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" ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding, "
Income Tax Procedure ... - Page 373
by Robert Hiester Montgomery - 1927
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The Southern Law Review, Volume 3

1877 - 1004 pages
...in State courts. — The act of Congress of June 1872, sec. 914," US Rev. Stat., which requires that the practice, pleadings, and forms and modes of proceeding...admiralty causes, in the circuit and district courts of the United States, shall conform, as nearly as may be, to the practice, pleadings, forms and modes...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 17

1878 - 560 pages
...of June, 1872, § 914, IT. S. Rev. Stat., which requires that the practice, pleadings and forms aud modes of proceeding in civil causes, other than equity...admiralty causes, in the Circuit and District Courts of the United States, shall conform as "nearly as may be to the practice, pleadings, forms aud modes...
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Reports of Cases Argued and Determined in the Circuit Court of ..., Volume 14

United States. Circuit Court (2nd Circuit) - 1879 - 644 pages
...force of section 914 of the Kevised Statutes of the United States. That section prescribes, that, " the practice, pleadings, and forms and modes of proceeding,...and District Courts, shall conform, as near as may bo, to the practice, pleadings, and forms and modes of proceeding existing at the time, in like causes,...
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New Cases Selected Chiefly from Decisions of the Courts of the ..., Volume 4

Austin Abbott - 1879 - 674 pages
...of the revised statutes of the United States. That section prescribes that " The practice, pleading, and forms and modes of proceeding in civil causes,...causes, in the circuit and district courts, shall confirm as near as may be, to the practice, pleadings and forms, and modes of proceeding existing at...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 31-32

1887 - 1910 pages
...This, then, is clearly an equitable defense. The practice act (section 914, Rev. St.) is as follows: "The practice, pleadings, and forms and modes of proceeding,...rule of the court to the contrary notwithstanding." This excludes such a defense to an action at law as that presented by the amended plea. Afontejo v....
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 1-2

1880 - 1956 pages
...without leave of the court. 1 Stat. 1872, c. 255, § 5, as re-enacted in Kev. Stat. § 914, provides that "the practice, pleadings, and forms and modes of proceeding...such circuit or district courts are held, any rule of court to the contrary notwithstanding." I think it is very clear that the mode of amending the complaint,...
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Reports of Cases Argued and Determined in the District Courts of ..., Volume 9

Robert Dewey Benedict, Benjamin Lincoln Benedict - 1880 - 616 pages
...service which has been made on them of such capias. Section 914 of the Revised Statutes provides, that " the practice, pleadings, and forms and modes of proceeding...such Circuit or District Courts are held, any rule of Court to the contiary notwithstanding." Under this provision, this being a civil cause and not an equity...
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Cases Argued and Determined in the Circuit Courts of the United States for ...

United States. Circuit Court (5th Circuit), William Burnham Woods - 1880 - 844 pages
...WOODS, Circuit Judge. The first ground of the motion is not well taken. By express act of congress, the practice, pleadings and forms and modes of proceeding...at the time in like causes in the courts of record in the state within which such circuit or district courts are held (17 Stai., 196). In a suit brought...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 93-94

1899 - 2060 pages
...follows: "Sec. 914. The practice, pleadings, and forms and modes of proceeding in civil causes, other thau equity and admiralty causes, In the circuit and district...state within which such circuit or district courts arc held, any rule of court to the contrary notwithstanding." These several provisions are not only...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 9-10

1882 - 1904 pages
...United States enact — " That the practice, pleadings, and forms and modes of proceeding in civil causes, in the circuit and district courts, shall...courts of record of the state within which such circuit and district courts are held ; and that in common-law causes the plaintiff shall be entitled to similar...
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