A Treatise on Practice in the Civil Courts of Record of Pennsylvania (Volume I)


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This book has been considered by academicians and scholars of great significance and value to literature. This forms a part of the knowledge base for future generations. So that the book is never forgotten we have represented this book in a print format as the same form as it was originally first published. Hence any marks or annotations seen are left intentionally to preserve its true nature.




A Treatise on Practice in the Civil Courts of Record of Pennsylvania, Vol. 2 of 4 (Classic Reprint)


Book Description

Excerpt from A Treatise on Practice in the Civil Courts of Record of Pennsylvania, Vol. 2 of 4 In preparing such a case it is better to incorporate too many facts than too few, because the court cannot add to the facts included in the agreement.38 In general, everything not thus included are assumed not to exist, and the consequences must fall on the party having the burden of proof. But some things may be presumed. From the facts stated. Thus, if the case states the satisfaction of a mortgage, it will be presumed that the debt was extinguished.$5 Of course, the court cannot go outside of them in forming a decision.86 It is just as important that all the facts out of which the question arose should be stated, otherwise the court can render no decision.37 Should, therefore, the parties neglect to ascertain the sum for which the judgment is to be ren dered, the court ought not to proceed until the case is perfected. And if the parties refuse to do this, the case should be set aside. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.




A Treatise on Practice in the Civil Courts of Record of Pennsylvania, Vol. 1 of 4 (Classic Reprint)


Book Description

Excerpt from A Treatise on Practice in the Civil Courts of Record of Pennsylvania, Vol. 1 of 4 Much of the old has been retained to explain the new; thus while all reviews in the appellate courts are now called appeals, their essential nature has not been changed by applying one name to all; and the importance of understanding what is a writ of error and a certiorari is not lessened by the enactment of the law of 1889. Those who use volumes one and two are reminded that two more volumes will, in due time, appear treating of the different legal actions or remedies now in use, and that many matters which might have been presented in these volumes are reserved for presentation in them. Many, perhaps most matters, might be presented with equal appropriateness in the general chapter to which they relate, or in the chapter dealing with the particular action or remedy to which they are also related. If therefore they are not found in these volumes, the reader is besought to trust the revisers' statement that they are reserved for the other volumes. It certainly is their intention to include in the entire work all the principles and rules of practice and every important case applying to them. Another feature of the present edition is the addition of a very large number of forms. Besides those in volumes one and two, many more will appear in the two concluding volumes; in short, this edition will aim to give all the forms deemed most useful to the legal practitioner. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.







A Treatise on Practice in the Civil Courts of Record of Pennsylvania, Vol. 3 of 4 (Classic Reprint)


Book Description

Excerpt from A Treatise on Practice in the Civil Courts of Record of Pennsylvania, Vol. 3 of 4 While less importance is attached to the preservation Of the boundaries between the forms Of action than formerly, never theless they exist and must be defined. The reasons for guarding the distinctions between injuries and their different remedies, appear to be that they ascertain and define the precise matter in dis pute, which is essential to be known in consequence Of the various legislative provisions respecting costs; that by their aid we keep sight Of what is, and what is not actionable; that they prevent suits from being brought for acts, which, though blameworthy, the law does not consider as proper grounds Of action; that the law does not enforce all moral Obligations, nor consider civil actions as media of punishment for moral Offenses; and therefore, that if a plaintifi could prefer his complaint as he pleased, he would Often urge a breach Of the moral law: and that he would intro duce confusion by accumulating a variety Of matter, none Of which alone would support an action, but which together, might make a formidable appearance. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.













A Treatise on the Equitable Jurisdiction of the Courts of Pennsylvania


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Excerpt from A Treatise on the Equitable Jurisdiction of the Courts of Pennsylvania: With Notes of Pleading and Practice in Equity and an Appendix of Practical Forms The conflict which, for so many centuries, has been waged between the Professors of the Common Law, and those of the Civil Law of Imperial Rome, from which our system of Equity is mainly derived has not yet ceased. It is but the other day, that one of the most eminent of Pennsylvania jurists declared, that it was no ignorant prejudice, but high political wisdom, which caused our ancestors to refuse a Court of Chancery any place among their judicial institutions. And this prejudice, for it is nothing more, is, by the opponents of Equity, based on the supposed arbitrary principles of the Civil Law, from which it has been adapted to our own wants and habits. The two main objections which are urged against the Civil Law are, first, the celebrated political maxim of the Institutes. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.