A Primer in Equity Pleading and Procedure; Being a Series of Lectures Delivered Before Students of the Law Department of the University of Minnesota

A Primer in Equity Pleading and Procedure; Being a Series of Lectures Delivered Before Students of the Law Department of the University of Minnesota

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...but in the American practice a more liberal rule obtains and in such case if a demurrer to the relief be sustained the bill may still be retained as a bill for discovery. /Otherwise a demurrer to relief operates as a demurrer to the whole bill. / A statement of the grounds for demurrer to the relief will be found in Story's Equity Pleading, Sections 466 to 544, b). Demurrers To Discovery. Bills merely for discovery have given rise to a great deal of litigation and demurrers to such bills, demurrers to discovery, present many delicate questions. These are discussed at length in Story's Equity Pleading, Sections 545 to 610 a. 1 Where the bill is for discovery and prays relief, the defendant may, if he pleases, demur to the relief and answer to the discovery. But he cannot demur to the discovery and answer to the relief, when the discovery sought is merely incidental to the relief. c). Demurrers To Particular Interrogatories. Further the defendant may demur to any particular interrogatory in a bill on the following special grounds: fa). That it is immaterial to the purposes of the suit; b). That the answer may subject the defendant to a penalty or forfeiture, or would compel him to criminate himself, or would have a tendency thereto; c). That it would involve the breach of some confidence which it is the policy of the law to preserve inviolate; d). That the matter sought to be discovered appertains to the title of the defendant and not to that of the plaintiff; e). That defendant is a bona fide purchaser without notice for value (a)/ Of course in all cases of demurrer it is understood that the defect must be apparent on the face of the bill. Care should be taken in drawing a demurrer not to include some part which is good along with what is...show more

Product details

  • Paperback | 34 pages
  • 189 x 246 x 2mm | 82g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236677420
  • 9781236677426