The New Jersey Practice Act: And the Centiorari, Quo Warranto and Mandamus Acts (revisions of 1903) : with Complete Notes of Decisions, History of the Sources of the Various Sections, and Schedules Showing where Old Sections are to be Found in the New Acts

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Soney & Sage, 1903 - 174 páginas
 

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Action by husband and wife 22 Action not to abate by marriage
9
When married woman living separate from husband may sue 24 Executors or administrators considered as one person 25 Qualified executors may su...
10
Initial letters Contraction of name 28 Rights of person for whose benefit contract is made 29 Actions on bills or notes Parties
11
Form of declaration on bills or notes 31 Judgment may be for or against one or more defendants Setoff
12
Verdict on setoff 33 Judgment may pass against any party to a bill or note 34 Party sued may apply for relief Rights and responsibilities of several pa...
13
Failure of attorney to file proper pleading
58
Pleadings and papers how filed Parties must take notice of the filing of pleadings 114 Express color Issue when joined 115 Striking out superfluous c...
59
Either party may plead several matters
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Dilatory plea how verified 118 Averment of performance of conditions precedent
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Copy of writing annexed to pleading or notice cures defect in setting it out 120 Usury or illegality of contract under a foreign statute must be pleaded...
62
Pleas puis darrein continuance 122 Notice of setoff considered crossaction 123 Pleadings may be amended of course 124 Amendment after pleading ...
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Amendment on variance 126 Court may amend defects in pleading
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Special demurrers abolished 128 Joinder in demurrer abolished 129 Issue of law to be first determined 130 Notice of argument of demurrer
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Form of demurrer 132 Pleadings demurred to may be amended X JUDGMENT BY DEFAULT AND ASSESSMENT OF DAMAGES 133 Judgment ...
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When judge may grant further time to plead 135 When judgment by default may be set aside or opened to let the defendant in to plea
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Assessment of damages on judgment by default 137 Rule for writ of inquiry When plaintiff may enter When de fendant may enter
71
Notice of writ of inquiry and of countermand Costs 139 When damages assessed by writ of inquiry final judgment entered only on order XI DISCO...
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Demand for admission in writing of the execution of any docu ment 142 Inspection and copy of books papers or documents
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Application shall be in writing and be verified
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Party to an action may be examined as witness by adverse party 145 Attendance of resident and nonresident party 146 Manner of conducting examin...
75
Fees of party examined and commissioner 148 Fees and costs how paid and taxed XII TRIAL 149 Notice of trial
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Notice of trial by defendant 151 Notice of trial to whom given Duty of sheriff or jailor Short notice of trial
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Countermand of notice of trial 153 Notice of trial when filed Duty of clerk
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Reference where matters of account are in controversy
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Justice at circuit may refer 157 Allowance to referee 158 Papers in evidence Jurors as witnesses
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Jury may give general verdict 160 Verdict Not necessary to call plaintiff Plaintiff cannot submit to nonsuit after jury retire Clerk may take verdict
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Of bad counts in declaration 162 Writ of inquiry and verdict in detinue 163 Motion for new trial and in arrest of judgment
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Consolidation of actions or crossactions 165 Special verdict and demurrer to evidence 166 Fact of fraud shall be inquired into on trial
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JUDGMENT 167 No inspection of judgment or judgmentroll 168 Final judgment how recorded
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Transcript of record evidence of judgment Cancellation 170 When record of judgment shall be made in full
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Judgments shall be signed by judge 172 Index to judgment fees 173 Minutes of court evidence until judgment recorded
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EXECUTION 174 Execution Against whom to issue
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Indorsements on execution 176 Execution when returnable 177 Execution on judgments in supreme court Court may direct under which execution s...
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Court may make order for payment of money into court in case of dispute between execution creditors 179 In actions against principal and surety co...
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When execution on second judgment stayed 181 When execution may issue 182 Death of one of several parties plaintiff 183 Death of sole party plai...
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Substituted administrator may have execution 185 Assignee may have execution 186 When execution may be sued out against real and personal estat...
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If one or more of several parties defendant die execution may issue but shall be operative against survivors only 188 Sheriff or other officer shall ret...
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MISCELLANEOUS PROVISIONS 190 Notice of special motion in matters of practice
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Notice of motion to strike out pleadings 192 Fee on filing notice of trial 193 Notice how served
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Court may require publication either in or out of this state
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Examination how conducted testimony how taken 198 Actions may be removed to supreme court if sum exceed 200
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On return of habeas corpus plaintiff shall be deemed in court
99
Rule to show cause a waiver of bills of exceptions except on points reserved
110
Circuit court may certify questions of doubt or difficulty to supreme court
111
Clerk to file certificate and enter rule setting cause down for argument 217 Error may be assigned on certified opinion 218 Damages and penalties ho...
112
Defendant may plead general issue
113
21 Recovery by covin no bar when prosecutor liable for proportion of penalty 222 When informer to pay costs 223 Preceding sections not to apply t...
114
When judge shall not sit in judgment upon the trial or argument of a cause
115
26 Judge not to act as clerk 227 Poor persons to have process gratis and counsel to be assigned
116
Supreme court examiners appointment powers XVI Costs 229 Party recovering shall have judgment for his costs Costs on arrest of judgment
117
When costs recoverable in supreme court
119
Costs in supreme court when title to lands come in question
120
Costs on removal by habeas corpus 233 Costs in the circuit court 234 Costs if cause of action is cognizable before the small cause or district court
121
Costs where amount recovered is reduced by defense of failure of consideration or recoupment
122
Costs on scire facias 239 osts in actions for assault etc or for slander or libel 240 osts in actions in tort replevin or ejectment
123
Costs on demurrer 242 State to recover but not pay costs 243 Costs how taxed
124
Costs how retaxed expense
125
Supreme court and court of errors may make order for payment of cost of printing etc XVII PowERS OF THE COURT OR A JUDGE 246 Order to p...
126
Justice may in vacation grant rule to show cause why fraudulent judgment should not be set aside 250 Justice may in vacation grant rule to show caus...
127
preme court 253 Rules for expediting business 254 Justices of the supreme court to make rules regulating pleading and practice Rules of practice for ...
128
CONSTRUCTION 255 Construction 256 This act not to affect proceedings in small cause court except as herein provided
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All notices may be given and received and all indorsements may be made by an attorney
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CERTIORARI
131
Writ may be allowed in term or vacation
133
Writ how allowed
134
Limitation on issuance of writ 4 Rule to show cause and stay 5 Reasons when filed Notice of argument Single justice may hear argument
135
Writ may be allowed to remove indictment Recognizance
136
Recognizance to whom delivered and when filed 8 Proceedings on removal of indictment
137
Recognizance required on removal of judgment or order of certain courts
138
Allowance of costs 11 When court to determine questions of fact
139
Proceedings when return is defective in certain cases 13 When court shall determine sum for which property is liable
140
Writ to review sale when applied
141
QUO WARRANTO 1 How information may be exhibited against an intruder into office or franchise 2 Judgment and costs
145
Leave to file in vacation practice and pleadings
146
Proceedings against person unlawfully holding municipal office or franchise 5 Relator to give bond
149
Rule on defendant to plead to be entered and served 7 Appearance of defendant Plea when filed Affidavit Further pleadings
150
Demurrer joinder unnecessary Hearing 9 Two days notice sufficient 10 Court always open for return of writ and motion 11 Upon judgment of ouster...
151
Title of both respondent and relator may be determined by the court 13 Certificate given on recount prima facie evidence of right to office
152
MANDAMUS
153
Writ how issued and directed Return 2 Proceedings when return is made Damages a
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Court may by special rule prescribe time to plead and make re turn 4 On final judgment writ of error may issue 5 Consolidation of applications for w...
159
When writ of error to remove proceedings to court of errors may be prosecuted and practice thereon 7 Illegality of tax or appropriation may be plea...
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Index
161
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Página 129 - Parties as well as One Person or Party, and Females as well as Males, and Bodies Corporate as well as Individuals, and several Matters and Things as well as One Matter or Thing, unless it otherwise be provided, or there be something in the Subject or Context repugnant to such Construction.
Página 84 - Upon any motion, petition, or summons evidence may be given by affidavit; but the Court or a judge may, on the application of either party, order the attendance for cross-examination of the person making any such affidavit.
Página 64 - ... whether the defect or error be that of the party applying to amend or not; and all such amendments may be made with or without costs, and upon such terms as to the...
Página 110 - ... for a rule to show cause why a new trial should not be granted...
Página 129 - ... shall be the constables of the county, which service and execution shall be made in the same manner and...
Página 73 - The Court before which an action is pending, or a Judge or Justice thereof, may, in their discretion, and upon due notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any books, papers and documents in his possession or under his control, containing evidence relating to the merits of the action or the defense therein.
Página 74 - ... a memorandum of the items of his costs and necessary disbursements in the action or proceeding, which memorandum must be verified by the oath of the party, or his attorney or agent, or by the clerk of his attorney...
Página 75 - A party to an action may be examined as a witness, at the instance of the adverse party, or of any one of several adverse parties, and for that purpose may be compelled, in the same manner, and subject to the same rules of examination as any other witness, to testify, either at the trial, or conditionally, or upon commission.
Página 27 - That he has assigned, removed or disposed of, or is about to dispose of, any of his property, with the intent to defraud his creditors; or 4. That the defendant fraudulently contracted the debt or incurred the obligation, respecting which such suit is brought.
Página 128 - Orders for the effectual Execution of this Act, and of the Intention and Object hereof and for fixing the Costs to be allowed...

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