Practice in Civil Actions at Law; In the Courts of Record for the State of Michigan with Forms

Practice in Civil Actions at Law; In the Courts of Record for the State of Michigan with Forms

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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. 1901 edition. Excerpt: ...whose ll pleading was demurred to accepting or joining in the issue in l8.W by a set form of Words, called a "joinder in demurrer." I' A joinder in demurrer is not now necessary, and, on the filing I of a demurrer, the _causc may be noticed for trial on the l sue of law by either party." '. W1 Chit. Pl. 696; Weston V.-.. Iounty, 102 Mich. 528. 41 Douglass v. Satterlce, 11.: -a. (N. Y.) 16; Dowsland v. rhmPB11 2 W-BL 910; M01=t==-1: '. Boston & F. Iron Works, 97 llass. 502. I 1 1 Chit. Pl. 697. ',4 A plaintiff to whose declaration a demurrer has been interposed may, upon investigation, )I'6f6l' not to go to trial on the demurrer to his pleading in the: ondition in which it has been demurred to, and, if such be tlt case, he may avail himself of the right to amend it in such 1-lespects as he deems desirable. The rule upon this subject is that the plaintiff, at any time within ten days after demurrer, may amend his declaration in matter of substance or form, ' of course, and without costs. unless the cause has been previorlisly noticed for trial, in which case special leave of court must be first obtained. The defendant, who has interposed a demurrer, also has the right to amend the same, within ten days after demurrer, in matter of substance or form, of course, and without' costs, unless the cause has been previously noticed for trial, in which case special leave of court must be first obtaiiied." No rule to amend is necessary, but a copy of the amended pleading, indorsed "Amended declaration," etc., as the case may be, is required to be filed and served, with a notice that the same is a copy of the pleading as amended." If the plaintiff amends his...show more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236836197
  • 9781236836199