Practice Reports in the Supreme Court and Court of Appeals, Volumen6Joel Munsell, 1852 |
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Página 8
... objection to the affidavit . In the case first cited , there was an entire omission of the allegation . that the party had fully and fairly stated the case to his counsel . In the other case cited from Howard , the party had sworn that ...
... objection to the affidavit . In the case first cited , there was an entire omission of the allegation . that the party had fully and fairly stated the case to his counsel . In the other case cited from Howard , the party had sworn that ...
Página 27
... objection arising de hors the record ( 15 W.R. 583 ) . Applying this rule as to the scope and office of this writ , I do not see how the point raised upon this return can avail the plaintiff . The fact whether the mother of this child ...
... objection arising de hors the record ( 15 W.R. 583 ) . Applying this rule as to the scope and office of this writ , I do not see how the point raised upon this return can avail the plaintiff . The fact whether the mother of this child ...
Página 54
... objected that she had not appeared and prosecuted by her next friend . At the special term , before EDMONDS , J. , it had been held that the objection was fatal , and that a wife could not sue her hus- band , without appearing by her ...
... objected that she had not appeared and prosecuted by her next friend . At the special term , before EDMONDS , J. , it had been held that the objection was fatal , and that a wife could not sue her hus- band , without appearing by her ...
Página 57
... objection ; and that the objection was substantially , that the plain- tiff has not legal capacity to sue ; and sections 148 and 144 of the Code were relied on for these positions . Those sections relate to the subject of pleading , and ...
... objection ; and that the objection was substantially , that the plain- tiff has not legal capacity to sue ; and sections 148 and 144 of the Code were relied on for these positions . Those sections relate to the subject of pleading , and ...
Página 58
... objection by pleading after he had once waived it . The case of Wood vs. Wood , in 8 Wend . and other cases show that the objection might , before the Code , be raised at any time ; and that it is an answer to a motion of the plaintiff ...
... objection by pleading after he had once waived it . The case of Wood vs. Wood , in 8 Wend . and other cases show that the objection might , before the Code , be raised at any time ; and that it is an answer to a motion of the plaintiff ...
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Términos y frases comunes
affidavit Albany allowed amend amount answer appeal application arrest assignment attorney authority averments bill brought cause of action charge circuit claim clause clerk Code commenced common law complaint contained contract costs counsel county judge Court of Chancery creditors damages debt decision defendant defendant's demand demurrer denied dollars Dutchess County entered entitled equity evidence execution fees fendant filed frivolous granted ground held injunction intended irregularity irrelevant jurisdiction jury justice Justice.-The legislature matter ment mitigation of damages mortgage motion necessary notice nunc pro tunc objection party payment place of trial plain plaintiff plea pleading practice proceedings provisions question Rail Road reason recover redundant reference relief remedy remittitur replevin Revised Statutes rule scire facias Scoville served sheriff slander Special Term stricken sufficient suit summons SUPREME COURT taken thereof tion trustees twenty days Utica Washington Mutual Wend witness words 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.