Brief for the Argument of Questions Arising Upon the Pleadings on the Trial of Issues of Law or Fact in Civil Actions at Law, in Equity, and Under the New Procedure (Classic Reprint) - Hardcover

Austin Abbott

9780260487001: Brief for the Argument of Questions Arising Upon the Pleadings on the Trial of Issues of Law or Fact in Civil Actions at Law, in Equity, and Under the New Procedure (Classic Reprint)

Hardcover

ISBN 10: 0260487007 ISBN 13: 9780260487001

Publisher: Forgotten Books, 2018

Excerpt from Brief for the Argument of Questions Arising Upon the Pleadings on the Trial of Issues of Law or Fact in Civil Actions at Law, in Equity, and Under the New Procedure

The rules applicable at the opening of a trial of issues of fact, before going into evidence, assume that the present is a fit occasion, but leave open the ques tions whether the pleadings present a question within the jurisdiction of this court, and are all indispensable parties before the court; and may introduce the further questions, What mode of trial do the contents of these pleadings call for, and in what order shall the parties and issues be heard?

The opening by counsel, and the resulting reception of evidence, introduce such modification of this aspect of the case as is required by the practical con struction thus actually put by the parties in the presence of the court upon the language in which they have framed the issue.

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