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Author : Abraham Caruthers
Publisher : Unknown
Page : 748 pages
File Size : 42,5 Mb
Release : 1919
Category : Civil procedure
ISBN : UOM:35128000465573
Author : Abraham Caruthers
Publisher : Unknown
Page : 716 pages
File Size : 42,8 Mb
Release : 1866
Category : Civil procedure
ISBN : OXFORD:501008714
Author : Abraham Caruthers
Publisher : Forgotten Books
Page : 706 pages
File Size : 52,5 Mb
Release : 2018-01-03
Category : Law
ISBN : 0428272894
Excerpt from History of a Lawsuit The system of pleading which it teaches, and which pre vails in Tennessee and in some other States, is not common law pleading, neither is it what is commonly designated code pleading. It is a modification of the common law, containing few, if any, of the objectionable features of that system. But the modification does not go to the ex tent of reducing it to the level of code pleading. The technicalities of the ancient forms are disregarded on the one hand, and the dangerous laxity of the code system avoided on the other. It occupies, as I conceive, the mid dle ground between the two, possessing the excellencies of both, the faults of neither. The difierences existing between it and the other two are the occasion of frequent comment and illustration in the book, which should be read to be fully appreciated. 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.
Author : Abraham Caruthers
Publisher : Theclassics.Us
Page : 220 pages
File Size : 48,6 Mb
Release : 2013-09
Category : Electronic
ISBN : 1230286845
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ...caused an alias execution to issue after a failure to return the original in due time. The non-return of the original fixes the Sheriff's liability, aud the attempt to make the money out of the defendant cannot be construed into a relinquishment of his right against the Sheriff. (Meigs' Dig., p. 946; 2 Swan, 442.) We have seen that the actual payment of the money by the defendant to the plaintiff, after the Sheriff's default, does not exonerate him. The fact that the plaintiff authorized him to return the execution to be renewed, has no other effect than to postpone the sale under that writ, and to obtain another. It is no legal excuse for his not returning it. (Beshears vs. Warner, 5 Sneed, 676.) FOR AN INSUFFICIENT RETURN. 485. We have seen in sec. 475 what is a sufficient return, and have given some instances of insufficient ones. There is to be observed a difference between a return which may indicate negligence in the Sheriff, and one which is insufficient. Thus an execution may issue and be delivered to him 30th June, returnable 13th September; and his return may show that it was levied 1st September, on goods. So great a lapse of time would indicate that he had not been sufficiently diligent in hunting for property. His return may show further, that when he did levy, at so late a day, he took a bond for the delivery of the property on the 13th, the return day of the writ, and the bond was then forfeited. This return is sufficient; it shows a levy on property in time to sell before the return day, and a reason why it was not sold, and the money made, that is, the forfeiture of the delivery bond. The Court cannot say that the Sheriff was guilty of negligence. He might have searched for property with all diligence, and not been able...
Author : Abraham Caruthers
Publisher : Unknown
Page : 720 pages
File Size : 48,5 Mb
Release : 1888
Category : Civil procedure
ISBN : UOM:35112104210952
Author : Frank J. Vandall
Publisher : Oxford University Press, USA
Page : 262 pages
File Size : 40,7 Mb
Release : 2011
Category : Law
ISBN : 9780195391916
The unique focus of the book is first, to argue that civil justice no longer rests on historic foundations such as precedent, fairness, and impartiality, but has shifted to power and influence. Vandall contends that reform in the law (legislative, judicial, and regulatory) is today driven by financial interests, not precedent, not a neutral desire for fairness, and not to "make it better," and he uses products, cases, and policies for much of his argument. He characterizes these policies as a shift from a balanced playing field, negligence, to one that favors injured consumers. The strict liability foreshadowed by Judge Traynor, in Escola v. Coco Cola (1944), was not adopted until 1962, when Traynor wrote the majority opinion in Greenman v. Yuba Power Products for the California Supreme Court. Second, the book examines the role of persuasive non-governmental agencies, such as the American Law Institute, in reforming and shaping civil justice. --
Author : Caruthers
Publisher : Unknown
Page : 128 pages
File Size : 53,9 Mb
Release : 1882
Category : Electronic
ISBN : OCLC:1017911731
Author : Deborah E. Lipstadt
Publisher : Harper Collins
Page : 402 pages
File Size : 42,6 Mb
Release : 2006-04-04
Category : History
ISBN : 9780060593773
In her acclaimed 1993 book Denying the Holocaust, Deborah Lipstadt called putative WWII historian David Irving "one of the most dangerous spokespersons for Holocaust denial." A prolific author of books on Nazi Germany who has claimed that more people died in Ted Kennedy's car at Chappaquiddick than in the gas chambers at Auschwitz, Irving responded by filing a libel lawsuit in the United Kingdom -- where the burden of proof lies on the defendant, not on the plaintiff. At stake were not only the reputations of two historians but the record of history itself.
Author : Abraham Caruthers
Publisher : Unknown
Page : 670 pages
File Size : 42,9 Mb
Release : 1860
Category : Circuit courts
ISBN : OCLC:1316807841
Author : Abraham Caruthers
Publisher : Unknown
Page : 670 pages
File Size : 53,7 Mb
Release : 1879
Category : Civil procedure
ISBN : OCLC:2995785
Author : Franklin Harvey Head
Publisher : Legare Street Press
Page : 0 pages
File Size : 46,8 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 1020156929
In this fascinating work, the author takes an in-depth look at a landmark lawsuit that took place in early America and its wider historical context. He examines the legal and social issues that were at stake, and how the outcome of the case affected the lives of the people involved. He also sheds light on the cultural and political climate of the time, and how it shaped the course of American history. This is an essential read for anyone interested in the early history of the United States and the development of its legal system. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Jonathan Harr
Publisher : Vintage
Page : 513 pages
File Size : 55,9 Mb
Release : 2011-08-10
Category : True Crime
ISBN : 9780307804785
#1 NATIONAL BESTSELLER • NATIONAL BOOK CRITICS CIRCLE AWARD WINNER • The true story of one man so determined to take down two of the nation's largest corporations accused of killing children from water contamination that he risks losing everything. "The legal thriller of the decade." —Cleveland Plain Dealer Described as “a page-turner filled with greed, duplicity, heartache, and bare-knuckle legal brinksmanship" by The New York Times, A Civil Action is the searing, compelling tale of a legal system gone awry—one in which greed and power fight an unending struggle against justice. Yet it is also the story of how one man can ultimately make a difference. Representing the bereaved parents, the unlikeliest of heroes emerges: a young, flamboyant Porsche-driving lawyer who hopes to win millions of dollars and ends up nearly losing everything, including his sanity. With an unstoppable narrative power reminiscent of Truman Capote’s In Cold Blood, A Civil Action is an unforgettable reading experience that will leave the reader both shocked and enlightened. A Civil Action was made into a movie starring John Travolta and Robert Duvall.
Author : Bruce Granville Miller
Publisher : UBC Press
Page : 214 pages
File Size : 51,9 Mb
Release : 2024-03-20
Category : Social Science
ISBN : 9780774820738
In many western countries, judicial decisions are based on “black letter law” – text-based, well-established law. Within this tradition, testimony based on what witnesses have heard from others, known as hearsay, cannot be considered as legitimate evidence. This interdiction, however, presents significant difficulties for Aboriginal plaintiffs who rely on oral rather than written accounts for knowledge transmission. This important book breaks new ground by asking how oral histories might be incorporated into the existing court system. Through compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence, Oral History on Trial traces the long trajectory of oral history from community to court, and offers a sophisticated critique of the Crown’s use of Aboriginal materials in key cases. A bold intervention in legal and anthropological scholarship, this book is a timely consideration of an urgent issue facing Indigenous communities worldwide and the courts hearing their cases.
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 43,7 Mb
Release : 2007
Category : Law
ISBN : 1590318730
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : James D. Zirin
Publisher : All Points Books
Page : 288 pages
File Size : 40,7 Mb
Release : 2019-09-24
Category : Political Science
ISBN : 9781250201638
A comprehensive analysis of Donald Trump's legal history reveals his temperament, methods, character, and morality. Unlike all previous presidents who held distinguished positions in government or the military prior to entering office, Donald Trump's political worldview was molded in the courtroom. He sees law not as a system of rules to be obeyed and ethical ideals to be respected, but as a weapon to be used against his adversaries or a hurdle to be sidestepped when it gets in his way. He has weaponized the justice system throughout his career, and he has continued to use these backhanded tactics as Plaintiff in Chief. In this book, distinguished New York attorney James D. Zirin presents Trump's lengthy litigation history as an indication of his character and morality, and his findings are chilling: if you partner with Donald Trump, you will probably wind up litigating with him. If you enroll in his university or buy one of his apartments, chances are you will want your money back. If you are a woman and you get too close to him, you may need to watch your back. If you try to sue him, he's likely to defame you. If you make a deal with him, you had better get it in writing. If you are a lawyer, an architect, or even his dentist, you'd better get paid up front. If you venture an opinion that publicly criticizes him, you may be sued for libel. A window into the president's dark legal history, Plaintiff in Chief is as informative as it is disturbing.
