Practice Reports in the Supreme Court and Court of Appeals, Volume 6Joel Munsell, 1852 |
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Página 7
... in the defendant's affidavit . Upon the merits , therefore , I am clearly of opinion that the defendant is entitled to prevail upon this motion . Jordan agt . Garrison . But a point has been NEW - YORK PRACTICE REPORTS . 7.
... in the defendant's affidavit . Upon the merits , therefore , I am clearly of opinion that the defendant is entitled to prevail upon this motion . Jordan agt . Garrison . But a point has been NEW - YORK PRACTICE REPORTS . 7.
Página 12
... opinion is cited , himself admits that it was not in- tended to make the rule applicable to such cases , and yet he thinks it has been so expressed as to require that it should be so applied ; I am unable to perceive this necessity ...
... opinion is cited , himself admits that it was not in- tended to make the rule applicable to such cases , and yet he thinks it has been so expressed as to require that it should be so applied ; I am unable to perceive this necessity ...
Página 16
... opinion that the counsel is correct . The distinction between the defence to an action and mitigation of the damages , is well un- derstood by every lawyer . Before the Code nothing was better settled than that every plea must contain ...
... opinion that the counsel is correct . The distinction between the defence to an action and mitigation of the damages , is well un- derstood by every lawyer . Before the Code nothing was better settled than that every plea must contain ...
Página 19
... opinion of wit- nesses as evidence of the wagon's being necessary for the plain- tiff . By the Court , CADY , Justice . - By 2 R. S. 367 , § 22 , various articles of the personal property of a debtor , being a householder , are exempt ...
... opinion of wit- nesses as evidence of the wagon's being necessary for the plain- tiff . By the Court , CADY , Justice . - By 2 R. S. 367 , § 22 , various articles of the personal property of a debtor , being a householder , are exempt ...
Página 22
... opinion that it should be denied . To warrant a judgment under the 247th section , the case should be entirely clear ; palpable on the statement of the facts , and requir- ing no argument to make it more apparent . It was to prevent the ...
... opinion that it should be denied . To warrant a judgment under the 247th section , the case should be entirely clear ; palpable on the statement of the facts , and requir- ing no argument to make it more apparent . It was to prevent the ...
Outras edições - Ver tudo
Practice Reports in the Supreme Court and Court of Appeals, Volume 38 Nathan Howard (Jr.) Visualização integral - 1870 |
Practice Reports in the Supreme Court and Court of Appeals, Volume 5 Nathan Howard (Jr.) Visualização integral - 1851 |
Practice Reports in the Supreme Court and Court of Appeals, Volume 43 Nathan Howard (Jr.) Visualização integral - 1872 |
Palavras e frases frequentes
affidavit Albany allowed amend amount answer appeal application arrest assignment attorney authority averments bill brought cause of action charge circuit claim clause clerk Code commenced common law complaint contained contract costs counsel county judge Court of Chancery creditors damages debt decision defendant defendant's demand demurrer denied dollars Dutchess County entered entitled equity evidence execution fees fendant filed frivolous granted ground held injunction intended irregularity irrelevant jurisdiction jury justice Justice.-The legislature matter ment mitigation of damages mortgage motion necessary notice nunc pro tunc objection party payment place of trial plain plaintiff plea pleading practice proceedings provisions question Rail Road reason recover redundant reference relief remedy remittitur replevin Revised Statutes rule scire facias Scoville served sheriff slander Special Term stricken sufficient suit summons SUPREME COURT taken thereof tion trustees twenty days Utica Washington Mutual Wend witness words writ
Passagens conhecidas
Página 17 - 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.
Página 474 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 391 - 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...
Página 34 - To render an appeal effectual for any purpose, a written undertaking must be executed on the part of the appellant by at least two sureties, to the effect that the appellant will pay all costs and...
Página 48 - From the time of the service of the summons in a civil action, the court shall be deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. A voluntary appearance of a defendant shall be equivalent to personal service of the summons upon him.
Página 232 - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
Página 279 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Página 92 - When it appears by the complaint that the plaintiff is entitled to the relief demanded and...
Página 195 - When a married woman is a party, her husband must be joined with her, except that, 1. When the action concerns her separate property, she may sue alone ; 2. When the action is between herself and her husband, she may sue or be sued alone.
Página 392 - ... 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.