Cases on Trial Practice in Civil Actions: Selected from English and American Courts
West Publishing Company, 1927 - Broj stranica: 1045
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Accord action affidavit agreed alleged allowed amendment amount answer appearance application attorney authority Bank brought called cause charge circuit circumstances City claim common consider consideration Constitution contract counsel damages decision defendant defendant's delivered determine directed district duty effect entered error evidence exceptions facts favor filed further give given granted ground held holding injury instruction issue judge judgment jurisdiction jurors jury Justice land matter meaning ment motion negligence notice objection opinion party person plaintiff plea pleadings practice present proceedings proper prove publication question railroad reason received record recover referred refused rendered resident reversed rule served sheriff statement statute sufficient suit summons Supreme Court sustained taken term testimony tion trial United verdict witnesses writ
Stranica 20 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
Stranica 14 - ... the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Stranica 400 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Stranica 84 - States, in cases where they apply;" and § 914 declares that "the practice, pleadings and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the Circuit and District Courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such Circuit or District Courts are held, any rule of court to the contrary notwithstanding.
Stranica 634 - It is urged by the appellant that the court erred in refusing to instruct the jury, as requested, that...
Stranica 238 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Stranica 441 - In addition to the demurrer to the evidence, one of the grounds of the motion for a new trial is that the verdict is against the evidence.
Stranica 262 - Court may also, in its discretion, allow a party to file his pleadings after the time limited therefor; and shall relieve a party from a judgment taken against him, through his mistake, inadvertence, surprise, or excusable neglect, and supply an omission in any proceedings, on complaint or motion filed within two years.
Stranica 402 - It Is the settled law of this court that when the evidence given at the trial, with all Inferences that the jury could justifiably draw from It, Is Insufficient to support a verdict for the plaintiff, so that such a verdict, If returned, must be set aside, the court Is not bound to submit the case to the Jury, but may direct a verdict for the defendant.
Stranica 134 - ... between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries and constitute no part of the territory of Kansas...