A Digest of the Law of Practice Under the Judicature Acts And Rules And the Case
A Digest of the Law of Practice Under the Judicature Acts And Rules And the Case
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4L of the pleading, and also state some ground of law. But additional grounds may be raised ore terms (r).
The defence of the Statute of Frauds cannot be raised On demurrer (s), but semble the defence of the Statute of Limitations may be, whether as an original ground (t) or an additional one ore tenus (u). A defendant may com- bine a demurrer to part and defence to part in one plead- ing (r) ; and, where he has not originally demurred, may do so in an amended statement of defence to mi amended... statement of claim (w). And a party may by leave (x), but by leave only (//), plead as well as demur to the same matter. Where the opposite party does not appear at the hearing, the Court may admit a demurrer without argument (z).
39. A demurrer may be set aside with costs as stating a frivolous ground or none (a). Where it is allowed on argument, the opposite party shall generally pay costs (b) but not necessarily, as where the plaintiff charges fraud against a demurring defendant (c). Where it is over- ruled, the demurring party shall generally pay costs (d)) but any objection to the over-ruling Order may, without being introduced in the next subsequent pleading, be introduced in argument (e).
What to read after A Digest of the Law of Practice Under the Judicature Acts And Rules And the Case?
You can find similar books in the "Read Also" column, or choose other free books by W H Hastings William Henry Hastings Kelke to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
4L of the pleading, and also state some ground of law. But additional grounds may be raised ore terms (r).
The defence of the Statute of Frauds cannot be raised On demurrer (s), but semble the defence of the Statute of Limitations may be, whether as an original ground (t) or an additional one ore tenus (u). A defendant may com- bine a demurrer to part and defence to part in one plead- ing (r) ; and, where he has not originally demurred, may do so in an amended statement of defence to mi amended... statement of claim (w). And a party may by leave (x), but by leave only (//), plead as well as demur to the same matter. Where the opposite party does not appear at the hearing, the Court may admit a demurrer without argument (z).
39. A demurrer may be set aside with costs as stating a frivolous ground or none (a). Where it is allowed on argument, the opposite party shall generally pay costs (b) but not necessarily, as where the plaintiff charges fraud against a demurring defendant (c). Where it is over- ruled, the demurring party shall generally pay costs (d)) but any objection to the over-ruling Order may, without being introduced in the next subsequent pleading, be introduced in argument (e).
What to read after A Digest of the Law of Practice Under the Judicature Acts And Rules And the Case?
You can find similar books in the "Read Also" column, or choose other free books by W H Hastings William Henry Hastings Kelke to read onlineMoreLess
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