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 ..., Volumen3J.S. Voorhies, 1857 |
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Resultados 1-5 de 33
Página xi
... Averment of , held immaterial ... 332 Frivolous answer - is one which contains no defence ... 1 G. General Exception - to charge , cannot be sustained if any part of the charge is correct ... 426 H. Heir - is a necessary party defendant ...
... Averment of , held immaterial ... 332 Frivolous answer - is one which contains no defence ... 1 G. General Exception - to charge , cannot be sustained if any part of the charge is correct ... 426 H. Heir - is a necessary party defendant ...
Página xv
... Averment of , not equivalent to averment of demand , non - payment , and notice ..... Prowling assignee - His right to redeem ... when will be granted , until costs of former suit are paid . 466 39 253 294 363 Q. Quo Warranto - Proper ...
... Averment of , not equivalent to averment of demand , non - payment , and notice ..... Prowling assignee - His right to redeem ... when will be granted , until costs of former suit are paid . 466 39 253 294 363 Q. Quo Warranto - Proper ...
Página 23
... averment is insufficient . The laws relied on must be averred and proved . In the absence of appropriate averments to show the laws of a sister State , the presumption is that the common law as it existed at the time of the separation ...
... averment is insufficient . The laws relied on must be averred and proved . In the absence of appropriate averments to show the laws of a sister State , the presumption is that the common law as it existed at the time of the separation ...
Página 24
... averment in general words , that by the laws of the territory of Michigan , in 1835 , the trust set forth was a valid trust , or power in trust , which courts of equity would enforce , and that it so continued under the laws of the ...
... averment in general words , that by the laws of the territory of Michigan , in 1835 , the trust set forth was a valid trust , or power in trust , which courts of equity would enforce , and that it so continued under the laws of the ...
Página 25
... averment that the trusts are , by the laws of the States in which the lands are situated , valid and subsisting trusts , is therefore nothing more than an averment of the conclusion of the pleader based , 1st upon his knowledge of the ...
... averment that the trusts are , by the laws of the States in which the lands are situated , valid and subsisting trusts , is therefore nothing more than an averment of the conclusion of the pleader based , 1st upon his knowledge of the ...
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Términos y frases comunes
Accessory Transit Company action was brought affidavit alimony alleged allowed amendment amount answer appeal application assignment assignor attorney averment bail Barb bill cause of action certiorari claim clerk Code commenced common council common law complaint contract costs counsel counter-claim Court of Chancery court of equity creditors damages debtor decision decree defendant defendant's demurrer denied District dollars E. D. Smith's C. P. R. entitled equity Erie Railroad evidence execution executor facts filed granted ground held indictment injunction issue judge judgment judgment debtor jurisdiction jurors jury liability lien mandamus ment motion notice objection owners Oyer and Terminer party payment person place of trial plaintiff pleadings presumption proceedings proper provisions question real estate recover reference rendered rule sheriff special term Stats stay of proceedings suit Supreme Court Supreme Ct sustained taken tion Townsend trust verdict Wend York & Erie York Common Pleas
Pasajes populares
Página 387 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Página 140 - After the lapse of five years from the entry of judgment, an execution can be issued only by leave of the court, upon motion...
Página 407 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Página 22 - For the recovery of real property, or of an estate or Interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Página 150 - An issue of fact, in an action for the recovery of money only, or of specific, real or personal property, or for a divorce from the marriage contract on the ground of adultery, must be tried by a jury, unless a jury trial be waived as provided in section 2.'uJ.
Página 119 - 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 41 - It is certainly not only a possible but a probable case, that a witness, by disclosing a single fact, may complete the testimony against himself...
Página 137 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Página 3 - ... general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Página 127 - The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever.