Practice Reports in the Supreme Court and Court of Appeals, Volume 10Joel Munsell, 1860 - Civil procedure |
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Results 1-5 of 100
Page 17
... give , supersedes the necessity of passing on these important points . The relief I propose to give , is by considering the deed to the plaintiff as improperly destroyed , and that the other defendants , having full notice of all the ...
... give , supersedes the necessity of passing on these important points . The relief I propose to give , is by considering the deed to the plaintiff as improperly destroyed , and that the other defendants , having full notice of all the ...
Page 39
... give to the plaintiff any more stringent remedies . The execution must be set aside , and the defendant discharged from imprisonment : but , as the question seems to be a new one , without costs to either party on this motion ; and the ...
... give to the plaintiff any more stringent remedies . The execution must be set aside , and the defendant discharged from imprisonment : but , as the question seems to be a new one , without costs to either party on this motion ; and the ...
Page 42
... give a more unequivocal sanction , or a larger license to the practice of uniting heterogeneous causes of action and defences in the same pleading than are contained in these two sections . And when that part of section 150 , which says ...
... give a more unequivocal sanction , or a larger license to the practice of uniting heterogeneous causes of action and defences in the same pleading than are contained in these two sections . And when that part of section 150 , which says ...
Page 43
... give judgment accordingly . Whenever there is an issue formed upon an answer contain- ing matter in abatement and in bar , the jury may be required to find specially upon each issue ; and if , as in this case , the issue upon the matter ...
... give judgment accordingly . Whenever there is an issue formed upon an answer contain- ing matter in abatement and in bar , the jury may be required to find specially upon each issue ; and if , as in this case , the issue upon the matter ...
Page 48
... give to the complaint the effect of a bill of discovery , and would be an examination of the defendant by bill and answer , which is not permitted by the Code . Besides , the words " facts constituting a cause of action " in the Code ...
... give to the complaint the effect of a bill of discovery , and would be an examination of the defendant by bill and answer , which is not permitted by the Code . Besides , the words " facts constituting a cause of action " in the Code ...
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Common terms and phrases
admitted affidavit alleged alley allowed amendment amount answer application assignment assignor attorney authority avers Bank Barb bill Carnobeli cause of action claim Claverack clerk Code commissioners common law complaint contract corporation costs counsel creditors Cuba damages debt decision decree defendant defendant's demurrer denied deponent district entitled evidence examination execution facts fendant given granted held Hernandez highway impleaded issue John judge judgment jurisdiction jury Justice land legislature liable matter ment mortgage motion New-York notice objection offer of judgment opinion owner paid party payment person plain plaintiff plaintiff in error plank road plea pleading possession premises promissory note proof provision question Railroad Ralph Clark received recover reference rendered rule special term statute street suit SUPREME COURT Switzer testimony thereof tiff tion trial trustees usurious verdict Wend West Troy witness writ
Popular passages
Page 248 - ... that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty whereof he was before a citizen or subject ; which proceedings shall be recorded by the clerk of the court.
Page 381 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 380 - Lord , was indebted to the plaintiff in pounds, for the price and value of goods then sold and delivered by the plaintiff to the defendant, at his request...
Page 257 - ... action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 516 - ... the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Page 315 - Court, and in what respect he has been misled; and thereupon the Court may order the pleading to be amended, upon such terms as shall be just "Sec.
Page 39 - The defendant may be arrested, as hereinafter prescribed, in the following cases: 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the state, or is about to remove therefrom...
Page 63 - No person offered as a witness shall be excluded by reason of his interest in the event of the action.
Page 251 - States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after "he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority...
Page 197 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.