Practice Reports in the Supreme Court and Court of Appeals, Том 8Joel Munsell, 1853 |
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Стр. 47
... cause of action . Where an action was commenced by summons without serving the complaint and the defendant suffered judgment to be taken by default without demand- ing or receiving a copy of the complaint , and the judgment was ...
... cause of action . Where an action was commenced by summons without serving the complaint and the defendant suffered judgment to be taken by default without demand- ing or receiving a copy of the complaint , and the judgment was ...
Стр. 48
... cause of action , and not an amendmen of the original complaint . F. L. DURAND , for Defendant . M. S. NEWTON , for ... cause of action or defence , in the amended pleading ; but he may change the manner of stating the same , may leave ...
... cause of action , and not an amendmen of the original complaint . F. L. DURAND , for Defendant . M. S. NEWTON , for ... cause of action or defence , in the amended pleading ; but he may change the manner of stating the same , may leave ...
Стр. 49
... cause of action . They were introduced , not to affect the judgment , but the remedy or execution upon it , after it should be obtained . The doctrine of the case of Cheney agt . Garbutt ( 5 How . Pr . R. 467 ) , has been since the ...
... cause of action . They were introduced , not to affect the judgment , but the remedy or execution upon it , after it should be obtained . The doctrine of the case of Cheney agt . Garbutt ( 5 How . Pr . R. 467 ) , has been since the ...
Стр. 51
... cause of action or with any of the requirements of § 142 , but only to relieve the party from setting out the written instrument according to its legal effect . The plaintiff must still state his interest in or title to the instrument ...
... cause of action or with any of the requirements of § 142 , but only to relieve the party from setting out the written instrument according to its legal effect . The plaintiff must still state his interest in or title to the instrument ...
Стр. 52
... cause of action . " A. VAN BUREN , for Defendants . JNO . M. BRADFORD , for Plaintiffs . WELLES , Justice . It is provided by section 162 of the Code , as follows : " In an action , or defence founded upon an instru- ment for the ...
... cause of action . " A. VAN BUREN , for Defendants . JNO . M. BRADFORD , for Plaintiffs . WELLES , Justice . It is provided by section 162 of the Code , as follows : " In an action , or defence founded upon an instru- ment for the ...
Другие издания - Просмотреть все
Practice Reports in the Supreme Court and Court of Appeals, Том 38 Nathan Howard (Jr.) Полный просмотр - 1870 |
Practice Reports in the Supreme Court and Court of Appeals, Том 5 Nathan Howard (Jr.) Полный просмотр - 1851 |
Practice Reports in the Supreme Court and Court of Appeals, Том 43 Nathan Howard (Jr.) Полный просмотр - 1872 |
Часто встречающиеся слова и выражения
affidavit alleged allowed amended American Exchange Bank amount answer appeal application appointed arrest assignment attorney authority bill brought cause of action charge circuit Code commenced complaint constituting contract copy costs counsel counter claim County Court county judge courts of equity damages debt decision declared defendant defendant's attorney demand demurrer denied district dollars entered entitled equity evidence examination execution facts filed Fort Edward granted ground habeas corpus held husband injunction irregular issue judgment jurisdiction jury justice Justice.-The liable lien matter ment misjoinder mortgage motion necessary notice objection obtained paid papers party payment person plaintiff plaintiff's attorney pleading possession premises provision question recover referee replevin reply Revised Statutes rule security for costs served sheriff special term sufficient suit summons SUPREME COURT thereof tion trial trustees verdict Wend Wife agt witness writ writ of assistance
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Стр. 476 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Стр. 285 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Стр. 153 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Стр. 147 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Стр. 94 - The court before which an action is pending, or a judge or justice thereof, may, in their discretion, and upon due notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any books, papers and documents in his possession, or under his control, containing evidence relating to the merits of the action, or the defense therein.
Стр. 73 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable or both, where they all arise out of, 1.
Стр. 274 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Стр. 169 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Стр. 182 - So, when the defendant demurs on the ground that it appears on the face of the complaint that there is a defect of parties...
Стр. 203 - When a married woman is a party, her husband must be joined with her, except that, 1. When the action concerns her separate property, she may sue alone ; 2. When the action is between herself and her husband, she may sue or be sued alone.