Fact Pleading - Law Dictionary Search Results
fact pleading
Matched in: Term fact pleading
Joinder in pleading
Matched in: Term Joinder in pleading
pleading
Matched in: Term pleading
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Material facts and material particulars
the other hand the use of particulars is intended to meet a further and quite separate requirement of pleading imposed in fairness and justice to the returned candidate. Their function is to fill in the picture of … Material facts and material particulars, all those facts which are essential to clothe the petitioner with a complete cause of
plead
or other legal proceeding ;esp : to answer the pleading or charge of the other party by denying facts therein stated or by alleging new facts [the defendant shall be given a copy of the indictment or
Demurrer
Demurrer [fr. demoror, Lat.; or demorrer, Fr., to wait or stay], a pleading which admits the facts as stated in the pleading of the opponent, and referring the law arising thereon to the judgment of
Cause of action
the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & … Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit.
Payment of Money into Court
slander, pay money into Court with a defence denying liability,' which he could not do before 1883. The fact that money has been paid into court may not be mentioned to the jury, (English) R.S.C., Ord. XXII., … No such plea was known to the Common Law; it is entirely the creature of Statute (Odgers on Pleading). By the (English) C.L.P. Act, 1852, s. 70, the defendant in all actions (except for assault and battery
Record
Supp 2 SCR 547. [Income Tax Act, 1922, s. 35(1)] A record is a formal writing of any fact or proceedings; anything entered in the rolls of a court, Superintendent and Remembrancer of Legal Affairs on behalf … merged in the Central Office there. See (English) R.S.C. Ord. LXI. Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30,
Discovery
or disclosing matter. The Courts of Common Law were originally unable to compel a litigant to disclose any fact resting merely within his knowledge, or discover any document in his power, which would aid in the enforcement … to the plaintiff's case about to come on for trial, and which the defendant does not by his pleading admit. (2) The right of a plaintiff in equity to the benefit of the defendant's oath is limited
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