Reports of Decisions on the Code of Procedure, New Series, Τόμος 1J. Townshend, 1852 |
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Αποτελέσματα 1 - 5 από τα 100.
Σελίδα 1
... motion should have been made in the cross - action . Semble That the motion should have been for a reference to inquire whether the cross - action was for the same cause as the matter set up by the answer in the first suit ; and if the ...
... motion should have been made in the cross - action . Semble That the motion should have been for a reference to inquire whether the cross - action was for the same cause as the matter set up by the answer in the first suit ; and if the ...
Σελίδα 6
... motion of the sureties , to stay the proceedings , Held , That To authorize an execution against the person of a ... motion on behalf of Russell and Hendricks , two of the defendants , for an order staying perpetually the plaintiff's ...
... motion of the sureties , to stay the proceedings , Held , That To authorize an execution against the person of a ... motion on behalf of Russell and Hendricks , two of the defendants , for an order staying perpetually the plaintiff's ...
Σελίδα 7
... motion appears to be whether it is necessary to allege in the complaint the mat- ters collateral to the cause of action which justify the arrest of the defendant , and whether , if not so alleged , execution against the person can issue ...
... motion appears to be whether it is necessary to allege in the complaint the mat- ters collateral to the cause of action which justify the arrest of the defendant , and whether , if not so alleged , execution against the person can issue ...
Σελίδα 11
... motion therein referred to , should not be set aside . It appeared that on 31st January , 1851 , the attorney for ... motion was noticed . On the 11th February , a copy of what purported to be an order staying proceedings in this action ...
... motion therein referred to , should not be set aside . It appeared that on 31st January , 1851 , the attorney for ... motion was noticed . On the 11th February , a copy of what purported to be an order staying proceedings in this action ...
Σελίδα 16
... motion , to which otherwise they would be entitled . An order , therefore , will be entered , denying the motion to vacate the attachment without costs , provided within ten days the plaintiffs amend their process , and in case they do ...
... motion , to which otherwise they would be entitled . An order , therefore , will be entered , denying the motion to vacate the attachment without costs , provided within ten days the plaintiffs amend their process , and in case they do ...
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
affidavit alleged allowed amendment amount answer application assignment attachment authority averment bail behalf bill cause of action chancery claim clerk co-defendant Code Rep commenced common law complaint contract counsel court of appeals court of chancery damages debt decision defendant defendant's demurrer denied dismissed double costs entered entitled equity evidence examination execution facts favor filed fraud given granted ground held injunction injury intended issue judge judgment debtor jurisdiction jury justice legislature libel lien Livingston county matter ment mitigation of damages necessary notice of appeal objection obtained opinion order of arrest payment pending person plaintiff plaintiff's attorney pleading practice present promissory note provisions question receiver recover referee reference relief remedy remittitur rendered repealed reply revised statutes rule served sheriff special term sufficient suit summons SUPERIOR COURT SUPREME COURT Suydam tion trial usury vacate verdict Washington Mutual Wend witness YORK COMMON PLEAS
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.