Reports of Decisions on the Code of Procedure, New Series, Τόμος 1J. Townshend, 1852 |
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Αποτελέσματα 1 - 5 από τα 58.
Σελίδα 8
... witness- es , and submit the question for final decision to either court or jury . I do not see , moreover , how the plaintiff is to be protected after judgment in his favor in issuing execution against the per- son unless it appears ...
... witness- es , and submit the question for final decision to either court or jury . I do not see , moreover , how the plaintiff is to be protected after judgment in his favor in issuing execution against the per- son unless it appears ...
Σελίδα 33
... Witness - Interest . The disqualification on the ground of interest of a party to the action as a witness applies as well to the adverse party as to the party offering his testimony in his own behalf . THIS was a motion to set aside the ...
... Witness - Interest . The disqualification on the ground of interest of a party to the action as a witness applies as well to the adverse party as to the party offering his testimony in his own behalf . THIS was a motion to set aside the ...
Σελίδα 34
... witness , at the instance of the adverse party , or of any one of several adverse parties . Section 351 enacted that no person , offered as a witness , should be excluded by reason of his interest in the event of the action . And ...
... witness , at the instance of the adverse party , or of any one of several adverse parties . Section 351 enacted that no person , offered as a witness , should be excluded by reason of his interest in the event of the action . And ...
Σελίδα 35
... witness in his own behalf , by collusion . The former chancery practice is now adopted as to making parties . If a person , having a common interest with the plaintiff , a joint contractor , for instance , refuses to join in bringing ...
... witness in his own behalf , by collusion . The former chancery practice is now adopted as to making parties . If a person , having a common interest with the plaintiff , a joint contractor , for instance , refuses to join in bringing ...
Σελίδα 36
... witness is held to be competent , but I have not yet seen the opinion of the court , which is said to have been written by Mr. Justice Shankland . ( Reported , 3 Code Rep . 177. ) I learn also that the construction given by the judges ...
... witness is held to be competent , but I have not yet seen the opinion of the court , which is said to have been written by Mr. Justice Shankland . ( Reported , 3 Code Rep . 177. ) I learn also that the construction given by the judges ...
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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.