Practice Reports in the Supreme Court and Court of Appeals, Volume 6Joel Munsell, 1852 |
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Página 16
... plea must contain such matters of defence as would constitute an entire bar to the action , and that those partial defences which did not affect the right of recovery , but the amount merely , could not be pleaded . They were not ...
... plea must contain such matters of defence as would constitute an entire bar to the action , and that those partial defences which did not affect the right of recovery , but the amount merely , could not be pleaded . They were not ...
Página 17
... plea the speaking of the words charged , he was com- pelled upon trial to rely upon his justification alone , and could not resort to evidence in mitigation of damages , as he could where the speaking of the words was denied . This is ...
... plea the speaking of the words charged , he was com- pelled upon trial to rely upon his justification alone , and could not resort to evidence in mitigation of damages , as he could where the speaking of the words was denied . This is ...
Página 23
... plea , out of its order on the calendar ( 1 Wend . 57 ) , and now , you may move before a judge , on a notice of five days for the same and even more extensive relief . This gives the same remedy against a frivolous reply as formerly ...
... plea , out of its order on the calendar ( 1 Wend . 57 ) , and now , you may move before a judge , on a notice of five days for the same and even more extensive relief . This gives the same remedy against a frivolous reply as formerly ...
Página 49
... plea or answer entitling the defendant to a return , & c . can not discontinue the suit by an entry of a rule and payment of costs . Though as a general rule , the plaintiff may discontinue as a matter of course ( on payment of costs ) ...
... plea or answer entitling the defendant to a return , & c . can not discontinue the suit by an entry of a rule and payment of costs . Though as a general rule , the plaintiff may discontinue as a matter of course ( on payment of costs ) ...
Página 50
... with the Code . By the former statute , if the defendant obtained judg- ment by discontinuance or nonsuit , or by default , & c . after a plea Wilson agt . Wheeler . entitling him to a return 50 NEW - YORK PRACTICE REPORTS .
... with the Code . By the former statute , if the defendant obtained judg- ment by discontinuance or nonsuit , or by default , & c . after a plea Wilson agt . Wheeler . entitling him to a return 50 NEW - YORK PRACTICE REPORTS .
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 alleged allowed amend amount answer appeal application arrest assignment attorney authority bill brought cause of action charge circuit claim clerk Code commenced common complaint constitute contained contract costs counsel damages debt decided decision defendant defendant's demand demurrer denied direct effect entered entitled evidence execution exist facts filed former give given granted ground held injunction intended interest irregularity issue judge judgment justice material matter meaning ment motion move necessary notice objection obtained opinion party payment person plaintiff plea pleading practice present proceedings proper prove provisions question Rail reason recover reference relation relief remedy Road rule says seems separate served Special Term specified statement statute strike sufficient suit SUPREME COURT taken tion trial true whole witness 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.