Practice Reports in the Supreme Court and Court of Appeals, Τόμος 5Joel Munsell, 1851 |
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Σελίδα 6
... cause of action . This would be a good answer to the motion for judgment on account of the frivolousness of the de- murrer , but it would be no ground for a judgment for the defendant at this time . The plaintiffs have made this motion ...
... cause of action . This would be a good answer to the motion for judgment on account of the frivolousness of the de- murrer , but it would be no ground for a judgment for the defendant at this time . The plaintiffs have made this motion ...
Σελίδα 8
... cause ; but he was liable to the defendant Averill , who was his vendee , for the value of the property if the plaintiff should succeed . The papers made out a strong case of necessity for the testimony of Shepard , and an excuse for ...
... cause ; but he was liable to the defendant Averill , who was his vendee , for the value of the property if the plaintiff should succeed . The papers made out a strong case of necessity for the testimony of Shepard , and an excuse for ...
Σελίδα 10
... cause followed the rule as laid down in Bul- ler's Nisi Prius and Lilly's Register , and rejected a codefendant upon that ground , notwithstanding what he had said six years before in Rose v . Oliver . The court , as we have seen ...
... cause followed the rule as laid down in Bul- ler's Nisi Prius and Lilly's Register , and rejected a codefendant upon that ground , notwithstanding what he had said six years before in Rose v . Oliver . The court , as we have seen ...
Σελίδα 13
... cause ; but it does not extend to causes on the calendar which are not tried , nor to trials before referees . The meaning of the statute evidently is that the fee is only to be paid to the clerk , when he attends and acts as clerk on ...
... cause ; but it does not extend to causes on the calendar which are not tried , nor to trials before referees . The meaning of the statute evidently is that the fee is only to be paid to the clerk , when he attends and acts as clerk on ...
Σελίδα 23
... cause in the county where all the principal facts arose and a majority of the witnesses reside , that the subject matter of the cause has created much excitement and public and pri- vate discussion in the county , and that several ...
... cause in the county where all the principal facts arose and a majority of the witnesses reside , that the subject matter of the cause has created much excitement and public and pri- vate discussion in the county , and that several ...
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affidavit alleged allowed amend amount answer appeal application arrest assignment attorney authority bill Canal Bank cause of action certiorari chancery church claimed clerk Code codefendant commenced common law complaint contract corporation costs counsel county judge Court of Chancery creditors damages debt debtor decision defendant's demurrer denied entitled equity evidence examination execution facts favor fendant filed given granted ground held injunction intended issue judgment judgment debtor jurisdiction jury Justice legislature lien matter ment motion ne exeat notice objection paid party payment person place of trial plaintiff in error pleading proceedings promissory note provisional remedy question Rail Road reason received recover referred remedy rendered replevin reside Revised Statutes rule served sheriff Special Term statute of frauds suit summons SUPREME COURT Suydam taken tenant thereof tion trust twenty days Van Benthuysen venue Wend witness writ
Δημοφιλή αποσπάσματα
Σελίδα 311 - Service by mail may be made, where the person making the service, and the person on whom it is to be made, reside in different places, between which there is a regular communication by nail SEC.
Σελίδα 101 - 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.
Σελίδα 100 - 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.
Σελίδα 6 - A statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
Σελίδα 468 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306.
Σελίδα 412 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Σελίδα 102 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Σελίδα 309 - An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made.
Σελίδα 312 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable npglect, and may supply an omission in any proceeding...
Σελίδα 101 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...