Reports of Decisions on the Code of Procedure, New Series, Τόμος 1J. Townshend, 1852 |
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Αποτελέσματα 1 - 5 από τα 84.
Σελίδα 34
... evidence was admitted by the referee , under section 344 of the code of 1848 , which provided that a party to an action . might be examined as a witness , at the instance of the adverse party , or of any one of several adverse parties ...
... evidence was admitted by the referee , under section 344 of the code of 1848 , which provided that a party to an action . might be examined as a witness , at the instance of the adverse party , or of any one of several adverse parties ...
Σελίδα 35
... evidence in his own cause , and for his own benefit , which he could not have done , if he had occupied his proper position as a plaintiff . Col- lusion could not be prevented under such a construction of the statute . I think the ...
... evidence in his own cause , and for his own benefit , which he could not have done , if he had occupied his proper position as a plaintiff . Col- lusion could not be prevented under such a construction of the statute . I think the ...
Σελίδα 36
... evidence . I think it was the intention of the legislature to make a party , in all cases where there may be several judgments , a competent witness for a co - plaintiff or co - defendant . The only restriction is that imposed by ...
... evidence . I think it was the intention of the legislature to make a party , in all cases where there may be several judgments , a competent witness for a co - plaintiff or co - defendant . The only restriction is that imposed by ...
Σελίδα 37
... evidence may be ex- cluded as irrelevant ; for on it , the court could not give judgment in favor of both defendants , it being provided by statute , that such examination should not be used on behalf of the party ex- amined ; and , on ...
... evidence may be ex- cluded as irrelevant ; for on it , the court could not give judgment in favor of both defendants , it being provided by statute , that such examination should not be used on behalf of the party ex- amined ; and , on ...
Σελίδα 38
... evidence ; for no legitimate use can be made of such evidence if it is received . In such a case the objection is to the relevancy of the evidence rather than to the competency of the witness . But in an action on a joint and several ...
... evidence ; for no legitimate use can be made of such evidence if it is received . In such a case the objection is to the relevancy of the evidence rather than to the competency of the witness . But in an action on a joint and several ...
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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.