Annotated forms of pleading and practice at common law Volume 3 ; as modified by statutes; for use in all common-law states and especially adapted to ... West Virginia, Maryland and District of - Tapa blanda

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 Excerpt: ...4578 Practice, abiding by motion 4589 Construction, formal defects 4579 Practice, waiver 4590 Construction, sufficiency 4580 Requisites 4591 Amendment 4581 Motion, upon plaintiff's evl-4592 Defects cured, ad damnum dence 4593 Defects cure'!, declaration 4582 Motion upon all the evidence 4594 Defects cured, misnomer MOTION TO DIRECT VERDICT 4672 Nature and effect A motion and instruction at the close of all of the evidence to find for the defendant is in the nature of a motion in arrest of judgment directed to the sufficiency of the cause of action,1 or that of a demurrer to the evidence,2 which raises the question whether there is evidence which legally tends to sustain a verdict against the moving party upon the particular issue raised, regardless of whether the evidence tends to support the allegations of the declaration,3 and which presents a question of law.4 The question whether a notice required as a condition precedent to the bringing of the action was given as is alleged in the declaration may be raised by motion to direct a verdict.5 A 1 American Express Co. v. Pinck-Traction Co., 245 111. 148, 151, 152 ney, 29 111. 392, 406 (1862). (1910); Gunning System v. La 2 Gunning System v. Lapointe, 212 pointe, upra. H1. 274, 278 (1904); Blanchard v. 4 Elgin, Joliet & Eastern By. Co. Lake Shore & Michigan Southern v. Lawlor, 229 H1. 621, 627 (1907). Ry. Co., 126 111. 416, 420 (1888). »Ouimette v. Chicago, 242 111. 501, »WaUuer v. Chicago Consolidated 506 (1909). motion for a directed verdict includes the defense of accord and satisfaction or release if the defense is admissible under the pleadings of the particular case.6 A "peremptory" instruction and an instruction which "directs a verdict," although not the same in f...