A Treatise On Appellate Procedure And Trial Practice Incident to Appeals
A Treatise On Appellate Procedure And Trial Practice Incident to Appeals
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In our eReader you can find the full English version of the book. Read A Treatise On Appellate Procedure And Trial Practice Incident to Appeals Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book A Treatise On Appellate Procedure And Trial Practice Incident to Appeals
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It is, in truth, not because the answer is insufficient that a judgment is vulnerable in a case of the class under con- sideration, but the judgment is subject to attack because the finding or verdict is contrary to law inasmuch as there is no evidence upon which the law will permit a recovery by the de- fendant. He fails because he has no evidence to establish a fact, or facts, essential to a recovery, not because he has an in- sufficient answer.
§ 486. Effect of proving a bad Answer — The fac...t that the trial court declines to find upon insufficient evidence although the answer is fully proved, does not require the conclusion that the case is an exception to the general rule. The appeal by the plaintiff brings up the case on the evidence and he may^ with entire propriety, insist upon a reversal if no defense is estab- lished, although he may not have assailed the answer in the court below, provided, of course, that he there made the proper motion and reserved the proper exceptions.
What to read after A Treatise On Appellate Procedure And Trial Practice Incident to Appeals?
You can find similar books in the "Read Also" column, or choose other free books by Byron K Elliott to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
It is, in truth, not because the answer is insufficient that a judgment is vulnerable in a case of the class under con- sideration, but the judgment is subject to attack because the finding or verdict is contrary to law inasmuch as there is no evidence upon which the law will permit a recovery by the de- fendant. He fails because he has no evidence to establish a fact, or facts, essential to a recovery, not because he has an in- sufficient answer.
§ 486. Effect of proving a bad Answer — The fac...t that the trial court declines to find upon insufficient evidence although the answer is fully proved, does not require the conclusion that the case is an exception to the general rule. The appeal by the plaintiff brings up the case on the evidence and he may^ with entire propriety, insist upon a reversal if no defense is estab- lished, although he may not have assailed the answer in the court below, provided, of course, that he there made the proper motion and reserved the proper exceptions.
What to read after A Treatise On Appellate Procedure And Trial Practice Incident to Appeals?
You can find similar books in the "Read Also" column, or choose other free books by Byron K Elliott to read onlineMoreLess
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