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An Exposition of the Principles of Pleading Under the Code of Civil Procedure

An Exposition of the Principles of Pleading Under the Code of Civil Procedure


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About the Book

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. 1896. Excerpt: ... PART V. APPLICATION OF PRINCIPLES. 387. Scope and Divisions of this Part.--The ultimate end of procedure, speaking comprehensively, is the conservation of rights; its immediate purpose, speaking discriminately, is the application of substantive law to operative facts. Having set forth and explained the formal pleadings, and the general rules by which they are to be constructed and adapted in the conduct of procedure, it is proposed now to furnish some practical guidance for the application of the general principles of pleading to particular instances of actual or threatened violence to private rights. This is the ultimate object toward which all that precedes has tended, and to which it is designed to be subservient. It is at this decisive juncture--the application of legal principles to the actual affairs of life--that the lawyer meets his greatest difficulty; and it is by judicious discrimination at this critical point that the careful lawyer lays the foundation for his ultimate triumph. When we come to apply the substantive law to an actual combination of circumstances, through the intervention of a court, at the suit of one party against another, a series of progressive steps are to be taken, and some questions of practical importance and of serious consequence must, at the outset, be considered and determined. These preliminary considerations involve inquiries (1) as to whether there is a right of action, (2) as to what persons should be parties to the action, (3) as to the court that may properly take cognizance thereof, and (4) as to the substantive law that must be.applied to the facts in the case. CHAPTER XXV. DISCOVERING A RIGHT OF ACTION. I. ACTIONS FOUNDED ON RIGHTS AND DELICTS. 388. Composition of Remedial Rights.--An action is a proceeding i...


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Product Details
  • ISBN-13: 9781150105531
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 204
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1150105534
  • Publisher Date: 18 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 372 gr

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