A Treatise on the Modern Practice in Equity in the State and Federal Courts of the United States; With Particular Reference to the Practice in the Federal Courts. Including Numerous Forms and Precedents Volume 1

A Treatise on the Modern Practice in Equity in the State and Federal Courts of the United States; With Particular Reference to the Practice in the Federal Courts. Including Numerous Forms and Precedents Volume 1

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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. 1894 edition. Excerpt: ...--" It was formerly a rule that you could not demur and answer to the same matter, and as the demurrer was a reason for not answering, the subsequent filing of an answer overruled the demurrer. Now that a d. murrer may be inserted in an answer (Rule 13), there seems to be no longer any reason why a separate demurrer should be overruled by an answer filed subsequently." Fogg 1: . Price. 145 Mass. 513, 514.-l Equity Rule 32. 'United States v. American Bell Tel. Co., 30 Fed. Rep 528. cause such demurrer or plea shall not cover so much of the bill as it might by law have extended to."' "No demurrer or plea shall be held bad and overruled upon argument only because the answer of the defendant may extend to some part of the same matter as may be covered by such demurrer or plea." ' Whether the defendant may at the same time demur and answer to the whole bill is not settled.' In such a case it has been held that " the defendant must elect between his demurrer and his answer.... If he should elect his demurrer and it should be overruled on the argument, he would be held probably to have waived what ordinarily and otherwise would be under Rule 34 his right to answer."' 243. Specification of extent of demurrer.-Where a demurrer does not go to the whole bill, it must clearly express the particular part which it is designed to cover, so that upon a reference of the answer to the residue of the bill, upon exceptions for insufficiency, the master may be able to ascertain precisely how far the demurrer goes, --how much of the bill remains to be answered." A demurrer to such part of the bill as in certain interrogatories or "elsewhere" sought an answer, etc., ...show more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236822846
  • 9781236822840