Reports of Decisions on the Code of Procedure, New Series, Τόμος 1J. Townshend, 1852 |
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Σελίδα iii
... amendments , " wherever occurring , must be understood to refer to the amendments to the Code of 1851 . NAMES OF CASES . PAGE 201 104 127 267 238.
... amendments , " wherever occurring , must be understood to refer to the amendments to the Code of 1851 . NAMES OF CASES . PAGE 201 104 127 267 238.
Σελίδα 12
... Amendment . The affidavit in support of an application for an attachment , averring the party's be- lief in the ... amended . THE material facts appear by the decisions . EDMONDS , J. - The original affidavits in this case ( Cammann v ...
... Amendment . The affidavit in support of an application for an attachment , averring the party's be- lief in the ... amended . THE material facts appear by the decisions . EDMONDS , J. - The original affidavits in this case ( Cammann v ...
Σελίδα 13
... amendments or additions . In this case other affidavits are offered on both sides , and the ques- tion before me is whether in them , as well as the original affidavits , sufficient grounds for sustaining the attachment are to be found ...
... amendments or additions . In this case other affidavits are offered on both sides , and the ques- tion before me is whether in them , as well as the original affidavits , sufficient grounds for sustaining the attachment are to be found ...
Σελίδα 16
... amendment conferred upon the court . That power ought to be exercised in this case , for it would not be right to jeopard the interest of the plaintiffs by reason of an objection merely formal and no way affecting the merits . But this ...
... amendment conferred upon the court . That power ought to be exercised in this case , for it would not be right to jeopard the interest of the plaintiffs by reason of an objection merely formal and no way affecting the merits . But this ...
Σελίδα 20
... Amendment . After a motion to set aside a pleading or proceeding for irregularity , the same cannot be amended except on payment of costs to the moving party . ON September 20th , a complaint was served which did not mention the name of ...
... Amendment . After a motion to set aside a pleading or proceeding for irregularity , the same cannot be amended except on payment of costs to the moving party . ON September 20th , a complaint was served which did not mention the name of ...
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
affidavit alleged allowed amendment amount answer appeal application appointed arrest assignment attachment attorney authority bill brought cause of action claim clerk Code Rep commenced common complaint considered construction contain contract costs counsel creditor damages debt debtor decided decision defendant defendant's demand demurrer denied determination direct dismissed effect entered entitled equity evidence examination execution existing facts favor filed founded give given granted ground held injunction intended interest issue judge judgment jurisdiction jury justice matter meaning ment motion moved necessary notice objection obtained offer opinion original party payment person plaintiff pleading practice present proceedings proper prove provisions question reason receiver recover reference relation relief rendered reply rule seems served special term statute sufficient suit summons supreme court taken term tion trial true unless verdict witness York
Δημοφιλή αποσπάσματα
Σελίδα 183 - 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 164 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Σελίδα 37 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Σελίδα 167 - 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 389 - 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 95 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Σελίδα 24 - ... it upon the other, or to do any other act, necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from...
Σελίδα 390 - ... 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.
Σελίδα 190 - ... supplementary to the execution, and may be thereupon reviewed in the following cases. 1. When the order grants or refuses, continues or modifies, a provisional remedy.
Σελίδα 412 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.