The New Jersey Practice Act of 1903: As Supplemented and Superseded by the Practice Act of 1912, and Practice Forms, with Supreme Court Rules Relating to Practice, and Complete Notes of Decisions Annotated Through and Including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

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Soney & Sage, 1916 - 628 halaman
 

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Superfluous counts consolidation of actions
89
Right to plead all defenses cost to follow judgment on that issue 117 Dilatory pleas Repealed
90
Performance of condition precedent may be averred gen erally specific pleading by opposite party
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Copy of writing annexed cures defects in pleading same Repealed 120 Pleading usury or illegality 121 Pleas puis darrein continuance Repealed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Setoff considered cross action Repealed 11 AMENDMENT AND VARIANCE 123 Amendment of course before answer etc 124 Amendment after an...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 12 DENURRERS
97
Special demurrers Repealed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Joinder in demurrer Repealed 129 Issue of law first determined 130 Notice of argument of demurrer Repealed 131 Form of demurrer Repealed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Amendment of pleadings demurrer to Repealed X JUDGMENT BY DEFAULT AND ASSESSMENT OF DAMAGES 133 Default judgment entered i...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
109
Written interrogatories served on adverse party answers
110
Failure of attorney to file pleadings opening judgment
112
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
Notice of writs of inquiry
138
Final judgment entry
139
IN GENERAL 174 Execution on judgment no execution against executor etc except in case of false pleading 175 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
143
Execution may issue against goods etc of deceased
145
Notice of motion
151
Proceedings on return
158
203a Venue
164
Time for issuance of execution
181
Execution by survivors in case of death
182
Execution in name of executors
183
Substituted administrator may issue execution etc 185 Trustee in bankruptcy or assignee for creditors may issue
185
execution
188
Formal notices may be given by attorney 258 Precedence of municipal cases in appellate courts ad vancement on list determined promptly decision ...
201
Return of writs in municipal cases review of cause hear ing appeals time to take appeal in municipal cases
202
Nonresident to give or make deposit
204
Trial of Supreme Court issue at circuit transcript
207
Contents of bill of exceptions Repealed
213
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
Indorsement of special note on information in an action
219
Persons severally liable 302 Parties in alternative
220
COSTS
221
Transactions explained 308 Joinder of causes of action
222
Objection for misjoinder waiver 309a Several causes of action answer thereto judgment execution III PLEADINGS 1 PLEADINGS GENERALLY 31...
223
Form of pleadings plain statement
224
Costs in cases in Circuit Court cognizable before small cause court
234
Recovery reduced by failure of consideration recoupment etc certificate of reasonable grounds
235
Costs in actions of tort cognizable in justices court
236
One bill of costs in suits on same paper
237
Costs on scire facias
238
Costs in assaults libel
239
Partial judgment 354 Terms of defense 355 No summary judgment entered without order of judge
240
One of several defendants may have costs 241 Costs on demurrer Repealed
241
Costs for or against State
242
Taxing costs
243
Retaxation expense
244
Order for payment of costs of printing
245
Protection of property pending suit contempt
246
Orders etc of judge in vacation or term time
247
Motions to set aside judgment etc when made
248
Rule to show cause against setting aside fraudulent judg ment grant in vacation
249
Rule in vacation to show cause why mandamus or quo warranto should not issue grant in vacation
250
Hearing argument in Supreme Court at chambers in vaca tion or term time
251
Reference of motion to Supreme Court
252
Rules for expediting business
253
Powers of court to make rules regulating pleadings etc Circuit Court rules
254
Application of singular number and masculine gender term lands construed
255
Act concerning small causes not affected except in certain
256
cases
259
Short title and construction
260
Definitions
261
Single form of action
262
Parties
263
Parties when plaintiff made defendant
264
Parties who made defendant
265
Parties executor etc may sue or be sued without join ing beneficiary
266
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 272 Counterclaim
271
Failure of consideration
273
Default in pleading
274
Summary judgment defense must be sincere
275
Summary judgment if answer struck
276
Preliminary reference 278 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
Costs 291 Orders by a judge
Allowance to referee
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Halaman 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.
Halaman 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...
Halaman 205 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...
Halaman 201 - ... shall be the constables of the county, which service and execution shall be made in the same manner and...
Halaman 173 - ... for a rule to show cause why a new trial should not be granted...
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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.
Halaman 199 - 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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