Practice Reports in the Supreme Court and Court of Appeals, Τόμος 6Joel Munsell, 1852 |
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Σελίδα 18
... notice an error into which the defendants ' attorney , in common with many others of the profession , has fallen in regard to the character of the miti- gating circumstances which a defendant is authorized to allege in his answer by ...
... notice an error into which the defendants ' attorney , in common with many others of the profession , has fallen in regard to the character of the miti- gating circumstances which a defendant is authorized to allege in his answer by ...
Σελίδα 22
... notice . The notice is of an application for an order that the demurrer be stricken out as irregular and frivolous , with costs of the motion . Nothing is said of an application for judgment on the demurrer , or for judgment in the ...
... notice . The notice is of an application for an order that the demurrer be stricken out as irregular and frivolous , with costs of the motion . Nothing is said of an application for judgment on the demurrer , or for judgment in the ...
Σελίδα 23
... notice of five days for the same and even more extensive relief . This gives the same remedy against a frivolous reply as formerly existed in the case of a frivolous plea . In order to determine whether the demurrer is so clearly fri ...
... notice of five days for the same and even more extensive relief . This gives the same remedy against a frivolous reply as formerly existed in the case of a frivolous plea . In order to determine whether the demurrer is so clearly fri ...
Σελίδα 27
... notice ; and the court again say that the doctrine of the case of Philips vs. Birdsall has been reconsidered and will be steadfastly adhered to . This doc- trine has since been adhered to in all subsequent cases in this court . In the ...
... notice ; and the court again say that the doctrine of the case of Philips vs. Birdsall has been reconsidered and will be steadfastly adhered to . This doc- trine has since been adhered to in all subsequent cases in this court . In the ...
Σελίδα 28
... notices the cause for trial , and omits to move it at the circuit , when he had opportunity , he can not afterwards at a ... notice and bring the cause to trial at the Onondaga circuit , held in June 1851 . The suit is brought for the ...
... notices the cause for trial , and omits to move it at the circuit , when he had opportunity , he can not afterwards at a ... notice and bring the cause to trial at the Onondaga circuit , held in June 1851 . The suit is brought for the ...
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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
Δημοφιλή αποσπάσματα
Σελίδα 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.
Σελίδα 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.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 92 - When it appears by the complaint that the plaintiff is entitled to the relief demanded and...
Σελίδα 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.
Σελίδα 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.