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Author: William Mark McKinney
Publisher: Forgotten Books
ISBN: 9780260444073
Category :
Languages : en
Pages : 1112
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Book Description
Excerpt from The Encyclopaedia of Pleading and Practice, Vol. 1: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases The practicality of treating the whole body of substantive law in the form of an encyclopaedia has already been demon strated. It has been shown beyond doubt that there is great advantage and economy to be derived from having in one series of books practically all the law of general application. The present work is an attempt to do for pleading and practice what its prototype has done for substantive law. The difficulties of the work were recognized, but they have not proved insurmountable. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Mark McKinney
Publisher: Forgotten Books
ISBN: 9780260444073
Category :
Languages : en
Pages : 1112
Get Book Here
Book Description
Excerpt from The Encyclopaedia of Pleading and Practice, Vol. 1: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases The practicality of treating the whole body of substantive law in the form of an encyclopaedia has already been demon strated. It has been shown beyond doubt that there is great advantage and economy to be derived from having in one series of books practically all the law of general application. The present work is an attempt to do for pleading and practice what its prototype has done for substantive law. The difficulties of the work were recognized, but they have not proved insurmountable. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Mark McKinney
Publisher: Forgotten Books
ISBN: 9780428707453
Category : Law
Languages : en
Pages : 978
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Book Description
Excerpt from Supplement to the Encyclopaedia of Pleading and Practice, Vol. 1 Bills in Equity in the third volume of the original work are supplemented. In both text and notes the catch lines which appear in the encyclopedia or pleading and practice are here repeated in connection with new cases, thereby denoting that such new cases support the statement of law made in the text or notes of the original work under the corresponding catch line. The large heavy-faced figures refer to the pages of the volume of the original work. The smaller figure following the page number in the notes refers to the original note numbered by that same figure on that page. Thus, a note numbered 850. With cases cited, indicates that those cases support the proposition to which the cases in note I on page 350 were cited. In some instances the new cases have necessitated the writing of new text, and the fact that such text is new is indicated by inclosing it with brackets. In the notes great freedom has been indulged in stating new illustrations and applications. The omission of a title that appeared in the original work implies that no new cases on that subject have been found. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Thomas Johnson Michie
Publisher: Rarebooksclub.com
ISBN: 9781230182797
Category :
Languages : en
Pages : 594
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Book Description
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. 1903 edition. Excerpt: ...of record, demons v. Clemons, 69 Vt. 545. Valuation of Property.--In Indian Territory it has been held that since the officer's duty is to attach property enough to cover the claim sued upon, he should designate in his return the approximate value of the property seized, thereby showing how in this regard he has discharged his duty. Barton v. Ferguson. 1 Indian Ter. 263. Appraisement.--In Kansas, where the sheriff is required to call in two disinterested persons to appraise the property attached, a failure of the officer to participate in the appraisement is not material error. Emerson v. Thatcher, 6 Kan. App. 325. Nor need the appraisement be immediately made. Dodson i. Wightman, 6 Kan. App. 835. And the appraisement of chattels which the appraisers are not able to see and examine will not render the levy wholly invalid. Dodson v. Wis;htman. 6 Kan. App. S35. Property Already in Possession of Officer.--German Sav. Bank v. Capital City Oatmeal Co., 108 Iowa 3S0. Failure to Serve the Inventory upon the defendant does not affect the validity of the levy. West v. Berg, 66 Minn. 287. Amendment of Eeturn.--The return, including the inventory, may be amended so as to show the facts. Hannon v. Bramley, 65 Conn. 193Chaffee v. Runkel, n S. Dak. 333; Foster v. Davenport, 109 Iowa 329; Dunn v. Arkenburgh, 48 N. Y. App. Div. 518, affirmed 165 N. Y. 669. Especially, where the amendment re lates to matters which occurred after the entry of the writ. Harding v. Riley. 181 Mass. 334. But the amendment must be made in the cause in which the writ issued, and when made it becomes the return. Bishop v. Poundstone, 11 Colo. App. 73 The amendment may be allowed even after an appeal has been taken in the action. Tennent-Stribbling Shoe Co. v....
Author: William Mark McKinney
Publisher: Arkose Press
ISBN: 9781343509665
Category :
Languages : en
Pages : 986
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Book Description
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: Forgotten Books
ISBN: 9781390950670
Category : Law
Languages : en
Pages : 1198
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Book Description
Excerpt from The Encyclopaedia of Pleading and Practice, Vol. 14: Under the Codes and Practice Acts at Common Law, in Equity and in Criminal Cases I. Scorn or m Anncm The principal matters treated under this title arise in statutory proceedings to condemn lands for the use of milldams and compensate injuries caused by the improvement. The statutes were passed on the theory that water mills are a public benefit, and therefore the right of emi nent domain might be exercised in their behalf and the milldam protected from abatement as a common-law nuisance.' About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Mark McKinney
Publisher: Forgotten Books
ISBN: 9780260341310
Category : Law
Languages : en
Pages : 1080
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Book Description
Excerpt from The Encyclopaedia of Pleading and Practice, Vol. 12: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases By Statute, in some states, the plead might not be struck out as redundant. Ing of such matters is expressly made See also article statutes. Unnecessary and improper. Sand. 8. Secrist v. Pett 109111. 188. See H. Dig. Ark. Stat. 5751 article bills 114 qu1n, vol. 3. P. Homer's Anno. Ind. Stat. G 356. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Mark McKinney
Publisher: Forgotten Books
ISBN: 9781528392587
Category :
Languages : en
Pages : 1092
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Book Description
Excerpt from The Encyclopaedia of Pleading and Practice, Vol. 13: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases II. Action! 31 houses and distnmums 1. Against Others than Personal Representatives to Recover Assets a. Capacity To sue - general rule and exceptions. - m General 3q 1 that a legatee or distributee cannot sue either at law or in equity to recover personal assets of the estate, and that only an admin istrator or executor of the decedent can maintain such a suit.' About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: William Mark McKinney
Publisher: Rarebooksclub.com
ISBN: 9781230193052
Category :
Languages : en
Pages : 636
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Book Description
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: ...the pro sion to file the original papers, as re-ceedings appearing upon the record of quired by statute, in the court to the court, which, together with the which the change is made, is not indictment and all other papers in the waived by the appearance of the case, must be transmitted to the clerk party against whom the change was of the court to which the venue has made, for the purpose of moving to been changed," simply requires a tran dismiss the action. Hall v. Royce, script of the entries in the "record 56 Iowa 359. 3. Harrall v. State, 26 Ala. 52. See Ammons v. State, 9 Fla. 530. "Proceedings" Denned.--"Proceedings," in a statute requiring transmission of a transcript of the proceedings, merely means the orders made book," together with the indictment and all the papers, but does not require the transmission of a transcript of the indictment and of all the original papers as well as the papers themselves. Sharp v. State, 2 Iowa 454. Under a statute requiring the transaffidavit, and information thereon to be transmitted;1 but in some jurisdictions mere copies or transcripts are sufficient. b. Sufficiency Of Transcript.--Where all the original papers, or copies thereof, are not required to be transmitted, a transcript of the record should be sent for the purpose of acquainting the new court with the status of the case. mission of the transcript and the original papers, it is unnecessary that the indictment should be copied at length in the transcript. Powers v. State, 87 Ind. 144. The transcript need not contain a copy of the indictment, where the original indictment is sufficiently identified by being sealed up and transmitted with the transcript and other papers. Leslie v. State, 83 Ind. 180....
Author:
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 1176
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Book Description
Author: William Mark McKinney
Publisher: Rarebooksclub.com
ISBN: 9781230168463
Category :
Languages : en
Pages : 618
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Book Description
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...
