Drafting Court Motions And Orders

Cover Drafting Court Motions And Orders
Drafting Court Motions And Orders
Henry H Henry Hulbert Ingersoll
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Wherefore, he prays relief as in said bill set forth. " It is hard to imagine a more formal and less scien- tific and significant sample of pleading than this gen- eral replication. Apparently, the case could be tried and disposed of just as completely and effectually without this formal pleading as with it ; and yet, un- der the former rule of practice in equity in the United States courts, the complainant was bound by 12 MODERN AMERICAN LAW LECTURE the rule day next succeeding the rule day on... which the answer was filed to file this general replication and thus complete the issue in the cause. For com- plainant's failure to do this, the defendant was en- titled, as of course, to an order for the dismissal of the suit, which did not require hearing before a judge, but would be entered by the clerk of the court upon the defendant's motion.
Special motions, on the contrary, are all required to be presented to the court or a judge thereof at chambers for his consideration and decision ; and the matter thereof includes all other subjects and forms of motion than the "motions of course.


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