Reports of Practice Cases, Determined in the Courts of the State of New York: With a Digest of All Points of Practice Embraced in the Standard New York Reports ..., Volumen6J.S. Voorhies, 1858 |
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Página 4
... the judgment - roll . Prior to the Code , in all cases in which the damages were assessed by the clerk , as a matter of course , the Revised Statutes , The American Exchange Bank a . Smith . while they 4 ABBOTTS ' PRACTICE REPORTS .
... the judgment - roll . Prior to the Code , in all cases in which the damages were assessed by the clerk , as a matter of course , the Revised Statutes , The American Exchange Bank a . Smith . while they 4 ABBOTTS ' PRACTICE REPORTS .
Página 7
... is provided that if the matter of objection does not appear on the face of the complaint , it may be set up in the answer ; but if not so stated , where the objection is to the Sexton a . Fleet . jurisdiction , or the want NEW - YORK . 7.
... is provided that if the matter of objection does not appear on the face of the complaint , it may be set up in the answer ; but if not so stated , where the objection is to the Sexton a . Fleet . jurisdiction , or the want NEW - YORK . 7.
Página 8
... matter of objection does not appear on the face of the com- plaint , then it may be set up in the answer ; and if no such ob- jection ( that is , an objection to the jurisdiction which does not appear on the face of the complaint ) be ...
... matter of objection does not appear on the face of the com- plaint , then it may be set up in the answer ; and if no such ob- jection ( that is , an objection to the jurisdiction which does not appear on the face of the complaint ) be ...
Página 17
... matter , —e . g . fraud in the inception of the note , which , if proved , will call upon the plaintiff to show ... matters not presumed to be within the pleader's knowledge , even though the mat- ters are such as , if proved , will ...
... matter , —e . g . fraud in the inception of the note , which , if proved , will call upon the plaintiff to show ... matters not presumed to be within the pleader's knowledge , even though the mat- ters are such as , if proved , will ...
Página 18
... matter stated in the answer . The matter stated in the answer , if proved , would compel the plaintiffs to prove themselves bona fide holders of the note be- fore maturity , for value . The defendant has a right to have those facts ...
... matter stated in the answer . The matter stated in the answer , if proved , would compel the plaintiffs to prove themselves bona fide holders of the note be- fore maturity , for value . The defendant has a right to have those facts ...
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Términos y frases comunes
24 Barb affidavit affirmed alleged amended American Exchange Bank amount answer application appointed assignment attorney averment cause of action certificate claim clerk Code commenced complaint Conover contract corporation costs court of equity creditors Croton Aqueduct damages debt debtor defendant defendant's demurrer denied Devlin District Duer E. D. Smith's C. P. R. entitled evidence examination execution facts fendant filed foreclosure fraud fraudulent Gold Hill granted ground held indorsed intended issued judge judgment jurisdiction jury justice liability lien mandamus ment Metropolitan Police District motion notice objection party payee payment person plaintiff pleading proceedings promissory note provisions purchaser question quo warranto receiver recover referee reference remedy Revised Statutes Seventh Dist sheriff Smith special term stockholders subdivision sufficient summons Supreme Court Supreme Ct thereof Third Dist tion trial usury Wend writ York
Pasajes populares
Página 214 - 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 90 - State," passed April 12, 1848. Passed April 11,1849. The act entitled " An act to simplify and abridge the practice, pleadings, and proceedings of the courts of this State...
Página 380 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Página 403 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Página 224 - ... be entitled after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office, and it shall be his duty, immediately thereafter, to demand of the defendant, in the action, all the books and papers in his custody or within his power belonging to the office from which he shall have been excluded.
Página 393 - Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.
Página 41 - 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, or where the action is for an injury to person or character, or for injuring, or for wrongfully taking, detaining or converting property.
Página 147 - If there be no express promise, but a promise is to be raised by implication of law from the acknowledgment of the party, such acknowledgment ought to contain an unqualified and direct admission of a previous, subsisting 'debt, which the party is liable and willing to pay.
Página 554 - 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.
Página 439 - In all cases of appeal to the court of appeals, in actions which were originally commenced in the late court of chancery of this State, the court of appeals shall review the cause upon the facts and the law, without any statement or specification of facts found, or any exception taken at the trial of any or either of them.