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
... the purchase money for lands sold by them to the defendant , the defendant being in possession of the lands under the written contract of sale . The place of trial is laid by the Farmers ' Loan and Trust Co. v . Hunt . 1.
... the purchase money for lands sold by them to the defendant , the defendant being in possession of the lands under the written contract of sale . The place of trial is laid by the Farmers ' Loan and Trust Co. v . Hunt . 1.
Σελίδα 3
... trial , residing there , the action ought to be brought there , and not in New York county , where the place of trial in the original action is laid . This last clause affords no ground to sustain a separate suit , it being within the ...
... trial , residing there , the action ought to be brought there , and not in New York county , where the place of trial in the original action is laid . This last clause affords no ground to sustain a separate suit , it being within the ...
Σελίδα 21
... trial to be had , was by motion to set it aside as irregular , and that after noticing such motion the plaintiff could amend only on payment of the defendant's costs . When Mr. Justice Munson so held he had no intimation that a like ...
... trial to be had , was by motion to set it aside as irregular , and that after noticing such motion the plaintiff could amend only on payment of the defendant's costs . When Mr. Justice Munson so held he had no intimation that a like ...
Σελίδα 27
... trial at the next circuit after issue joined and after the time to amend the last pleading put in shall expire , the defendant may move to dismiss the complaint . And , Unless he asks additional relief , may on such motion take a ...
... trial at the next circuit after issue joined and after the time to amend the last pleading put in shall expire , the defendant may move to dismiss the complaint . And , Unless he asks additional relief , may on such motion take a ...
Σελίδα 28
... trial . And perhaps this is better than to put parties to the trouble and expense of the defendant attending prepared for trial , when all he asks is to terminate the cause . Lee v . Brush , cited by the plaintiff's coun- sel , of which ...
... trial . And perhaps this is better than to put parties to the trouble and expense of the defendant attending prepared for trial , when all he asks is to terminate the cause . Lee v . Brush , cited by the plaintiff's coun- sel , of which ...
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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.