The American and English Encyclopedia of Law, Volume 17John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1892 - Law |
From inside the book
Results 1-5 of 79
Page 197
... rule to govern , that he who attempts to rebut a pre- sumption of law has always the burden of proof.2 1. In Ordinary Actions ( a ) To PLAINTIFF . - In ordinary actions between parties , the plaintiff being usually the one upon whom the ...
... rule to govern , that he who attempts to rebut a pre- sumption of law has always the burden of proof.2 1. In Ordinary Actions ( a ) To PLAINTIFF . - In ordinary actions between parties , the plaintiff being usually the one upon whom the ...
Page 203
... rule there are numerous exceptional cases , and somewhat of a conflict of authority.12 2. In Special Proceedings . - The governing principle which should furnish an adequate rule in every proceeding is this : That the right to open and ...
... rule there are numerous exceptional cases , and somewhat of a conflict of authority.12 2. In Special Proceedings . - The governing principle which should furnish an adequate rule in every proceeding is this : That the right to open and ...
Page 204
... rule is. Again , it is said that the trial of an issue of devisavit vel non is a proceed- ing in rem to which there are strictly no parties ; and when , upon the trial of such issue , the caveators admitted the execution of the will ...
... rule is. Again , it is said that the trial of an issue of devisavit vel non is a proceed- ing in rem to which there are strictly no parties ; and when , upon the trial of such issue , the caveators admitted the execution of the will ...
Page 207
... rule which furnishes an absolute test for cases occurring in ordinary actions between plaintiff and defendant . The rule then fixed is this : that where the plaintiff has anything to prove , in order to get a verdict , whether in an ...
... rule which furnishes an absolute test for cases occurring in ordinary actions between plaintiff and defendant . The rule then fixed is this : that where the plaintiff has anything to prove , in order to get a verdict , whether in an ...
Page 208
... rule is that the party against whom judgment would be given , were no evi- dence produced in the cause , is entitled to the closing argument , plaintiff , no matter what may be the nature of the controversy or what special defences or ...
... rule is that the party against whom judgment would be given , were no evi- dence produced in the cause , is entitled to the closing argument , plaintiff , no matter what may be the nature of the controversy or what special defences or ...
Other editions - View all
Common terms and phrases
agent alleged Allen Mass amended assignment assignor assumpsit authority Bank Barb bond brought cause of action charter child chose in action claim Code common law Conn contract corporation court court of equity creditors debt deed defendant demurrer Dict directors duty ejusdem generis election entitled equity execution father fendant Gray Mass habeas corpus held Hun N. Y. indictment Iowa joinder joined joint judgment land liable Mayor ment Minn misjoinder mortgage N. J. Eq obligation officer Ohio St ordinance owner Paige N. Y. pardon parent parol evidence payment person plaintiff promissory note provision real party recover Smith Stat statute stockholders sued suit sureties Tenn thereon tion trustees Wend words
Popular passages
Page 472 - Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay ; conformably to the laws.
Page 635 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court...
Page 472 - All courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay.
Page 583 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 581 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 171 - Or such a fraudulent transaction completed or contemplated by the acting managers, in connection with some other party, or among themselves, or with other shareholders as will result in serious injury to the corporation, or to the interests of the other shareholders...
Page 43 - M. , for the purpose of electing Directors and for the transaction of such other business as may come before the meeting.
Page 590 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 584 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in.
Page 478 - On the other hand, counties are at most but local organizations, which, for the purpose of civil administration, are invested with a few functions characteristic of a corporate existence. They are local subdivisions of a State, created by the sovereign power of the State of its own sovereign will, without the particular solicitation, consent or concurrent action of the people who inhabit them.