Practice Reports in the Supreme Court and Court of Appeals, Volume 10Joel Munsell, 1860 - Civil procedure |
From inside the book
Results 1-5 of 100
Page 5
... 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 than against its property . But the Code makes no ...
... 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 than against its property . But the Code makes no ...
Page 11
... 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 only be compelled where the court can see by the plead- ings , or other papers of the ...
... 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 only be compelled where the court can see by the plead- ings , or other papers of the ...
Page 23
... necessary to form a full and perfect belief . Where is the agent who gave the note , where the bill - book of the company , or the appropriate entries to show the trans- action out of which the note may have sprung ? It is not to be ...
... necessary to form a full and perfect belief . Where is the agent who gave the note , where the bill - book of the company , or the appropriate entries to show the trans- action out of which the note may have sprung ? It is not to be ...
Page 29
... necessary facts were proved to show that the prelimi- naries required had been taken by the board of supervisors , viz . , the order , its filing and publication in one or more papers for the period of three weeks . The district ...
... necessary facts were proved to show that the prelimi- naries required had been taken by the board of supervisors , viz . , the order , its filing and publication in one or more papers for the period of three weeks . The district ...
Page 33
... necessary to enable him to recover upon it . The complaint in this case , being one of the " plainest kind " of declarations upon a written instrument , necessarily raised the question , what was necessary to be stated and averred to ...
... necessary to enable him to recover upon it . The complaint in this case , being one of the " plainest kind " of declarations upon a written instrument , necessarily raised the question , what was necessary to be stated and averred to ...
Other editions - View all
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.