Reports of Decisions on the Code of Procedure, New Series, Τόμος 1J. Townshend, 1852 |
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Σελίδα 4
... practice heretofore existing , and that , in similar cases , in the court of chancery , seems best adapted to promote justice , and , in the present case , appears peculiarly indicated by the equitable nature of the relief claimed by ...
... practice heretofore existing , and that , in similar cases , in the court of chancery , seems best adapted to promote justice , and , in the present case , appears peculiarly indicated by the equitable nature of the relief claimed by ...
Σελίδα 26
... practice formerly , was to apply to the judge or officer granting the order to vacate it , and on his refusal , to appeal to the court ( 2 P. & D. Pr . 50 ; 1 Burrell's Pr . 350 ) . In Rex v . Wilkes ( 4 Burr . 2569 ) , Justice Yates ...
... practice formerly , was to apply to the judge or officer granting the order to vacate it , and on his refusal , to appeal to the court ( 2 P. & D. Pr . 50 ; 1 Burrell's Pr . 350 ) . In Rex v . Wilkes ( 4 Burr . 2569 ) , Justice Yates ...
Σελίδα 27
Cusson v . Whalon . the code also authorizes the same practice . I think section 324 extends to a motion in court . The proceedings must be set aside . Motion granted . SAME COURT . Essex , March , 1851 . CUSSON v . WHALON . Nonsuit ...
Cusson v . Whalon . the code also authorizes the same practice . I think section 324 extends to a motion in court . The proceedings must be set aside . Motion granted . SAME COURT . Essex , March , 1851 . CUSSON v . WHALON . Nonsuit ...
Σελίδα 28
... practice , when that can be done without violating a statute . But it is said this notice is for judgment as in case of nonsuit ; whereas the act and the rule allow the court to " dismiss the complaint , with costs " ( Code , § 274 ...
... practice , when that can be done without violating a statute . But it is said this notice is for judgment as in case of nonsuit ; whereas the act and the rule allow the court to " dismiss the complaint , with costs " ( Code , § 274 ...
Σελίδα 31
... practice in actions of ejectment . There seems to be insuperable objections to taking these pro- ceedings by action under the code . 1. Section 127 requires all actions to be commenced by sum- mons . 2. Section 128 declares that the ...
... practice in actions of ejectment . There seems to be insuperable objections to taking these pro- ceedings by action under the code . 1. Section 127 requires all actions to be commenced by sum- mons . 2. Section 128 declares that the ...
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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.