Practice Reports in the Supreme Court and Court of Appeals, Том 6Joel Munsell, 1852 |
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Стр. 21
... judgment on the demurrer , and can not be granted as such , where there is no prayer for general relief . ( This agrees with the decision on this question in Darrow agt . Miller , 5 How , 247. ) To warrant a judgment under the 247th ...
... judgment on the demurrer , and can not be granted as such , where there is no prayer for general relief . ( This agrees with the decision on this question in Darrow agt . Miller , 5 How , 247. ) To warrant a judgment under the 247th ...
Стр. 22
... judgment under the 247th section of the Code , upon a frivolous demurrer ; and the counsel for the defendant objects ... judgment on the demurrer , or for judgment in the cause ; nor is there any prayer for general relief . When a party ...
... judgment under the 247th section of the Code , upon a frivolous demurrer ; and the counsel for the defendant objects ... judgment on the demurrer , or for judgment in the cause ; nor is there any prayer for general relief . When a party ...
Стр. 34
... judgment . I am disposed to hold that no undertaking is necessary in a case like the present , of an appeal from an order made by a sin- gle judge . Section 327 directs how an appeal shall be made , which is by the service of a notice ...
... judgment . I am disposed to hold that no undertaking is necessary in a case like the present , of an appeal from an order made by a sin- gle judge . Section 327 directs how an appeal shall be made , which is by the service of a notice ...
Стр. 49
... judgment for a return , & c . His remedy , since the Code , is to notice the cause for trial and then take such judgment as the case may require . The plaintiff in such action , where the property has been delivered to him , and after ...
... judgment for a return , & c . His remedy , since the Code , is to notice the cause for trial and then take such judgment as the case may require . The plaintiff in such action , where the property has been delivered to him , and after ...
Стр. 51
... judgment ( 2 Sell . Pr . 335 ; Gra . Pr . 493 ; 2 Tidd's Pr . 628 ; 1 Burr . Pr . 199 , 383 ; Tidd's Forms , 122 ; Impey , 486 ) . But I have found no case where the defendant has been allowed to enter up interlocutory judgment and have ...
... judgment ( 2 Sell . Pr . 335 ; Gra . Pr . 493 ; 2 Tidd's Pr . 628 ; 1 Burr . Pr . 199 , 383 ; Tidd's Forms , 122 ; Impey , 486 ) . But I have found no case where the defendant has been allowed to enter up interlocutory judgment and have ...
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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.