Civil Procedure of the Trial Court in Historical PerspectiveThe 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). |
Съдържание
3 | |
12 | |
31 | |
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 |