Practice Reports in the Supreme Court and Court of Appeals, Volumen6Joel Munsell, 1852 |
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Página 22
... moves for specific relief , and does not pray for any alternate or general relief , and the motion for specific ... move for judgment on a frivolous demurrer , or on account of the frivo- Rae agt . The Washington Mutual Insurance Co ...
... moves for specific relief , and does not pray for any alternate or general relief , and the motion for specific ... move for judgment on a frivolous demurrer , or on account of the frivo- Rae agt . The Washington Mutual Insurance Co ...
Página 23
... move before a judge , on a notice of five days for the same and even more extensive relief . This gives the same remedy against a frivolous reply as formerly existed in the case of a frivolous plea . In order to determine whether the ...
... move before a judge , on a notice of five days for the same and even more extensive relief . This gives the same remedy against a frivolous reply as formerly existed in the case of a frivolous plea . In order to determine whether the ...
Página 28
... move it at the circuit , when he had opportunity , he can not afterwards at a special term move for the dismissal of the complaint , because the plaintiff did not notice or bring to trial . The 23d rule , it seems , was not intended to ...
... move it at the circuit , when he had opportunity , he can not afterwards at a special term move for the dismissal of the complaint , because the plaintiff did not notice or bring to trial . The 23d rule , it seems , was not intended to ...
Página 29
... move it in its order . N. F. GRAVES , for the Motion . JOHN SESSIONS , Contra . PRATT , Justice . - The Code provides that either party , giving notice of trial , may proceed with the cause in its order upon the calendar , and in the ...
... move it in its order . N. F. GRAVES , for the Motion . JOHN SESSIONS , Contra . PRATT , Justice . - The Code provides that either party , giving notice of trial , may proceed with the cause in its order upon the calendar , and in the ...
Página 30
... moves to set aside the summons and complaint served on him on three grounds : 1. That there has been no order of reference , and no reference to ascertain the amount of damages . 2. That no leave has been obtained from the court to ...
... moves to set aside the summons and complaint served on him on three grounds : 1. That there has been no order of reference , and no reference to ascertain the amount of damages . 2. That no leave has been obtained from the court to ...
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Términos y frases comunes
affidavit alleged allowed amend amount answer appeal application arrest assignment attorney authority bill brought cause of action charge circuit claim clerk Code commenced common complaint constitute contained contract costs counsel damages debt decided decision defendant defendant's demand demurrer denied direct effect entered entitled evidence execution exist facts filed former give given granted ground held injunction intended interest irregularity issue judge judgment justice material matter meaning ment motion move necessary notice objection obtained opinion party payment person plaintiff plea pleading practice present proceedings proper prove provisions question Rail reason recover reference relation relief remedy Road rule says seems separate served Special Term specified statement statute strike sufficient suit SUPREME COURT taken tion trial true whole witness writ
Pasajes populares
Página 17 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Página 474 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 391 - 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 34 - To render an appeal effectual for any purpose, a written undertaking must be executed on the part of the appellant by at least two sureties, to the effect that the appellant will pay all costs and...
Página 48 - From the time of the service of the summons in a civil action, the court shall be deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. A voluntary appearance of a defendant shall be equivalent to personal service of the summons upon him.
Página 232 - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
Página 279 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Página 92 - When it appears by the complaint that the plaintiff is entitled to the relief demanded and...
Página 195 - When a married woman is a party, her husband must be joined with her, except that, 1. When the action concerns her separate property, she may sue alone ; 2. When the action is between herself and her husband, she may sue or be sued alone.
Página 392 - ... party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case ; or, where the amendment does not change substantially the claim or defence, by conforming the pleading or other proceeding to the facts proved.