Book Description

Excerpt from Michigan Judicature Act of 1915, and New Jersey Chancery Act of 1915: With Notes Chapter XV provides that supplementary pleading show ing new matters arising since the original pleadings were filed, may be filed by either party by leave of court as in Federal Equity Rule 34. By Section 2 of Chapter XI of the new act it is provided that if any suit commenced in equity should have been brought on the law side, or if it appear that an action commenced on the law side should have been brought in equity, it shall be forthwith transferred to the other side and be there proceeded with, with only such alterations in the pleadings as shall be essential, as in Federal Equity Rule 22. This provision is also in force in Maine, Massachusetts and Maryland. The above changes are the most important affecting old methods of chancery pleading and practice. It may be noted that Chapter VIII, Section 1, which provides for the joinder and severance of causes of action and the consolidation of actions, does not abolish multifarious ness proper which is the uniting in one distinct causes of action against several defendants in some of which causes one defendant is concerned, but not in others. But it is in line with the tendency of the courts to treat mis joinder and multifariousness more as a matter that con cerns the convenience and discretion of the court itself in the trial of causes. 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.