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 7
... reason why a demurrant should be allowed to state one cause for demurrer , and succeed on another which he has not ... reasons , not involved in the issue , why judgment should be rendered against him . It has been suggested that by the ...
... reason why a demurrant should be allowed to state one cause for demurrer , and succeed on another which he has not ... reasons , not involved in the issue , why judgment should be rendered against him . It has been suggested that by the ...
Página 16
... reason which inclines me to hold that this action is not one " for the recovery of money only , " within the meaning of subdivision 1 of section 129 of the Code ; but one for the recovery of damages which can be measured only in dollars ...
... reason which inclines me to hold that this action is not one " for the recovery of money only , " within the meaning of subdivision 1 of section 129 of the Code ; but one for the recovery of damages which can be measured only in dollars ...
Página 30
... reason of the rule fails , and it is therefore inapplicable . There must be a judgment for the plaintiff , with leave to the defendants Sinclair and wife to withdraw their demurrer , and answer in twenty days , upon the payment of costs ...
... reason of the rule fails , and it is therefore inapplicable . There must be a judgment for the plaintiff , with leave to the defendants Sinclair and wife to withdraw their demurrer , and answer in twenty days , upon the payment of costs ...
Página 31
... reasons assigned by the judge to show that the relators were not entitled to the excise money claimed by them , are omitted , because this question in- volves no matter of practice , and was not passed upon by his associates . ] The ...
... reasons assigned by the judge to show that the relators were not entitled to the excise money claimed by them , are omitted , because this question in- volves no matter of practice , and was not passed upon by his associates . ] The ...
Página 33
... reason that he gave to the payee no new consideration . But was there not a new consideration ? The complaint alleges that the note was transferred to the plaintiff before maturity ; and this is not denied by the answer . The acceptance ...
... reason that he gave to the payee no new consideration . But was there not a new consideration ? The complaint alleges that the note was transferred to the plaintiff before maturity ; and this is not denied by the answer . The acceptance ...
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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.