Practice Reports in the Supreme Court and Court of Appeals, Volume 6Joel Munsell, 1852 |
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Página 10
... reference to costs , a firm con- sisting of two or more attorneys , was regarded as one attorney . It is claimed by the defendants ' counsel that the rule ought to be otherwise now , in as much as costs are declared to belong to the ...
... reference to costs , a firm con- sisting of two or more attorneys , was regarded as one attorney . It is claimed by the defendants ' counsel that the rule ought to be otherwise now , in as much as costs are declared to belong to the ...
Página 18
... reference to the previous well established rules of law as to what might and what might not be proved in mitigation of damages . This error can not too soon be corrected . The section in question is liable to no such construction . No ...
... reference to the previous well established rules of law as to what might and what might not be proved in mitigation of damages . This error can not too soon be corrected . The section in question is liable to no such construction . No ...
Página 22
... reference to relief under the 152d section , which pro- vides for striking out sham answers and defences . That , how- ever , is a motion to be made before the court ; while relief un- der the 247th section may be obtained before a ...
... reference to relief under the 152d section , which pro- vides for striking out sham answers and defences . That , how- ever , is a motion to be made before the court ; while relief un- der the 247th section may be obtained before a ...
Página 30
... reference . The remedy is by action on the bond . But such action can not be brought without leave of the court ... reference , and no reference to ascertain the amount of damages . 2. That no leave has been obtained from the court to ...
... reference . The remedy is by action on the bond . But such action can not be brought without leave of the court ... reference , and no reference to ascertain the amount of damages . 2. That no leave has been obtained from the court to ...
Página 31
... reference is required to be inserted in the undertaking , but the same section authorizes the ascertaining of damages by reference or otherwise , as the court shall direct . Where the proceeding has been taken under the Code , there is ...
... reference is required to be inserted in the undertaking , but the same section authorizes the ascertaining of damages by reference or otherwise , as the court shall direct . Where the proceeding has been taken under the Code , there is ...
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.