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A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

A STUDY IN LEGAL ADMINISTRATION AND RECORDS SHARON ...

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John, Merchant, Deceased.' Under the heading "Bill, Date of Filing, etc." is<br />

entered the type of document used to initiate the suit. The two most mmmon<br />

documents are bill of complaint and petition. The former is employed when<br />

there is a contentious issue, and thus, a plaintiff and a defendant. The latter is<br />

used when a petition is being presented to the court in the name of a plaintiff<br />

who is unabie to do so. Occasionally to be seen in the style-of-suit wlumn is<br />

the term "Information." This designation is used 'If the suit is instituted on behalf<br />

of the Crown (and] the matter of complaint is offered to the Court, not by way of<br />

petition, but of information ...."" Bill of wmplaint, petition, or information is<br />

foilowed, with few exceptions, by the date of filing. If the defendant intends to<br />

contest the suit an answer, or demurrer (depending on the plan of defense), will<br />

be filed and noted in the appropriate column, with the date of filing. If the<br />

defendant fails to file a response in the allowed time, he is in default, and the bill<br />

is taken as "pro wnfesso." That is, the defendant is assumed to have confessed<br />

and the plaintiff is awarded the decree appropriate to the suit.12 When the<br />

plaintiff makes a pleading in response to the defendant's answer or demurrer,<br />

that is entered as a "replication," again with the date of filing. The "Note<br />

disputing daimn column accommodates entries refening to either party's<br />

disputing the claimed amount. Under "Remarksn are to be seen a variety of<br />

notations, usually including the final disposition of the case, and the instrument<br />

used to effect the remedy, for example, "Deaee absolute for Plaintiff, 2" Sept.<br />

1885."

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