Bulletin, 7. köideAmerican Judicature Society, 1917 |
From inside the book
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Page 56
... trial jurisdiction for every cause , however small the amount involved . But this is possible only in districts of compact population . The greater part of every state must continue to be rural and semi - rural and an overwhelming ...
... trial jurisdiction for every cause , however small the amount involved . But this is possible only in districts of compact population . The greater part of every state must continue to be rural and semi - rural and an overwhelming ...
Page 118
... trial or hearing of any cause or matter upon the merits , such further evidence ( save as to matters subsequent as aforesaid ) shall be admitted on special grounds only , and not without special leave of the court . The Court of Appeal ...
... trial or hearing of any cause or matter upon the merits , such further evidence ( save as to matters subsequent as aforesaid ) shall be admitted on special grounds only , and not without special leave of the court . The Court of Appeal ...
Page 119
... trial court could be given such a power would depend upon the scope of the clause protecting trial by jury . If no such power be given to the trial court , then the power to enter a judgment against the verdict of a jury might still be ...
... trial court could be given such a power would depend upon the scope of the clause protecting trial by jury . If no such power be given to the trial court , then the power to enter a judgment against the verdict of a jury might still be ...
Page 129
... trial . They are also excepted from an enforced retirement by the ju- dicial council after having served a given length of time and reached a certain age . It is submitted that these exceptions should be made and should be carried into ...
... trial . They are also excepted from an enforced retirement by the ju- dicial council after having served a given length of time and reached a certain age . It is submitted that these exceptions should be made and should be carried into ...
Page 135
... trial of causes without a jury involving sub- jects of substantive law with which he does not ordinarily deal . If any judges are required for the trial of causes in which only damages are sought and in which trial by jury is waived ...
... trial of causes without a jury involving sub- jects of substantive law with which he does not ordinarily deal . If any judges are required for the trial of causes in which only damages are sought and in which trial by jury is waived ...
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Popular passages
Page 95 - On every taxation the taxing officer shall allow all such costs, charges and expenses, as shall appear to him to have been necessary or proper for the attainment of justice or for defending the rights of any party...
Page 20 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities, without any amendment.
Page 19 - All persons may be joined in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Page 19 - The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law.
Page 1 - Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man.
Page 18 - If, on such a reference, one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent : Provided that the Court...
Page 4 - The Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, the President of the Probate. Divorce and Admiralty Division of the High Court of Justice...
Page 65 - ... any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire, or third arbitrator.
Page 3 - The business as well as the judicial administration of this court should be thoroughly organized so as to prevent not merely waste of judicial power, but all needless clerical work, duplication of papers and records, and the like, thus obviating expense to litigants and cost to the public.
Page 116 - ... of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision.