Practice Reports in the Supreme Court and Court of Appeals, Τόμος 6Joel Munsell, 1852 |
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Σελίδα 8
... party who makes an affidavit of this description , in ad- dition to what had usually been inserted , shall swear ... party had fully and fairly stated the case to his counsel . In the other case cited from Howard , the party had sworn ...
... party who makes an affidavit of this description , in ad- dition to what had usually been inserted , shall swear ... party had fully and fairly stated the case to his counsel . In the other case cited from Howard , the party had sworn ...
Σελίδα 9
... party had fully and fairly stated his defence to counsel . The same defect was held to be fatal in Rickards vs. Swetzer ( 3 How . 413 ) . In Brit- tan vs. Peabody , the defect was in merely swearing that the party believed the advice of ...
... party had fully and fairly stated his defence to counsel . The same defect was held to be fatal in Rickards vs. Swetzer ( 3 How . 413 ) . In Brit- tan vs. Peabody , the defect was in merely swearing that the party believed the advice of ...
Σελίδα 10
... party ( Code , § 303 ) . But costs always belonged to the successful . party , and not to his attorney ; though the bill of costs recovered may not be now , as it was formerly , the measure of compensation between the party and his ...
... party ( Code , § 303 ) . But costs always belonged to the successful . party , and not to his attorney ; though the bill of costs recovered may not be now , as it was formerly , the measure of compensation between the party and his ...
Σελίδα 14
... party to the actions . H. HOGEBOOM , for Plaintiffs . J. C NEWKIRK , for Defendants . HARRIS , Justice . - Amendments to a pleading can only relate , properly , to the time when the original pleading was made , and can only state facts ...
... party to the actions . H. HOGEBOOM , for Plaintiffs . J. C NEWKIRK , for Defendants . HARRIS , Justice . - Amendments to a pleading can only relate , properly , to the time when the original pleading was made , and can only state facts ...
Σελίδα 22
... party moves for specific relief , and does not pray for any alternate or general relief , and the motion for ... parties in the action ( § 245 ) . Now an application for an order that the demurrer be stricken out as " irregular and ...
... party moves for specific relief , and does not pray for any alternate or general relief , and the motion for ... parties in the action ( § 245 ) . Now an application for an order that the demurrer be stricken out as " irregular and ...
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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.