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 31
... suit , amendments may be allowed on such terms as are just and reasonable , intro- ducing a party necessary to be joined as plaintiff or defendant , discontinuing as to a joint plaintiff or defendant , changing the form of the action ...
... suit , amendments may be allowed on such terms as are just and reasonable , intro- ducing a party necessary to be joined as plaintiff or defendant , discontinuing as to a joint plaintiff or defendant , changing the form of the action ...
Page 32
... suit in equity , or a suit in equity into an action at law , if necessary to enable the plaintiff to suit for the cause for which it was intended to be brought * and in such case said court may make any necessary orders as to further ...
... suit in equity , or a suit in equity into an action at law , if necessary to enable the plaintiff to suit for the cause for which it was intended to be brought * and in such case said court may make any necessary orders as to further ...
Page 33
... suit all plaint- iffs and defendants may file interrogatories , each for the other to answer in advance of the trial . This right is limited so as to prevent inquiry into impertinent matters . Whether it is wise to adopt this feature ...
... suit all plaint- iffs and defendants may file interrogatories , each for the other to answer in advance of the trial . This right is limited so as to prevent inquiry into impertinent matters . Whether it is wise to adopt this feature ...
Page 49
... suit . It seems if we keep the jury system of trials the issues to be submitted to that jury ought to be clear and limited , and then it will be trouble enough to have them carry the whole testimony . Now in many respects I concur with ...
... suit . It seems if we keep the jury system of trials the issues to be submitted to that jury ought to be clear and limited , and then it will be trouble enough to have them carry the whole testimony . Now in many respects I concur with ...
Page 52
... suit in the wrong way , but they are so ex- ceptional it does not seem to me that any one need fear it . My experience is , I am more fearful of the court than I am of my action . action . I see no objection to joining all these causes ...
... suit in the wrong way , but they are so ex- ceptional it does not seem to me that any one need fear it . My experience is , I am more fearful of the court than I am of my action . action . I see no objection to joining all these causes ...
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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.