Practice Reports in the Supreme Court and Court of Appeals, Τόμος 5Joel Munsell, 1851 |
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Αποτελέσματα 1 - 5 από τα 100.
Σελίδα 3
... fact may be set up in the answer . Upon the averment in the com- plaint , it will not be presumed that the justices ... facts and the objections made , appear sufficiently in the opinion of the court , N. HILL , JR . , for Defendant ...
... fact may be set up in the answer . Upon the averment in the com- plaint , it will not be presumed that the justices ... facts and the objections made , appear sufficiently in the opinion of the court , N. HILL , JR . , for Defendant ...
Σελίδα 5
... facts should be stated in a complaint against the makers and endorsers of a promissory note , when they are all ... fact on the record is disposed of . It is very clear that the de- fendants can not both answer and demur to the same ...
... facts should be stated in a complaint against the makers and endorsers of a promissory note , when they are all ... fact on the record is disposed of . It is very clear that the de- fendants can not both answer and demur to the same ...
Σελίδα 6
... facts con- stituting 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 ( § 142 ) . The contract of the maker of a ...
... facts con- stituting 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 ( § 142 ) . The contract of the maker of a ...
Σελίδα 14
... facts from which the legal conclusion is , that the defendant is indebted to the plaintiffs in the amount due on the note . The answer virtually admits all these facts , but denies the conclusion of law . It thus presents no issue of fact ...
... facts from which the legal conclusion is , that the defendant is indebted to the plaintiffs in the amount due on the note . The answer virtually admits all these facts , but denies the conclusion of law . It thus presents no issue of fact ...
Σελίδα 15
... facts by which it is sup- ported . It presents no fact upon which an issue could be taken , and gives the plaintiffs no intimation of the facts which he in- tended to prove , to establish the conclusion of law on which the defence rests ...
... facts by which it is sup- ported . It presents no fact upon which an issue could be taken , and gives the plaintiffs no intimation of the facts which he in- tended to prove , to establish the conclusion of law on which the defence rests ...
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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...