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CHAPTER X.

THE PLEADINGS, AND PROCEEDINGS INCIDENTAL THERETO.

ARTICLE

PAGE | ARTIC

I. DISCOVERY AND EXAMINA

IX. PARTICULARS; AND MODI.
TION OF PARTIES, TO EN-

FYING OR STRIKING OUT
ABLE TO PLEAD.......... 1346

ADVERSARY'S PLEADING... 1394
II. FORMAL PABTS OF PLEAD-

Sec. I. Copy of account, or
INGS................

1361

bill of particulars... 1394
III. VERIFICATION OF PLEAD-

II. Motion to compel sep-
INGS .................

arate statement of
IV. FILING AND SERVING PLEAD-

causes of action, de-
INGS . ......

1371

S

fenses, &c. ......... 1410

. ..............

.
V. AMENDING AND WITHDRAW-

III. Motion to make more
ING ONE'S OWN PLEAD-

definite and certain 1412

ING. ...... .........

IV. Motion to strike out a

VI. DEMURRING .......

1387

pleading or matter
VII. SEVERING ACTIONS ....... 1387

therefrom ......... 1414
VIII. SUPPLEMENTAL PLEADING.. 1391, X. REQUIRING REPLY..........

1423
XI. JUDGMENT ON THE PLEAD-
INGS ..................

1425

1361

1379

CIIAPTER XIV.
TRIAL AND JUDGMENT.

ARTICLE

PAGE

VIII. PROCEEDINGS IN PECULIAR

ACTIONS .............

1955

Sec. 1. Divorce . . .......... 1955

II. Proceedings peculiar

to dower........... 1977

III. Proceedings peculiar

to ejectment, &c... 1985
IV. Proceedings peculiar

to foreclosure ...... 1990
V. Proceedings peculiar

to partition ....... 2004
VI. Proceedings peculiar

to actions to redeem. 2031
IX. AMENDING OR CONFIRM-

ING JUDGMENT AND LIM-
ITING TIME TO REVIEW,

&c .................. 2034

X. VACATING OR OPENING

JUDGMENT ........... 2042

XI. FURTHER DIRECTIONS...... 2053

XII. ASSIGNMENT, SET-OFF, DIS-

CHARGE AND SATISFAC-

TION ................ 2055

1931

CHAPTER XV.

APPEAL.

PAGE | ARTICLE

I. NOTICE OF APPEAL, AND

Sec. IV. Disposal of. appeal on

LEAVE............

2063

application of a party

II. SECURITY AND STAY...... 2072

where the adverse

III. SUBSTITUTION OF PARTIES. 2085

party has died after

Sec. I. Appeal by party taken

appeal, and his rep-
after his adversary is

resentative fails for
dead ............. 2085

three months to pro-

II. Appeal by representa-

cure substitution.... 2086

tive of party dying

IV. BRIXGING ON AND DISMISS-

before appeal, or by

any one not a party

V. THE DECISION AND JUDG-

who has acquired an

MENT...............

2096

interest and is ag.

VI. RESTITUTION ............ 2109
grieved ........... 2086 VII. RE-ARGUMENT ........... 2113
III. Application of repre VIII. FILING THE REMITTITUR,
sentative of party

AND SUBSEQUENT PRO-

dying after appeal,

2118

taken by such party

or by his adversary,

to be substituted ... 2086

......

ABBOTT'S PRACTICE AND FORMS.

CHAPTER 1.

COMMON FORMS.

(NOTE. - It does not appear necessary to repeat throughout this work the more familiar formulæ which are common to a great variety of proceedings, and with which every practitioner may be presumed to be conversant; but inattention to the requisites of these common forms is nevertheless so frequent a cause of slips in practice that many readers will find it useful to give some systematic attention to them. They are therefore given here with some ex. planations, by way of introduction and in subsequent chapters will be often referred to without occupying space to reproduce them.]

ARTICLE I. ACKNOWLEDGMENTS.

II. ADMISSIONS.
III. AFFIDAVITS.
IV. ALLOCATUR OR ALLOWANCE.

V. AMENDMENTS.
VI. BONDS.
VII. CAPTIONS.
VIII. CERTIFICATES.
· IX. COPIES.

X. EXTENSIONS OF TIME.
XI. FILING AND FILE-MARKS.
XII. FOLIOING.
XIII. INDORSEMENT.
XIV. MOTIONS.

XV. NOTICES.
XVI. Oaths.
XVII. ORDERS.
XVIII. PETITIONS.
XIX. PUBLICATION.

XX. RETURNS.
XXI. SERVICE AND PROOF THEREOF.
XXII. STAY OF PROCEEDINGS.
XXIII. STIPULATIONS.
XXIV. SUGGESTIONS ON THE RECORD.

XXV. UNDERTAKINGS.
ise XXVI. VERIFICATION.

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