Practice Reports in the Supreme Court and Court of Appeals, Том 6Joel Munsell, 1852 |
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Стр. 8
... rule is fatal to the sufficiency of the affidavit . It is true , that a compliance with the requirements has been enforced with great strictness . Although , since the adoption of the 48th rule , which has had the effect to change very ...
... rule is fatal to the sufficiency of the affidavit . It is true , that a compliance with the requirements has been enforced with great strictness . Although , since the adoption of the 48th rule , which has had the effect to change very ...
Стр. 9
... rule . But it has never been held that the affi- davit must be made in the very words in which the rule is ex- pressed . In Brownell vs. Marsh , BRONSON , J. , said that " an affidavit that a party had fully and fairly stated this case ...
... rule . But it has never been held that the affi- davit must be made in the very words in which the rule is ex- pressed . In Brownell vs. Marsh , BRONSON , J. , said that " an affidavit that a party had fully and fairly stated this case ...
Стр. 12
... rule requires the application , in a case like this , to be made in the county where the trial has been had . In this conclusion I can not concur . I do not understand the rule mentioned as having any ap- plication whatever to cases of ...
... rule requires the application , in a case like this , to be made in the county where the trial has been had . In this conclusion I can not concur . I do not understand the rule mentioned as having any ap- plication whatever to cases of ...
Стр. 13
... rule . What court is it that renders judgment upon the decision of a referee ? I understand it to be the Supreme Court - not the Supreme Court of Schoharie , or of Albany - but of the state of New York . If this be so , the motion for ...
... rule . What court is it that renders judgment upon the decision of a referee ? I understand it to be the Supreme Court - not the Supreme Court of Schoharie , or of Albany - but of the state of New York . If this be so , the motion for ...
Стр. 15
... rule allowing the defendants twenty days further time to answer the amended complaints . SUPREME COURT . GRAHAM agt ... rules of law allow ) to reduce the amount of damages ( § 165 ) . And whether the justification is proved or not ...
... rule allowing the defendants twenty days further time to answer the amended complaints . SUPREME COURT . GRAHAM agt ... rules of law allow ) to reduce the amount of damages ( § 165 ) . And whether the justification is proved or not ...
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 alleged allowed amend amount answer appeal application arrest assignment attorney authority bill brought cause of action charge circuit claim clerk Code commenced common complaint constitute contained contract costs counsel damages debt decided decision defendant defendant's demand demurrer denied direct effect entered entitled evidence execution exist facts filed former give given granted ground held injunction intended interest irregularity issue judge judgment justice material matter meaning ment motion move necessary notice objection obtained opinion party payment person plaintiff plea pleading practice present proceedings proper prove provisions question Rail reason recover reference relation relief remedy Road rule says seems separate served Special Term specified statement statute strike sufficient suit SUPREME COURT taken tion trial true whole witness 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.