Precedents of Pleading in Civil Actions Under the New-York Code of Procedure: An Appendix to Van Santvoord's Pleading : with Notes and References to Recent Decisions

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W.C. Little, 1858 - 702 σελίδες

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OBLIGATION OR INSTRUMENT SECTION 129 OF THE CODE PAGE
20
Libel in rem for towage service
24
1st That neglect was that of
30
By receiver to set aside an assignment as fraudulent
34
Answer under the Code in separate paragraphs
47
In an action by judgment creditors to set aside assignment
49
For partition of lands by one tevant in common against his
52
1
53
By widow of testator in same case
55
Damages by reason of goods not corresponding to sample
61
a conveyance which he had omitted by accident to
62
Trespass for taking and carrying away goods
69
Against vendor with prayer for alternative relief in damages
71
12
78
By creditor of insolvent corporation to charge the directors
81
4 INSTRUCTIONS TO RESTRAIN COMMISSION OF WRONGFUL
87
2225
103
To restrain unlawful use of trade marks praying an account
108
21
117
24
132
By heirs of deceased grantor of weak understanding to vacate
139
29
147
Prayer to complaint by devisees to set aside deeds executed
154
38
159
By judgment creditor against judgment debtor alone to reach
163
By creditor on behalf of himself and all other creditors
175
By cestui que trust against trustees for an accounting of trust
181
41
190
8 WILLS
196
Same praying necessary directions for administration
204
53
235
55
249
Foreclosure of two mortgages on same premises by assignee
252
Foreclosure alleging a prior mortgage by two defendants to
258
By plaintiff who had taken on sale of real estate a note of
264
By heiratlaw of deceased mortgagor against mortgagee
270
12 IN CASES OF DIVORCE
280
To dissolve marriage because of adultery
286
By widow against heir for dower asking a discovery of the real
289
To compel husband and wife to execute a lien on the wifes
298
By devisee against heir to have title deeds delivered
305
Against a person unlawfully exercising the duties of a public
315
49
316
Against a person appointed executor of one who had acted in
322
Against an insurance company on agreement to effect an insur
328
By several legatees in behalf of themselves and other legatees
335
Complaint in the nature of an audita querela praying that
345
Supplemental complaint making additional party defendant
352
2 ON MONEY INSTRUMENTS NOT UNDER SECTION 162 OF
359
By assignee of claim against innkeeper for loss of money
365
PART II
375
By trustee under assignment on a policy of insurance on pro
398
Another form for goods sold and delivered
425
For labor and services price agreed on
426
For labor and services price not agreed on
427
For money lent
428
For money had and received
429
For several items of work materials and money
430
For a general balance of account
431
For use and occupation no price agreed on
432
For a bill of goods items not set forth and demand assigned to plaintiff
434
The same items stated
435
For several claims of different kinds of money demands some of which accrued in different rights and are set forth in separate causes of action
436
To have deed reformed and mistake in description of premises
438
8 IN CASES of Pleading a Judgment PerfORMANCE OF CON DITION PRECEDENT AND PRIVATE STATUTE SECTIONS 161
439
On a justices judgment rendered more than five years before suit
440
ditions precedent is pleaded generally
441
The same on a guaranty
448
57
449
For breach of contract of a common carrier to carry goods
454
For verbal slander
462
For libel against a coroner and verbal slander joined
468
62
475
By husband and wife for injury to the wife by reason of
481
66
486
Trespass to the person false imprisonment
487
12 TO RECOver Possession of Personal or Real Property
493
298
496
74
497
For negligently causing death of plaintiffs intestate
503
78
504
therewith
543
General denial statute of limitations payment and demand
550
The same with defence of special contract whereby plaintiff
557
The same on policy of fire insurance
565
Justifying entering a public street by railroad company under
591
By collector justification for taking property under tax warrant
598
In slander denial justification and mitigating circumstances
618
90
623
To prove and establish a lost will
627
The same by landlord admitted to defend in action to recover
651
5 SUPPLEMENTAL ANSWER
659
2 DEMURRErs
669
Special demurrer specifying various grounds of objection belong
675
To counterclaim interposed in an action to recover rent
682
301
685
491
689
641
690
139
692
By landlord to restrain waste and compel lessee to put premises
693
411
697
311
698
To restrain defendant from excavating his lands adjoining plain
699
620
700

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Σελίδα 444 - In pleading a private statute or a right derived therefrom, it shall be sufficient to refer to such statute by its title and the day of its passage, and the court shall thereupon take judicial notice thereof.
Σελίδα 563 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Σελίδα 336 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Σελίδα 14 - In all cases where a man has a temporal loss or damage by the wrong of another, he may have an action upon the case to be repaired in damages.
Σελίδα 167 - Whether the conveyance assailed was made with intent to hinder, delay and defraud the creditors of the...
Σελίδα 353 - ... that the same is true of his own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Σελίδα 463 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Σελίδα 72 - Know all men by these presents, that I, John McLoughlin, of Fort Vancouver, in the Territory of Oregon, for and in consideration of the sum of one dollar, to me in hand paid by...
Σελίδα 163 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Σελίδα 251 - ... have or claim to have some interest in or lien upon the said mortgaged premises or some part thereof which interest or lien if any has accrued subsequently to the lien of said mortgage, and is subject and subordinate thereto...

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