Practice Reports in the Supreme Court and Court of Appeals, Volume 6Joel Munsell, 1852 |
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Página 8
... rule is fatal to the sufficiency of the affidavit . It is true , that a compliance with the requirements has been enforced with great strictness . Although , since the adoption of the 48th rule , which has had the effect to change very ...
... rule is fatal to the sufficiency of the affidavit . It is true , that a compliance with the requirements has been enforced with great strictness . Although , since the adoption of the 48th rule , which has had the effect to change very ...
Página 9
... rule . But it has never been held that the affi- davit must be made in the very words in which the rule is ex- pressed . In Brownell vs. Marsh , BRONSON , J. , said that " an affidavit that a party had fully and fairly stated this case ...
... rule . But it has never been held that the affi- davit must be made in the very words in which the rule is ex- pressed . In Brownell vs. Marsh , BRONSON , J. , said that " an affidavit that a party had fully and fairly stated this case ...
Página 12
... rule requires the application , in a case like this , to be made in the county where the trial has been had . In this conclusion I can not concur . I do not understand the rule mentioned as having any ap- plication whatever to cases of ...
... rule requires the application , in a case like this , to be made in the county where the trial has been had . In this conclusion I can not concur . I do not understand the rule mentioned as having any ap- plication whatever to cases of ...
Página 13
... rule . What court is it that renders judgment upon the decision of a referee ? I understand it to be the Supreme Court - not the Supreme Court of Schoharie , or of Albany - but of the state of New York . If this be so , the motion for ...
... rule . What court is it that renders judgment upon the decision of a referee ? I understand it to be the Supreme Court - not the Supreme Court of Schoharie , or of Albany - but of the state of New York . If this be so , the motion for ...
Página 15
... rule allowing the defendants twenty days further time to answer the amended complaints . SUPREME COURT . GRAHAM agt ... rules of law allow ) to reduce the amount of damages ( § 165 ) . And whether the justification is proved or not ...
... rule allowing the defendants twenty days further time to answer the amended complaints . SUPREME COURT . GRAHAM agt ... rules of law allow ) to reduce the amount of damages ( § 165 ) . And whether the justification is proved or not ...
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.