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The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 18

The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 18


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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. 1900 edition. Excerpt: ...failing to reply after a demurrer to the replication has been sustained, and there be an appeal in which there is a reversal of the lower court's ruling upon the demurrer, there will also be a leversal of the judgment of non pros. Rutledge v. McAfee, 72 Md. 28. Dismissal of Petition for Mandamus.--Where the answer to a petition for a mandamus denies all the material allegations of the petition, and the petitioners file no replication and take no steps to form an issue of fact, the petition should be dismissed. People v. Hercer, 172 111. 271. Failure to Reply After Withdrawal of Demurrer.--Where the plaintiff withdraws a demurrer to a plea and afterwards fails to file replications, the defendant is entitled to judgment on the plea. Hunter r. Bilyeu, 39 111. 367. Demurrer to Replication Sustained.--A default for want of replication should not be entered where a replication has been successfully demurred to. Wade v. Doyle, 17 Fla. 522. Failure to Reply Admits Truth of Plea.--If, after objection made to the absence of a replication, the plaintiff does not file one, he should be regarded as admitting the truth of the plea. Amy v. Smith, 1 Litt. (Ky.) 337; Culver v. Uthe. 7 HI. App. 468. No Aider by Verdict.--Where an issue cannot be made by an addition of a similiter, and there should be a replication, its want is not aided by verdict. Baltimore, etc., R. Co. v. Faulkner, 4 W. Va. 180; State v. Douglass, 20 W. Va. 770; Ruffner v. Hill, 21 W. Va. '53 Reply to Notice of Defense, --In Mir hi gan, where the rules of court provide that the defendant may give notice to the plaintiff of matter of defense arising after the joinder of issue, a default should not be entered for the failure of the plaintiff to reply to such notice of defense, bul the case..


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Product Details
  • ISBN-13: 9781234058258
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 806
  • Spine Width: 41 mm
  • Width: 189 mm
  • ISBN-10: 1234058251
  • Publisher Date: 13 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1411 gr


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The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 18
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