Select Cases On Code Pleading
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In our eReader you can find the full English version of the book. Read Select Cases On Code Pleading 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 Select Cases On Code Pleading
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(Sargent v. , 5 Cow., 106.) Now, would the plaintiff there have been in a worse plight if before the trial the court had ordered him to give a bill of the particular occasions on which he expected to prove copulation ?
The same end was reached by granting a new trial as could have been by ordering the particulars. And the same rule would ap- ply in the case of a plaintifE seeking a new trial against a defend- ant, for surprise by the testimony of the latter. But it is said that, though the powe...r may once have been in the courts, by reason of recent statutory provisions, it is not there now. The 531st section of the new Code touches this subject. It is claimed that by it the power is taken away, if the courts ever had it.
That section provides that the court may, in any case, direct a bill of particulars of the claim of either party to be delivered to the adverse party. If it should be conceded that there is no power left in the court other than that which this section gives, still we do not assent to the claim made.
What to read after Select Cases On Code Pleading?
You can find similar books in the "Read Also" column, or choose other free books by Abbott, Austin, 1831-1896 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
(Sargent v. , 5 Cow., 106.) Now, would the plaintiff there have been in a worse plight if before the trial the court had ordered him to give a bill of the particular occasions on which he expected to prove copulation ?
The same end was reached by granting a new trial as could have been by ordering the particulars. And the same rule would ap- ply in the case of a plaintifE seeking a new trial against a defend- ant, for surprise by the testimony of the latter. But it is said that, though the powe...r may once have been in the courts, by reason of recent statutory provisions, it is not there now. The 531st section of the new Code touches this subject. It is claimed that by it the power is taken away, if the courts ever had it.
That section provides that the court may, in any case, direct a bill of particulars of the claim of either party to be delivered to the adverse party. If it should be conceded that there is no power left in the court other than that which this section gives, still we do not assent to the claim made.
What to read after Select Cases On Code Pleading?
You can find similar books in the "Read Also" column, or choose other free books by Abbott, Austin, 1831-1896 to read onlineMoreLess
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