Reports of Decisions on the Code of Procedure, New Series, Τόμος 1J. Townshend, 1852 |
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Αποτελέσματα 1 - 5 από τα 80.
Σελίδα 4
... opinion is erroneous , that the defendant , in an action under the present system , is to be regarded as plaintiff as to all matters of defence which are not merely in denial of the plaintiff's alleged cause of action . It was urged ...
... opinion is erroneous , that the defendant , in an action under the present system , is to be regarded as plaintiff as to all matters of defence which are not merely in denial of the plaintiff's alleged cause of action . It was urged ...
Σελίδα 18
... opinion expressed in Smith v . Moffat has been unshaken by anything which has been urged on this argument , but whether a new state of the law governing the case , has not arisen under the code , is another question . Before the code it ...
... opinion expressed in Smith v . Moffat has been unshaken by anything which has been urged on this argument , but whether a new state of the law governing the case , has not arisen under the code , is another question . Before the code it ...
Σελίδα 21
... opinion had been expressed by Welles , J. ] SAME COURT . Madison , October , 1850 . CRITTENDEN v . ADAMS . Appeal . The service of a notice of appeal on the " party or attorney " will be deemed complete at the time of its deposit in the ...
... opinion had been expressed by Welles , J. ] SAME COURT . Madison , October , 1850 . CRITTENDEN v . ADAMS . Appeal . The service of a notice of appeal on the " party or attorney " will be deemed complete at the time of its deposit in the ...
Σελίδα 23
... opinion that this section is broad enough to embrace the case under con- sideration , and to authorize the court to allow the amendment asked for , or to grant an order that the said appeal be allowed to stand and be considered good and ...
... opinion that this section is broad enough to embrace the case under con- sideration , and to authorize the court to allow the amendment asked for , or to grant an order that the said appeal be allowed to stand and be considered good and ...
Σελίδα 26
... making a motion to set the order aside ( 3 Chit . G. Pr . 33 ; Lyon v . Burtis , 4 Cow . 539 ) . And I am inclined to the opinion , that Cusson v . Whalon . the code also authorizes the 26 CODE REPORTS . - NEW SERIES .
... making a motion to set the order aside ( 3 Chit . G. Pr . 33 ; Lyon v . Burtis , 4 Cow . 539 ) . And I am inclined to the opinion , that Cusson v . Whalon . the code also authorizes the 26 CODE REPORTS . - NEW SERIES .
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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.