Necessary Party - Law Dictionary Search Results
Pleading
the party pleading relies; but not the evidence by which they are to be proved,' and 'shall, when necessary, be divided into paragraphs numbered consecutively.' Consult Bullen and Leake, or Odgers on Pleading. A pleading has to
agreement
of contracting parties to the same terms [if they reach ] NOTE: Under common law, agreement is a necessary element of a valid contract. Under Uniform Commercial Code section 1-201(3), agreement is the bargain of the contracting … [by mutual ] b : unity of opinion, understanding, or intent ;esp : the mutual assent of contracting parties to the same terms [if they reach ] NOTE: Under common law, agreement is a necessary element of
Scandal
hear, or is contrary to decency or good manners, or which charges some person with a crime not necessary to be shown in the cause, to which may be added that any unnecessary allegation, bearing cruelly upon … to the cause, for however, offensive it be, if it be pertinent and material to the cause the party has a right to plead it. It may often be necessary to charge false representations fraud and immorality,
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Alimony
one of the conveyancing counsel of the Court to settle a proper deed to be executed by all necessary parties, and the Court may suspend pronouncing its decree until such deed shall have been executed. The court … regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it may deem reasonable, and for that purpose may refer the matter to one of the conveyancing counsel
Sequestratio
of both the parties that contend for it; it is twofold-voluntary, done by consent of all parties; and necessary, when a judge orders it, Civ. Law. … Sequestratio, the separating or setting aside of a thing in controversy, from the possession of both the parties that contend for it; it is twofold-voluntary, done by consent of all parties; and necessary, when a judge
Condition
conditional upon the conveyance and vice versa. Conditions may be imposed by the parties, either expressly or by necessary implication arising our of the construction of the document or agreement, or they may be implied bylaw according … of the purchase money is conditional upon the conveyance and vice versa. Conditions may be imposed by the parties, either expressly or by necessary implication arising our of the construction of the document or agreement, or they
Living separately
be living in different houses and yet they could live as husband and wife. What seems to be necessary is that they have no desire to perform marital obligations and with that mental attitude they have been … our mind not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof by force of circumstances, and yet they may not be living as
Restraint of trade
LC, but contracts in partial restraint of trade--that is, where the restraint does not extend further than is necessary for the reasonable protection of the party for whose protection it has been agreed to--are good, if made,
administrator
compare executor, personal representative administrator ad litem : an administrator appointed to represent an estate that is a necessary party to a lawsuit administrator cum testamento annexo : administrator with the will annexed in this entry administrator de
Lawful possession
though it does as to whether it is innocent or criminal. To establish 'lawful possession'. It is absolutely necessary for a party to prove with the documents which came into existence by lawful transactions and that aspect
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