Practice and Pleading Under the Codes, Original and Amended: With Appendix of Formsauthor. [E. O., Jenkins, printer], 1852 - 869 σελίδες |
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Σελίδα xi
... ANSWER . ( Skeleton form . ) Id . For Uncertainty , XXX . MOTION FOR REDUNDANCY XXXI . MOTION TO STRIKE OUT SHAM ANSWER 786 Id . Id . XXXII . APPLICATION FOR JUDGMENT ON FRIVOLOUS PLEADING 787 XXXIII . MOTION FOR JUDGMENT FOR WANT OF ...
... ANSWER . ( Skeleton form . ) Id . For Uncertainty , XXX . MOTION FOR REDUNDANCY XXXI . MOTION TO STRIKE OUT SHAM ANSWER 786 Id . Id . XXXII . APPLICATION FOR JUDGMENT ON FRIVOLOUS PLEADING 787 XXXIII . MOTION FOR JUDGMENT FOR WANT OF ...
Σελίδα 93
... answer on the person whose name is subscribed to the summons , at a place within the state , to be therein specified ... answer the complaint in twenty days after the service of the summons . 2. In other actions , that if the defendant ...
... answer on the person whose name is subscribed to the summons , at a place within the state , to be therein specified ... answer the complaint in twenty days after the service of the summons . 2. In other actions , that if the defendant ...
Σελίδα 95
... answer may be served , the attorney , or party so subscribing , must also add his place of residence , or , if he omit to do so , any subsequent papers in the suit may be served on him by mail . - Rule 5 of supreme court . On the second ...
... answer may be served , the attorney , or party so subscribing , must also add his place of residence , or , if he omit to do so , any subsequent papers in the suit may be served on him by mail . - Rule 5 of supreme court . On the second ...
Σελίδα 123
... answer , would take his order for such judgment " at his peril , and liable to be made irregular by its subsequently ap- pearing that an answer had been previously served by putting it in the post - office , " nor would it seem that any ...
... answer , would take his order for such judgment " at his peril , and liable to be made irregular by its subsequently ap- pearing that an answer had been previously served by putting it in the post - office , " nor would it seem that any ...
Σελίδα 124
... answer , were mailed within that period . Ser- vice of a pleading by mail , if posted within the twenty days , is unquestionably good ; but whether forty days ' time to answer , instead of twenty , may be claimed as of right in all ...
... answer , were mailed within that period . Ser- vice of a pleading by mail , if posted within the twenty days , is unquestionably good ; but whether forty days ' time to answer , instead of twenty , may be claimed as of right in all ...
Άλλες εκδόσεις - Προβολή όλων
Practice and Pleading Under the Codes, Original and Amended: With Appendix ... Henry Whittaker Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2017 |
Συχνά εμφανιζόμενοι όροι και φράσεις
9 Barb accordingly adverse party adverse possession affidavit allegation allowed amount answer application arrest attorney averment cause of action chapter circumstances cited claim clerk Code commenced complaint Comst considered copy costs course court of appeals decision default defendant defendant's demurrer duly effect entered entitled entry of judgment equitable evidence execution facts filed former given granted ground held injunction issue joinder of issue judgment debtor jurisdiction jury justice laid matter ment nature necessary obtained old practice Oyer and Terminer payment person plaintiff pleading prescribed principle proceedings promissory note proper provisional remedy provisions purpose question real property referee reference refused relation relief remedy remittitur replevin respect Revised Statutes rule Sandf served sheriff special term stay of proceedings subdivision subsequent sufficient suit summons supreme court sureties taken thereof tion trial unless verdict witness
Δημοφιλή αποσπάσματα
Σελίδα 194 - 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 166 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and, there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Σελίδα 735 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Σελίδα 505 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Σελίδα 209 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of 1. The same transaction, or transactions connected with the same subject of action ; 2.
Σελίδα 416 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Σελίδα 69 - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount of the debt, or delivering the property or its value to such person as the Court may direct ; and the court may, in its discretion, make the order.
Σελίδα 69 - And when, in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in by the proper amendment.
Σελίδα 812 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' 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 342 - The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper county ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.