The New Jersey Practice Act of 1903: As Supplemented and Superseded by the Practice Act of 1912, and Practice Forms, with Supreme Court Rules Relating to Practice, and Complete Notes of Decisions Annotated Through and Including Pamphlet Laws 1916 and 97 Atlantic Reporter and 87 New Jersey Law Reports

James Morgan Sheen

Soney & Sage, 1916 - 628 Seiten

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Inhaltsverzeichnis

Index

Inhalt

Partners may appear in partnership name	1

Attorneys suable	2

Warrant of attorney when necessary 4 Attorney to declare whether summons was issued by his authority also residence of plaintiff	3

neglect or mismanagement of attorney liability for damages	4

Termination of authority by death removal from State	6

Taxed bill of costs to be filed before issue of execution penalty for failure to file 8 Particulars of costs received to be furnished by attorney on deman...	7

Attorney counsellors and solicitors may sue to recover fee bill of fee charges etc must be furnished client before suit	8

When attorney cannot become surety 11 Agreements out of court must be in writing	10

Rule in vacation to show cause why mandamus or quo warranto should not issue grant in vacation 251 Hearing argument in Supreme Court at cham...	198

Reference of motion to Supreme Court 253 Rules for expediting business 254 Powers of court to make rules regulating pleadings etc Circuit Court r...	199

CONSTRUCTION 255 Application of singular number and masculine gender term lands construed	200

Act concerning small causes not affected except in certain cases	201

Return of writs in municipal cases review of cause hear ing appeals time to take appeal in municipal cases	202

Short title and construction 261 Definitions 262 Single form of action	204

Parties 264 Parties when plaintiff made defendant 265 Parties who made defendant	205

Affidavits of security exceptions to sureties	206

Women may be attorneys	11

Title of actions unchanged on appeal 14 Names of state not to be made part of title 15 Docket and index on appeal	12

HOW TO PROSECUTE AND DEFEND 16 Who may sue or defend	13

Litigants must prosecute etc personally or by licensed attorney exception of infants 18 Guardian etc of infant may sue and defend action not to be st...	14

Choses in action arising on contract assignable suits by assignees setoffs assignments of sealed instruments	16

Suits by assignee where assignor is dead Defenses	20

Actions by husband and wife for injuries abatement	21

Action not abated by marriage	22

When married women may sue or be sued without jointure of husband Repealed 1912 p 384	23

23b Action in tort may be prosecuted separately by married woman 24 Executors or administrators considered as one judgment and execution	25

Qualified executors to act 26 Substitution of assignee or trustee 27 Parties to written instruments initials contraction of name how designated	26

Third person may sue on contract for his benefit	27

ACTIONS ON BILLS AND NOTES 29 Actions on bills and notes Repealed 1912 p 384	29

Verdict on setoff etc Repealed 33 Judgment may pass against any party to bill or note Re pealed 34 Application by party sued jointly for relief to whi...	30

Suits against unincorporated organizations by recognized	33

No action shall be defeated by nonjoinder Repealed	36

Objection to joinder Repealed	37

Amendments of writs and declaration Repealed	38

Immaterial omissions amendment	39

52b Sheriff may amend return	45

Capias ad respondendum affidavit to support bail	47

Arrest of one of several defendants form of process	54

Declaration by the bye not allowed process against	61

Justification of bail	65

Bail by surety companies in civil actions	71

Record book of recognizance kept by clerk of court	73

Special execution where resident defendant does not	77

WHEN FILED OUT OF TIME	80

Pleadings in action by township upon collectors bond	86

GENERAL PROVISIONS 113 Records kept together notice taken of pleadings filed 114 Express color and special traverse not necessary issue joined...	88

Superfluous counts consolidation of actions	89

Right to plead all defenses cost to follow judgment on that issue 117 Dilatory pleas Repealed	90

Plea in abatement Repealed	91

Copy of writing annexed cures defects in pleading same Repealed 120 Pleading usury or illegality 121 Pleas puis darrein continuance Repealed	94

Setoff considered cross action Repealed 11 AMENDMENT AND VARIANCE 123 Amendment of course before answer etc 124 Amendment after an...	95

Amendments to avoid variance	96

Amendment of defects as to form	97

DEMURRERS 127 Special demurrers Repealed	102

Joinder in demurrer Repealed 129 Issue of law first determined 130 Notice of argument of demurrer Repealed 131 Form of demurrer Repealed	103

Amendment of pleadings demurrer to Repealed X JUDGMENT BY DEFAULT AND ASSESSMENT OF DAMAGES 133 Default judgment entered i...	104

Grant of further time to plead on filing affidavits of merits 135 Opening or setting aside default judgment terms	105

Damages assessed on judgment by default	108

Plaintiff may enter rule for writ of inquiry defendant must file affidavit 138 Notice of writs of inquiry	109

Final judgment entry	110

Testimony taken at examination reduced to writing etc	116

Reference of accounts by Supreme Court justice postea	126

Taking papers in evidence by jury jurors as witnesses 159 General verdict not compelled but may be received	127

Delivery of verdict	128

Verdict on declaration containing good and bad counts	129

Writs of inquiry in detinue 163 Motion for new trial to precede motion in arrest of judg ment	130

Consolidation of actions apportionment of costs	131

Special verdicts 166 Preliminary hearing as to fraud in contract to determine whether defendant shall be held to bail	132

JUDGMENT	133

Inspection of judgment and process not necessary judg ment roll need not be made	134

Book of abstracts of judgment contents 169 Transcript of record of judgment as evidence cancella tion of record 170 Record of judgment in full rem...	136

Judgments signed by judge or clerk 172 Index to judgments fees	137

Minutes as evidence XIV EXECUTION 1 IN GENERAL	138

Execution on judgment no execution against executor etc except in case of false pleading	139

Indorsements	140

Return in term time or vacation 177 Judgments in Supreme Court stay	141

Division of money in controversy between execution cred itors 179 Property of principal to be exhausted before execution against surety	142

Stay of execution on judgment in action on judgment pending writ of error 181 Time for issuance of execution 182 Execution by survivors in case o...	143

Execution in name of executors etc 181 Substituted administrator may issue execution etc 185 Trustee in bankruptcy or assignee for creditors may iss...	145

Notice of motion	151

Proceedings on return	158

203a Venue	164

Trial of Supreme Court issue at circuit transcript	168

Certificate filed	174

Challenges making and trial	181

COSTS 229 Rights of plaintiff and defendants as to parties to pay costs on arrest of judgment	183

Costs in trespass actions involving title 232 Costs on removal of action by habeas corpus	189

Costs in personal actions in Circuit Court 234 Costs in cases in Circuit Court cognizable before small cause court 235 Recovery reduced by failure of ...	190

Costs in actions of tort cognizable in justices court 237 One bill of costs in suits on same paper 238 Costs on scire facias	191

Costs in assaults libel etc 240 One of several defendants may have costs	192

Costs on demurrer Repealed 242 Costs for or against State	193

Taxing costs 244 Retaxation expense	194

Order for payment of costs of printing	195

POWER OF THE COURT OR A JUDGE 246 Protection of property pending suit contempt	196

Orders etc of judge in vacation or term time 248 Motions to set aside judgment etc when made 249 Rule to show cause against setting aside fraudule...	197

Supreme Court to prescribe rules	216

Actions pending when this act takes effect proviso 294 Repealer SCHEDULE	217

RULES OF COURT UNDER THE PRACTICE ACT 1912	218

Extending time when 298 Forms 299 Rules may be suspended when II JOINDER OF PARTIES AND CAUSES OF ACTION 300 Personal representa...	219

Persons severally liable 302 Parties in alternative	220

When assignor and assignee may join 304 Assignment pending suit 305 Costs of defendant protection of defendant 306 Separate trials	221

Transactions explained 308 Joinder of causes of action	222

Objection for misjcinder waiver 309a Several causes of action answer thereto judgment execution III PLEADINGS 1 PLEADINGS GENERALLY 31...	223

Form of pleadings plain statement	224

Bills of particulars	225

Untrue statements 314 Statements not denied are admitted 315 Pleading according to legal effect adverse party apprised of state of facts	227

Joinder of issue denial a joinder	228

Objections to pleadings objections made on motion	229

Objections to pleadings 323 Motions grounds of motion specified 324 Matters arising after suit begun supplemental pleadings 325 Oyer copies of do...	230

Evasive denials not permitted 327 Certainty plain statements	231

Demands for relief 329 The complaint 2 THE COMPLAINT 330 Counts and paragraphs counts numbered 331 Alternative relief	232

THE ANSWER 332 Dilatory pleas certain pleas abolished objection on mo tion 333 Several defenses defenses separately stated	233

General and special denial	234

Tender payment into court effect of tender of money 336 Payment into court by defendant an admission 337 Payment into court acceptance by plain...	235

Payment into court jury not informed	236

Answer may be struck out and judgment final entered 352 Motion made on affidavit	239

Partial judgment 354 Terms of defense 355 No summary judgment entered without order of judge	240

PRELIMINARY REFERENCES 356 Supreme Court Commissioners 357 Summons how served time 358 Order by commissioner upon return of sum...	241

Two days notice motions 360 Plaintiff when nonpressed	242

DISCOVERY OF DOCUMENTS AND ADMISSION OF EXECUTION OF PAPERS 361 Production of books etc 362 Admissions made five days aft...	243

Assessment of damages on book account original book produced affidavit 366 Assessment of damages on negotiable instrument instru ment produce...	244

Assessment of damages writ of inquiry 368 Assessment before justice and by jury postea entry of final judgment writs of inquiry when returnable	245

Plaintiff and defendant to open case 370 Answers to written questions in rule to show cause state ment of case filed	246

Preparation of statement 372 Trial by referee force of award as verdict 373 Account reference to referee confirmation on notice 374 Cause referred e...	247

Precedence of causes on trial and argument at bar and circuit 376 Plaintiff fails to move causenonsuited review of order	248

Clerk at circuit to list causes correction of list listing by opposite party 378 Jury trials counsel limited to one hour proviso	249

One counsel shall examine or crossexamine witness NEW IX NEW TRIAL AS TO PART 380 Questions on new trial	250

New trial as to damages only 382 Rules 131 and 132 Secs 380 381 applicable to appeals when 383 New trial when jury disregards binding instructio...	251

Application for rule to show cause ex parte made within six days after verdict failure to make in time bar exception 386 Motion for new trial time to ...	252

Rule to show cause reasons served time argument on 388 Rule to show cause state of case on service of objection to case settlement of case by judge	253

On motion for rule to show cause one counsel a side can be heard 390 Judgment on rule entered nunc pro tune time X FINDINGS OF FACT BY CO...	254

Effect of general finding XI JUDGMENT 393 Filing postea staying execution	255

Failure to file postea waiver of verdict or finding XII APPEALS 395 Time of notice taking appeals	256

No severance all parties served notice 397 Grounds of appeal 398 Cross appeals	257

Separate action	267

Parties court may direct others brought into court	268

Nonjoinder misjoinder	269

Saving clause changes made by court not to impair	270

Joinder of causes of action causes may be joined	271

Counterclaim	272

Failure of consideration	273

Default in pleading	274

Summary judgment defense must be sincere	275

Summary judgment if answer struck	276

Preliminary reference	277

Admissions of certain facts	278

Reserving questions of law submitting case in alterna tive	279

Judgment execution	280

Forms of judgment	281

Judgment without pleadings judgment final	282

Amendments writs etc may be amended	283

Amendments new cause alleged	284

Bills of exception and writs of error abolished appeals may be taken error in final judgment	285

Appeals effect	286

Reversal or new trial on merits	287

Additional evidence on appeal new evidence admissible	288

Practice in the Court of Errors	289

Annexing copies of documents	317

Inconsistent counts and defenses	318

Objectionable pleadings	319

Counterclaim	340

Cross action 4 COUNTERCLAIM	341

Amount of recovery judgment for excess	342

Counterclaim copy to codefendant	343

Reply 5 REPLY	344

Special property facts showing to be pleaded	345

Unlawful taking and detainer	346

Defense by answer	347

348 Complaint annexed to summons	348

Answer filed time	349

Affidavits of merits action on contract proviso	350

Costs 291 Orders by a judge

Allowance to referee

Urheberrecht

Andere Ausgaben - Alle anzeigen

The New Jersey Practice Act of 1903: As Supplemented and Superseded by the ...
James Morgan Sheen
Keine Leseprobe verfügbar - 2018

The New Jersey Practice Act of 1903 as Supplemented and Superseded by the ...
James M. Sheen
Keine Leseprobe verfügbar - 2017

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Häufige Begriffe und Wortgruppen

affidavit aforesaid alleged amended annexed appear application arrest assignment attorney bail bond bond Cape May Point capias ad respondendum cause of action certified certiorari chose in action claim clerk commissioner Company complaint contract copy corporation Court of Errors debt declaration defendant defendant's demands as damages discharged dollars endorsed entered entitled execution fees fendant filed fraud habeas corpus Hudson County husband injuries issue Jersey City Jersey Supreme Court judge judgment jury justice lands liable ment motion municipal negligence NOTE notice officer order for bail paragraph party person plaint Plaintiff demands plea pleading postea Practice Act premises proceedings proof Railroad record recover rendered REPEALED by P. L. REPEALED SECTION CITED residing rule to show scire facias security for costs sheriff show cause statute suit summons SUPREME COURT RULES surety thereof thereto tion Title trial venue verdict

Beliebte Passagen

Seite 200 - 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.‎

Wird in 276 Büchern von 1816 bis 2005 erwähnt

Seite 97 - ... 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...‎

Wird in 188 Büchern von 1832 bis 1994 erwähnt

Seite 205 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...‎

Wird in 314 Büchern von 1777 bis 2006 erwähnt

Seite 201 - ... shall be the constables of the county, which service and execution shall be made in the same manner and...‎

Wird in 48 Büchern von 1776 bis 2005 erwähnt

Seite 173 - ... for a rule to show cause why a new trial should not be granted...‎

Wird in 248 Büchern von 1776 bis 2005 erwähnt

Seite 211 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.‎

Wird in 236 Büchern von 1819 bis 2004 erwähnt

Seite 114 - ... 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...‎

Wird in 53 Büchern von 1874 bis 1992 erwähnt

Seite 221 - ... against him ; but the court or a judge may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.‎

Wird in 143 Büchern von 1873 bis 1994 erwähnt

Seite 113 - 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.‎

Wird in 186 Büchern von 1848 bis 2004 erwähnt

Seite 199 - Orders for the effectual Execution of this Act, and of the Intention and Object hereof and for fixing the Costs to be allowed...‎

Wird in 58 Büchern von 1832 bis 1987 erwähnt

Bibliografische Informationen

Titel	The New Jersey Practice Act of 1903: As Supplemented and Superseded by the Practice Act of 1912, and Practice Forms, with Supreme Court Rules Relating to Practice, and Complete Notes of Decisions Annotated Through and Including Pamphlet Laws 1916 and 97 Atlantic Reporter and 87 New Jersey Law ...
Autor/in	James Morgan Sheen
Verlag	Soney & Sage, 1916
Original von	Harvard University
Digitalisiert	27. März 2008
Länge	628 Seiten

Zitat exportieren	BiBTeX EndNote RefMan

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