 every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when...  The Northampton County Reporter - Page 681921Full view - About this book
 | Law - 1922 - 262 pages
...Act of 1915, requires that "Every pleading shall contain in a concise and summary form a statement of the material facts on which the party pleading relies for his claim," and not merely the amount of it. Under the decision of the courts construing this Act in actions of... | |
 | Law - 1921 - 268 pages
...1921. The reasons upon which the motion is based are stated as follows: ist. The statement is not in concise and summary form of the material facts on which the party relies for their claim as required by the fifth section of the Practice Act of 1915. 2nd. The allegations... | |
 | Henry Clay Brubaker, Charles Israel Landis, George Ross Eshleman, Issac Clinton Arnold - Law - 1921 - 632 pages
...statement does not meet the requirements of the Practice Act. The fifth section of the Act says : " Every pleading shall contain, and contain only, a...the party pleading relies for his claim or defense, but not the evidence by which they are to be proved, or inferences or conclusions of law, and shall... | |
 | Robert William Andrews - Appellate procedure - 1883 - 792 pages
...CPD 34. A). xix. 4. 4. Every pleading shall contain, and contain only, TcMiontain & statement in a summary form of the material facts on which the party pleading' relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary,... | |
 | Augustine Robert Whiteway - Procedure - 1883 - 904 pages
...See 0. 81. Content*. 4. Every pleading shall contain, and contain only, a statement I'M a #um>n<iry form of the material facts on which the party pleading relies for Ms claim or defunct, as the case may be, but not the evidence by which they are to be proved, and shall,... | |
 | Henry Roscoe - Evidence (Law) - 1884 - 834 pages
...amendment are given. By O. xix., r. 4, " every pleading shall contain and contain only a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved." R. 6. " In all cases... | |
 | John Herbert Slater - Copyright - 1884 - 530 pages
...cross-examine the witness (WiyJttman v. Wheelton, 28 Beav. 397). Every pleading must contain a statement in a summary form, of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not of the evidence by which they are to be proved. The rules relating... | |
 | John Cunningham (barrister-at-law.), Sir Miles Walker Mattinson - Actions and defenses - 1884 - 848 pages
...defendant to avail himself thereof. 4. Every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary,... | |
 | Nova Scotia - Court rules - 1884 - 794 pages
...thereof. (E. 199.) ibea 4. Every pleading shall contain, and contain only, a summary state. statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved, and shall, when necessary,... | |
 | Richard Hallilay - Equity pleading and procedure - 1884 - 358 pages
...the same, if he acts in person. (6) Every pleading must contain, and contain only, a statement in a summary form of the material facts on which, the party pleading relies, but not the evidence by which they are to be proved, and must, when necessary, be divided into paragraphs,... | |
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