Necessary Party - Law Dictionary Search Results
New trial
the Court will grant a new trial (which has usually been upon payment of costs) if it be necessary, in order to do justice between the parties; but the discovery of witnesses who can contradict those produced … from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying
Inspection of written documents
or under the control of such opposite party relating to such action or other legal proceeding, and if necessary to take examined copies of the same, or to procure the same to be duly stamped. Even prior
trust
creation of a trust that is not expressly created by the parties and esp. when a trust is necessary to avoid an inequitable result or to prevent fraud individual policy pension trust : an insurance trust created … trust 1 a : a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party who holds equitable title to the
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Mental cruelty
asked to put up with such conduct and continue to live with the other party. It is not necessary to prove that the mental cruelty is such as to cause injury to the health of the petitioner,
Revivor
entitled to issue execution, make an order to that effect, or may order that any issue or question necessary to determine the rights of the parties shall be tried in any of the ways in which any … any change has taken place by death or otherwise in the parties entitled or liable to execution, the party alleging himself to be entitled to execution may apply to the Court or a judge for leave to
consideration
the act or promise of another see also contract compare motive NOTE: Except in Louisiana, consideration is a necessary element to the creation of a contract. The consideration must result from bargaining by the parties, and must … consideration : something (as an act or forbearance or the promise thereof) done or given by one party for the act or promise of another see also contract compare motive NOTE: Except in Louisiana, consideration is
Conduct-money
such reasonable sums of money' for his expenses, 'as having regard to the distance of the places is necessary,' is to forfeit 10l., and yield further recompense to the party grieved, etc.; and see Hallett v. Mears,
Publication
a party. As to publication of banns of marriage, see MARRIAGE. Publication of a will is no longer necessary, the proper attestion of two witnesses taking the place of the 'publication,' i.e., the declaration by the testator
Mandate
and service are the principal objects of the parties, and the thing is merely accessorial. Three things are necessary to create a mandate: (1) that there should exist something which should be the subject of the contract, … The distinction between a mandate and a deposit is that in the latter the principal object of the parties is the custody of the thing; and the service and labour are merely accessorial. In the former, the
Compounding
common informers may be compounded by leave of the Court; this leave of the Court, however, is not necessary in actions by the party grieved.
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