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Practice and Pleading Under the Codes, Original and Amended; With Appendix of Forms

Practice and Pleading Under the Codes, Original and Amended; With Appendix of Forms


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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. 1852. Excerpt: ... CHAPTER III. OF THE FORMAL PROCEEDINGS ON APPEALS TO THE COURTS OF HIGHER JURISDICTION. The formal proceedings common to appeals in the higher tribunals in general, or to any large class of those appeals, are proposed to be considered in the present chapter; the separate practice of each peculiar jurisdiction being treated of subsequently, under its proper head. In appeals of whatever nature, whether from a judgment or an order, the service of a notice of appeal is, in all cases, the first proceeding. The form and incidents Qt this notice are thus prescribed by section 327: 327. An appeal mustbe made by the service of a notice in writing, on the adverse parity, and on the clerk with whom the judgment or order appealed from is entered, stating the appeal from the same or some specified part thereof. When a party shall give, in good faith, notice of appeal from a judgment or order, and shall omit through mistake, to do any other act neeessary to perfect the appeal or to stay "proceedings, the court may permit an amendment, on such terms as may be just. i j The notice to be so given need not state the grounds relied on. "It is enough if it specify what part of the judgment it is intended to review upon appeal."--Wilson v. Allen, 3 How. 369; 2 C. R. 26; 7 L. O. 286. Where, however, part only of a judgment is sought to be reviewed, the portion so impeached must be distinctly and fully specified upon the notice, as, in that case, only such parts of that judgment as are actually appealed from, can be reviewed.--Kelsey v. Western, 2 Comst. 500. The principle of these two cases is equally applicable to appeals from orders. Forms of the usual notice of appeal will be found in the Appendix. The name of the court must be properly stated, or the notice will be...


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Product Details
  • ISBN-13: 9781150370861
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 332
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1150370866
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 594 gr


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