Equity Practice, State and Federal; With Statutes, Rules, Forms and Precedents Volume 2

Equity Practice, State and Federal; With Statutes, Rules, Forms and Precedents Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...specially charges fraud or combination, a plea to such part must be supported by an answer explicitly denying the fraud and combination and the several facts on which the charge is founded. (c) The complainant may set down the plea to be argued, or he may take issue on the plea, and in default of the complainant taking any action within twenty days the defendant shall be entitled as of course to a decree dismissing the bill, or so much thereof as is covered by the plea, unless the court allow defendant further time for the purpose. (d) If upon the argument the plea is overruled," the defendant shall be required to answer within such time as the court shall deem reasonable, and if the defendant make default, the bill, or so much thereof as the plea covered, shall be taken pro confesso, and the matter thereof proceeded in and decreed accordingly. (e) If, upon the argument, the plea is allowed, complainant may, within ten days after notice of such allowance, take issue upon the plea on payment of the costs of hearing thereon, unless he shall, within such ten days, move for leave to amend the bill, on which motion the court may allow such amendment on such terms as it may deem reasonable. Within ten days after the determination of such motion for leave to amend, the claimant may take issue on the plea upon the terms above provided. In default of such motion for leave to amend, or in case such leave is denied, and in default of taking issue on the plea, the bill, or so much thereof as is covered by the plea, shall be dismissed. (f) If, upon an issue, the facts stated in a plea be determined for the defendant, they shall avail him as ffll' as in law and equity they ought to avail him; if the facts are determined for the complainant, ...show more

Product details

  • Paperback | 406 pages
  • 189 x 246 x 21mm | 721g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236878434
  • 9781236878434