kan. '39 When the Items of a Long Account Are Put la Issue, an order of reference will be upheld on appeal, although by reason of a failure of proof on the part of the plaintiff no examination thereof by the referee became necessary, and hence the case might have been tried by a jury without confusion or difficulty. McCormick v. St. Louis, 166 Mo. 315. 1004. 2. Contra.--Under the Oregon statutes an action of tort may be referred if the examination of a long account is necessary. Salem Traction Co. v. Anson, 41 Oregon 562. 1005. 3. Billingslea v....
Author :
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ISBN 13 :
Total Pages : 1297 pages
Book Rating : 4.:/5 (123 download)
Download or read book The Encyclopaedia of Pleading and Practice written by and published by . This book was released on 1900 with total page 1297 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Mark McKinney
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (122 download)
Download or read book Encyclopaedia of Pleading and Practice under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases written by William Mark McKinney and published by . This book was released on 1895 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Henry Michael
Publisher :
ISBN 13 :
Total Pages : 1046 pages
Book Rating : 4.:/5 (47 download)
Download or read book Encyclopaedia of Forms and Precedents for Pleading and Practice at Common Law, in Equity, and Under the Various Codes and Practice Acts written by William Henry Michael and published by . This book was released on 1900 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Mark McKinney
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (969 download)
Download or read book The Encyclopædia of Pleading and Practice written by William Mark McKinney and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Encyclopaedia of Pleading and Practice Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases written by and published by . This book was released on 1895 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
