Reports of Decisions on the Code of Procedure, New Series, Τόμος 1J. Townshend, 1852 |
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Αποτελέσματα 1 - 5 από τα 43.
Σελίδα 6
... debtor , it must appear on the pleadings , that the action is one in which the defendant might have been arrested as provided in §§ 179 and 181 of the code . Where the action is brought within the provisions of §§ 179 and 181 by acts of ...
... debtor , it must appear on the pleadings , that the action is one in which the defendant might have been arrested as provided in §§ 179 and 181 of the code . Where the action is brought within the provisions of §§ 179 and 181 by acts of ...
Σελίδα 8
... debtors , although a judge's order to hold to bail had been obtained , the court deciding that the validity of the arrest depended upon the question whether , in fact , the defendant was or was not a resident ; upon the same principle ...
... debtors , although a judge's order to hold to bail had been obtained , the court deciding that the validity of the arrest depended upon the question whether , in fact , the defendant was or was not a resident ; upon the same principle ...
Σελίδα 25
... debtor . On motion to set aside such order , the attorney for the judgment creditor in the action denied any knowledge of Shattuck or any authority in him to obtain the order . It appeared , however , that in fact Shattuck was the ...
... debtor . On motion to set aside such order , the attorney for the judgment creditor in the action denied any knowledge of Shattuck or any authority in him to obtain the order . It appeared , however , that in fact Shattuck was the ...
Σελίδα 50
... injunction orders , by §§ 225 and 226. Like provisions were made by the 45th and 46th sec- tions of the absconding debtors ' act . ( 2 R. S. 70 , 3d ed . ) Conklin v . Dutcher . 3. The affidavit of the 50 CODE REPORTS . - NEW SERIES .
... injunction orders , by §§ 225 and 226. Like provisions were made by the 45th and 46th sec- tions of the absconding debtors ' act . ( 2 R. S. 70 , 3d ed . ) Conklin v . Dutcher . 3. The affidavit of the 50 CODE REPORTS . - NEW SERIES .
Σελίδα 55
... debtor shall be returned unsatisfied , in whole or in part . The filing of the creditor's bill , under the former statute , required that the plaintiff should exhaust his legal remedies before he should be allowed to invoke the aid of ...
... debtor shall be returned unsatisfied , in whole or in part . The filing of the creditor's bill , under the former statute , required that the plaintiff should exhaust his legal remedies before he should be allowed to invoke the aid 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.