The Genius of the Common Law
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The plaintiff gives a concise statement or notice of his claim, and the defen- dant of his defense (where it is considered proper that he should do so) in plain English, unfettered by the technical rules of pleading. If either party really stands in need of further information, the judge requires it to be given; or if either party complains of surprise, and requires further time, he adjourns the trial upon just terms. The case being • But in Hayes's own preface there is a note on ' substantial ...justice ' which must not be overlooked. 'A good specimen of this favourite commodity is furnished in the following well-known decision: A defendant having alleged his inability to pay the plaintiff's demand, the plaintiff admitted it, but maintained that though the defendant himself could not pay, he had an aunt who could ; and the judge, being of this opinion, made an order against the aunt. This is said to be a leading county court authority, and is com- monly cited as " My Aunt's Cage."'.
SURREBUTTER CASTLE 33 understood and ready for trial, he decides it, and there is an end of the matter.
What to read after The Genius of the Common Law?
You can find similar books in the "Read Also" column, or choose other free books by Pollock, Frederick, Sir, 1845-1937 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The plaintiff gives a concise statement or notice of his claim, and the defen- dant of his defense (where it is considered proper that he should do so) in plain English, unfettered by the technical rules of pleading. If either party really stands in need of further information, the judge requires it to be given; or if either party complains of surprise, and requires further time, he adjourns the trial upon just terms. The case being • But in Hayes's own preface there is a note on ' substantial ...justice ' which must not be overlooked. 'A good specimen of this favourite commodity is furnished in the following well-known decision: A defendant having alleged his inability to pay the plaintiff's demand, the plaintiff admitted it, but maintained that though the defendant himself could not pay, he had an aunt who could ; and the judge, being of this opinion, made an order against the aunt. This is said to be a leading county court authority, and is com- monly cited as " My Aunt's Cage."'.
SURREBUTTER CASTLE 33 understood and ready for trial, he decides it, and there is an end of the matter.
What to read after The Genius of the Common Law?
You can find similar books in the "Read Also" column, or choose other free books by Pollock, Frederick, Sir, 1845-1937 to read onlineMoreLess
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