Practice Reports in the Supreme Court and Court of Appeals, Том 8Joel Munsell, 1853 |
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Стр. 9
... interest . " It is not equivalent to one that Clifton endorsed the note to the plaintiff . " 66 A demurrer to an answer , denying such an allegation on information and be- lief , may be stricken out as unauthorized and irregular . Erie ...
... interest . " It is not equivalent to one that Clifton endorsed the note to the plaintiff . " 66 A demurrer to an answer , denying such an allegation on information and be- lief , may be stricken out as unauthorized and irregular . Erie ...
Стр. 11
... be in " the name of the real party in interest , " and the allegation of ownership and holding might have been treated as surplussage . The demurrer is set aside . Fox agt . Hunt . SUPREME COURT . Fox agt NEW - YORK PRACTICE REPORTS . 11.
... be in " the name of the real party in interest , " and the allegation of ownership and holding might have been treated as surplussage . The demurrer is set aside . Fox agt . Hunt . SUPREME COURT . Fox agt NEW - YORK PRACTICE REPORTS . 11.
Стр. 16
... interest semi - annually . By the condition of the bond , it was provided that in case default should be made in the payment of the interest , " or any part thereof , " for the period of ten days after the same became due , the whole ...
... interest semi - annually . By the condition of the bond , it was provided that in case default should be made in the payment of the interest , " or any part thereof , " for the period of ten days after the same became due , the whole ...
Стр. 17
... interest falling due in January 1852 , was not paid within the ten days , & c . The answer denies that the mortgage contained any agreement that , in default of paying the interest , the principal should become due , and avers that the ...
... interest falling due in January 1852 , was not paid within the ten days , & c . The answer denies that the mortgage contained any agreement that , in default of paying the interest , the principal should become due , and avers that the ...
Стр. 36
... interest in the mortgaged premises , as a judgment creditor of Frost , and Graves , as a receiver appointed by Mr. Justice PRATT in a proceeding before him under the Code , in aid of execution , instituted by said H. R. Selden against ...
... interest in the mortgaged premises , as a judgment creditor of Frost , and Graves , as a receiver appointed by Mr. Justice PRATT in a proceeding before him under the Code , in aid of execution , instituted by said H. R. Selden against ...
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.