Practice Reports in the Supreme Court and Court of Appeals, Volume 6Joel Munsell, 1852 |
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Resultados 1-5 de 66
Página 15
... strike out of the amended com- plaints all statements of facts which have arisen since the original complaint was made . This result renders it unnecessary to con- sider the other questions which were discussed by counsel upon the ...
... strike out of the amended com- plaints all statements of facts which have arisen since the original complaint was made . This result renders it unnecessary to con- sider the other questions which were discussed by counsel upon the ...
Página 22
... 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 judge on five days notice . 2d . But granting that the motion ...
... 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 judge on five days notice . 2d . But granting that the motion ...
Página 66
... strike out a part of an answer for irrelevancy , uncertainty , insufficiency and as not ten- dering an issue , & c . The counsel for the defendant objected that the motion ought not to be entertained , because not made upon an affidavit ...
... strike out a part of an answer for irrelevancy , uncertainty , insufficiency and as not ten- dering an issue , & c . The counsel for the defendant objected that the motion ought not to be entertained , because not made upon an affidavit ...
Página 68
... strike out re- dundant or irrelevant matter . The complaint alleges that the defendant became a stockholder in the plaintiffs ' company in the manner prescribed by law , and that the sum of $ 950 is due from the defendant upon the stock ...
... strike out re- dundant or irrelevant matter . The complaint alleges that the defendant became a stockholder in the plaintiffs ' company in the manner prescribed by law , and that the sum of $ 950 is due from the defendant upon the stock ...
Página 69
... strike out all that part of the answer which states the matters mentioned in this paragraph , so as to leave the defence to stand upon the denial of the allegations in the bill , and the averment that since the defendant subscribed the ...
... strike out all that part of the answer which states the matters mentioned in this paragraph , so as to leave the defence to stand upon the denial of the allegations in the bill , and the averment that since the defendant subscribed 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.