Decisions on Federal Rules of Civil Procedure: bulletin, Issues 40-49Department of Justice., 1939 |
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Common terms and phrases
affidavit affirmative defense Air Lines amended complaint answer applicable attorney August 9 bill of particulars caso cause of action Circuit Court Civil Action Civil Procedure claim Colonial Coverlet Corporation counterclaim Court of Appeals damages declaratory judgment defendant's definite statement denied depositions directed verdict District Court District of Pennsylvania Eastern District Editorial Headnote entitled Equity evidence examination facts Federal Courts Federal Rules filed filod granted ground interrogatories issue Judgment on Pleadings jurisdiction matter Motion for bill motion for judgment motion for summary motion to dismiss motion to strike Motion--Motion for Judgment notice opinion paragraph party defendant patent suit person plaintiff plaintiff's motion Pleading or Motion--Motion Pleadings Subdivision ploading prior proceedings provides question relief Rule 12 Rule 33 Rule 56 Rules of Civil Rulo September Southern District stato statute of limitations subpoena summary judgment Supp third party tion Trust undor United York August York July
Popular passages
Page 6 - A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.
Page 21 - Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.
Page 14 - Rule 33, after proper service of such interrogatories, the court on motion and notice may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party.
Page 7 - To dismiss the action because the complaint, as amended, fails to state a claim against the defendant upon which relief can be granted.
Page 46 - On every writ of error or appeal the first and fundamental question is that of jurisdiction, first, of this court, and then of the court from which the record comes. This question the court is bound to ask and answer for itself, even when not otherwise suggested, and without respect to the relation of the parties to it.
Page 1 - The very purpose of Federal Rule 14 is to avoid two actions which should be tried together. This saves time and expense. Here the third party complaint tenders to the plaintiff another defendant, who, it is alleged, is liable to her for all of the claim she is asserting against the original defendant. This is permissible under the rule, and in that respect the federal procedure differs from that of the State codes. The latter require that the third party defendant be liable wholly or in part to the...
Page 26 - The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.
Page 11 - Infants or Incompetent Persons. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative he may sue by his next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for...