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 5
... issue ; in the other , none of these seem to be necessary to the prosecution of the suit . There are other distinctions not important here . It has been intimated that there can be no proceeding against a foreign cor- poration other ...
... issue ; in the other , none of these seem to be necessary to the prosecution of the suit . There are other distinctions not important here . It has been intimated that there can be no proceeding against a foreign cor- poration other ...
Page 11
... issue is to be tried , and then , if de- cided in the plaintiff's favor , it may be necessary to examine the accounts of the parties . If that issue is found for the de- fendants , then no accounts are to be examined . A reference can ...
... issue is to be tried , and then , if de- cided in the plaintiff's favor , it may be necessary to examine the accounts of the parties . If that issue is found for the de- fendants , then no accounts are to be examined . A reference can ...
Page 26
... issue , were rendered somewhat more stringent by the Code than they had heretofore been . But if answers like the one interposed in this case are to be upheld , the Code will be invoked to sustain the most empty and frivolous plead ...
... issue , were rendered somewhat more stringent by the Code than they had heretofore been . But if answers like the one interposed in this case are to be upheld , the Code will be invoked to sustain the most empty and frivolous plead ...
Page 31
... issue is joined . New - York Special Term , 1854. — The summons , by which the suit was commenced , specified the name of the county in which the trial was desired ; but the complaint , which was afterward Merrill agt . Grinnell and ...
... issue is joined . New - York Special Term , 1854. — The summons , by which the suit was commenced , specified the name of the county in which the trial was desired ; but the complaint , which was afterward Merrill agt . Grinnell and ...
Page 32
... issue joined , that question cannot be correctly passed upon . Until then , the court cannot judge what wit- nesses may be needed . It may be that the answer or reply Prindle agt . Carruthers . will dispense with the necessity 32 NEW ...
... issue joined , that question cannot be correctly passed upon . Until then , the court cannot judge what wit- nesses may be needed . It may be that the answer or reply Prindle agt . Carruthers . will dispense with the necessity 32 NEW ...
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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.