Reports of Decisions on the Code of Procedure, New Series, Τόμος 1J. Townshend, 1852 |
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Σελίδα iii
... answer , " read " answer . " " 125 , add as a Note , a reference to " Daniels v . Patterson , 3 Coms . 47. " " 201 , line 15 , for " plaintiff , " read " defendant . " " 212 , " 233 , 66 2 , for " 1849 , " read " 1851. " 46 1 , for ...
... answer , " read " answer . " " 125 , add as a Note , a reference to " Daniels v . Patterson , 3 Coms . 47. " " 201 , line 15 , for " plaintiff , " read " defendant . " " 212 , " 233 , 66 2 , for " 1849 , " read " 1851. " 46 1 , for ...
Σελίδα 1
... answer to an action by A .; brought a cross- action against A. , founded on the same matter as his answer , and A. moved in the first action , that B. should elect either to abandon his answer or his cross- action ; Held , That the ...
... answer to an action by A .; brought a cross- action against A. , founded on the same matter as his answer , and A. moved in the first action , that B. should elect either to abandon his answer or his cross- action ; Held , That the ...
Σελίδα 4
... answer where it does not appear on the face of the complaint . In the case in question , this objection has been raised by the answer , and the plaintiff in the cross - action has denied the allegation , thereby raising a question of ...
... answer where it does not appear on the face of the complaint . In the case in question , this objection has been raised by the answer , and the plaintiff in the cross - action has denied the allegation , thereby raising a question of ...
Σελίδα 27
... answer setting up no new matter , or in an action com- menced after an answer of title in a justice's court . On a notice of motion for a judgment of nonsuit , the moving party may take a dis- missal of the complaint . THE material ...
... answer setting up no new matter , or in an action com- menced after an answer of title in a justice's court . On a notice of motion for a judgment of nonsuit , the moving party may take a dis- missal of the complaint . THE material ...
Σελίδα 30
... answer to it shall be served , does not limit the period for amendment , absolutely , without reference to sections 412. Mailing is service ( Van Horne v . Montgomery , 5 Pr . R. 238 ) . But there is another part of the case that ...
... answer to it shall be served , does not limit the period for amendment , absolutely , without reference to sections 412. Mailing is service ( Van Horne v . Montgomery , 5 Pr . R. 238 ) . But there is another part of the case that ...
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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.