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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 ...Show synopsisThis 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. 1882 Excerpt: ...alleged upon the other, coupled with an allegation of new facts, which justify or excuse or change the legal character of the facts admitted, which admission and allegation are called a confession and avoidance. A demurrer creates an issue of law. A traverse creates an issue of fact. A confession and avoidance may be traversed, or answered by another confession and avoidance, or by a demurrer; in the end, however, always terminating in a traverse, raising an issue of fact, or in a demurrer, raising an issue of law. Read 3 Bl. Comm., pp. 314-324. Bac. Abr., Pleas and Pleadings H, N. Com. Dig., Pleader G, Q, R 1-16. 1 Chitty Pl., pp. 604, 653, 654, 660-670. Stephen Pl., pp. 44, 52-59, 137-240. Gould Pl., Ch. i, 2-25; Ch. vii; Ch. ix, l-46. 2 Tidd Prac., pp. 750-773. 284. Of the Jurisdiction of Courts. The jurisdiction of a court is defined bylaw, and depends upon the character of the parties-litigant, and upon the subject-matter of the controversy. Where no jurisdiction has been given by law to the court over the subject-matter of the controversy, all proceedings in regard to it must inevitably be void; and the court should at once dismiss the action, whenever the want of jurisdiction becomes apparent. If the want of jurisdiction is dependent on the character of the parties-litigant, it can be waived, and will be waived in case they suffer the action to proceed without objection. Read Gould Pl., Ch. v, 14-25. Cooley Const. Lim., pp. 398-407. 285. Of Pleas to the Jurisdiction. An objection to the jurisdiction of a court may be taken either by motion or by plea. When the character of the parties and the subject-matter are so far disclosed by the process, or by the process taken in connection with the declaratio...Hide synopsis
Description:Good. No Jacket. Writing or markings on some pages, book is...Good. No Jacket. Writing or markings on some pages, book is heavily aged and worn with some light spots.
Description:Poor with no dust jacket. HB. First Edition. Grey cover w/gold...Poor with no dust jacket. HB. First Edition. Grey cover w/gold lettering on spine. Cover shows wear and spine lettering faded. Hinges cracked at front and back covers. Some pencil writing on first black endpaper and inside back cover. 379 pages. Textbook.
Description:Good. No dust jacket. Ex-library. Ex-libris with all the usual...Good. No dust jacket. Ex-library. Ex-libris with all the usual markings and labels, but otherwise clean and tight copy. xliv, 762 p. 23 cm. New ed., rev. and enl. with references to nearly five thousand prescribed collateral readings from more than two hundred standard treatises on all departments of the common law.
Description:New. This item is printed on demand. It may have numerous typos...New. This item is printed on demand. It may have numerous typos or missing text. It may be neither illustrated nor indexed.