Practice Reports in the Supreme Court and Court of Appeals, Том 6Joel Munsell, 1852 |
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Стр. 11
... , for Defendant . HARRIS , Justice . - There is nothing in the papers upon which this motion is founded , showing that the plaintiff is entitled to Sprong agt . Snyder . any costs at all , NEW - YORK PRACTICE REPORTS . 11.
... , for Defendant . HARRIS , Justice . - There is nothing in the papers upon which this motion is founded , showing that the plaintiff is entitled to Sprong agt . Snyder . any costs at all , NEW - YORK PRACTICE REPORTS . 11.
Стр. 42
... founded , and unless we revoke or modify them ourselves , whatever injustice may be done , the parties who suffer are without redress . We find it impossible to believe that we have such a discretion in relation to the question now ...
... founded , and unless we revoke or modify them ourselves , whatever injustice may be done , the parties who suffer are without redress . We find it impossible to believe that we have such a discretion in relation to the question now ...
Стр. 66
... founded , should show that the pleading was served and when served . Schenectady Special Term , July 1851 . CADY , Justice . This was a motion to strike out a part of an answer for irrelevancy , uncertainty , insufficiency and as not ...
... founded , should show that the pleading was served and when served . Schenectady Special Term , July 1851 . CADY , Justice . This was a motion to strike out a part of an answer for irrelevancy , uncertainty , insufficiency and as not ...
Стр. 67
... founded on the affidavit served and the pleading in the cause . In that case the affidavit stated that a copy plea and notice of special matter had been served on the plaintiff's attorney . That fact was not denied , and the court held ...
... founded on the affidavit served and the pleading in the cause . In that case the affidavit stated that a copy plea and notice of special matter had been served on the plaintiff's attorney . That fact was not denied , and the court held ...
Стр. 93
... founded upon the ground of restraining irreparable mischief , or of suppressing oppressive and interminable litigation , or of preventing multiplicity of suits ( Story's Eq . Juris . § 925 , and cases there cited ) ; and Story says ...
... founded upon the ground of restraining irreparable mischief , or of suppressing oppressive and interminable litigation , or of preventing multiplicity of suits ( Story's Eq . Juris . § 925 , and cases there cited ) ; and Story says ...
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 |
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affidavit Albany allowed amend amount answer appeal application arrest assignment attorney authority averments bill brought cause of action charge circuit claim clause clerk Code commenced common law complaint contained contract costs counsel county judge Court of Chancery creditors damages debt decision defendant defendant's demand demurrer denied dollars Dutchess County entered entitled equity evidence execution fees fendant filed frivolous granted ground held injunction intended irregularity irrelevant jurisdiction jury justice Justice.-The legislature matter ment mitigation of damages mortgage motion necessary notice nunc pro tunc objection party payment place of trial plain plaintiff plea pleading practice proceedings provisions question Rail Road reason recover redundant reference relief remedy remittitur replevin Revised Statutes rule scire facias Scoville served sheriff slander Special Term stricken sufficient suit summons SUPREME COURT taken thereof tion trustees twenty days Utica Washington Mutual Wend witness words writ
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Стр. 17 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Стр. 474 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Стр. 391 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Стр. 34 - To render an appeal effectual for any purpose, a written undertaking must be executed on the part of the appellant by at least two sureties, to the effect that the appellant will pay all costs and...
Стр. 48 - From the time of the service of the summons in a civil action, the court shall be deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. A voluntary appearance of a defendant shall be equivalent to personal service of the summons upon him.
Стр. 232 - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
Стр. 279 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Стр. 92 - When it appears by the complaint that the plaintiff is entitled to the relief demanded and...
Стр. 195 - 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.
Стр. 392 - ... party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case ; or, where the amendment does not change substantially the claim or defence, by conforming the pleading or other proceeding to the facts proved.