Constitution, Members, Proceedings, Papers and Addresses, Volume 4Argus and Patriot Steam Book Press, 1895 - Bar associations Memorial papers included in the appendices. |
From inside the book
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Page 28
... common counts shall not be used unitedly , but each one of these counts may be used in the form hereinafter pre- scribed , when the natural import of its terms correctly describes the cause of action . Seventh . A count on any count ...
... common counts shall not be used unitedly , but each one of these counts may be used in the form hereinafter pre- scribed , when the natural import of its terms correctly describes the cause of action . Seventh . A count on any count ...
Page 33
... common law declarations and pleadings . The attention of the Association is also directed to a feature of the Massachusetts practice which provides that after suit all plaint- iffs and defendants may file interrogatories , each for the ...
... common law declarations and pleadings . The attention of the Association is also directed to a feature of the Massachusetts practice which provides that after suit all plaint- iffs and defendants may file interrogatories , each for the ...
Page 35
... common law , when the country ( England ) where it originated , has twenty - five years ago adopted a practice act in principle substantially like this . Connecticut , which is one of the most conserva- tive of the States , years ago ...
... common law , when the country ( England ) where it originated , has twenty - five years ago adopted a practice act in principle substantially like this . Connecticut , which is one of the most conserva- tive of the States , years ago ...
Page 38
... common law of practice but just what that departure should be seems to me a question . Of course the Massachusetts Practice Act covers the ground , and if we start in upon that system with the practice that has been explained , it seems ...
... common law of practice but just what that departure should be seems to me a question . Of course the Massachusetts Practice Act covers the ground , and if we start in upon that system with the practice that has been explained , it seems ...
Page 39
... common law . I would suggest that this circular be sent out and at the January meeting we can meet and consider the subject . If I voted at the present time I should have to vote upon my respect for the men who prepared the report , and ...
... common law . I would suggest that this circular be sent out and at the January meeting we can meet and consider the subject . If I voted at the present time I should have to vote upon my respect for the men who prepared the report , and ...
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Common terms and phrases
adjourned admission adopted Albans amendment answer assumpsit attorney believe Bellows Falls bench Bennington County bill Brattleboro brother Burlington Caledonia County called cause of action Chairman Prouty Chittenden client collection suits common law complaint County Court court of chancery declaration defendant docket duty Edwards entered equity favor filed Franklin gentlemen hear Hiram Carleton Hogan issue J. W. Gordon Johnsbury judge judgment Jurisprudence and Law jury justice Lamoille Lamoille County Law Reform lawyer legislature live Martin matter meeting ment Montpelier motion never Orleans County party plaintiff pleading politics practice present President Prouty President Waterman proceedings profession question reason Royce rule Rutland Rutland County Secretary Shurtleff stand statute suggestion Supreme Court term thereof thing tion trial verdict Vermont Bar Association Washington Washington County Watson Windham Windham County Windsor Windsor County Young
Popular passages
Page 139 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 129 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 128 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 133 - If the taking of an account, or the proof of any fact, be necessary to enable the court to give judgment or to carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose.
Page 138 - Where the trial of an issue of fact shall require the examination of a long account on either side ; in which case, the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein ; or, 2.
Page 127 - The plaintiff may unite several causes of action in the same complaint, where they all arise out of 1.
Page 138 - 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 determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Page 136 - In an action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all, or any of the issues...
Page 197 - From the moment that any advocate can be permitted to say that he will or will not stand between the Crown and the subject arraigned in the court where he daily sits to practice, from that moment the liberties of England are at an end.
Page 145 - Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same, to any court which would have jurisdiction, if an action had been brought.