Civil Procedure of the Trial Court in Historical Perspective

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The Lawbook Exchange, Ltd., 2005 - 534 страници
Reprint of a title from the Judicial Administration Series published by the National Conference of Judicial Councils. Originally published: New York: Published by the Law Center of New York University for the National Conference of Judicial Councils, 1952. xvi, 534 pp. Written near the end of Millar's career, the present study is a brilliant summary of his life's work. It discusses antecedents of the Anglo-American system, the evolution of procedure and American and English civil procedure in the nineteenth century. Other chapters discuss the development of specific areas, such as introduction of the cause, mode of trial and voluntary dismissal.

"In a society which so often confuses quantity with quality - or at least tends to regard quantity as a necessary ingredient of quality - it is not surprising that American legal texts labeled "great" have generally been multi-volumed ones. While the number of volumes certainly does not detract from the worth of a Williston on Contracts or a Wigmore on Evidence, their sheer size has made them more easily recognizable, in our society, as classics. On the other hand, the single volume American law books receiving the label of greatness would make a sparse list indeed. To this elite list must now be added Professor Millar's Civil Procedure of the Trial Court in Historical Perspective." --Philip P. Kurland, Harvard Law Review 66 (1952-1953) 1542

Robert Wyness Millar [1876-1959], a professor at Northwestern University Law School, was a leading authority on civil procedure and its history. Miller 1937 Millar was the author of The Old Regime and the New in Civil Procedure (1937) and, with co-author Arthur Engelmann, A History of Continental Civil Procedure (1927).

 

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Съдържание

PART I
3
THE ANTECEDENTS OF THE ANGLOAMERICAN
12
ENGLISH CIVIL PROCEDURE IN THE EARLY NINE
31
AMERICAN CIVIL PROCEDURE IN THE EARLY NINE
39
THE COURSE OF REFORM IN THE UNITED STATES
52
PART II
65
INTRODUCTION OF THE CAUSE
74
JOINDER OF PARTIES
98
VOLUNTARY DISMISSAL
253
MODE OF TRIAL
260
TRIAL BY JURY
289
3 The Charge to the Jury
310
The Verdict
323
The Motion for Judgment on the Evidence notwithstand
330
INFLUENCE OF JURY PROCEDURE ON TRIAL
346
THE JUDGMENT
356

JOINDER OF DEMANDS III
111
COUNTERDEMANDS AND CROSSCLAIMS
123
THIRD PARTY PARTICIPATION
143
PLEADING
171
DISCOVERY AND INSPECTION
201
THE PRETRIAL HEARING
229
MOTIONS FOR SUMMARY DISPOSITION ON
237
NONAPPELLATE RECOURSE AGAINST JUDG
385
Equitable Means of Recourse
396
Collateral Attack
412
INITIAL CONSIDERATIONS
419
EXECUTION OF OTHER THAN MONEY JUDG
470
SECURITY MEASURES ANTICIPATORY OF EXE
481

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