Practice Reports in the Supreme Court and Court of Appeals, Volumen6Joel Munsell, 1852 |
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Página 21
... relief . ( This agrees with the decision on this question in Darrow agt . Miller , 5 How , 247. ) To warrant a judgment under the 247th section of the Code , the case should be entirely clear - palpable upon the statement of the facts ...
... relief . ( This agrees with the decision on this question in Darrow agt . Miller , 5 How , 247. ) To warrant a judgment under the 247th section of the Code , the case should be entirely clear - palpable upon the statement of the facts ...
Página 22
... relief . When a party moves for specific relief , and does not pray for any alternate or general relief , and the motion for specific relief is not granted , the application is denied ( 4 Paige , 537 ; 4 id . 229 ; 5 id . 517 ; 1 Hof ...
... relief . When a party moves for specific relief , and does not pray for any alternate or general relief , and the motion for specific relief is not granted , the application is denied ( 4 Paige , 537 ; 4 id . 229 ; 5 id . 517 ; 1 Hof ...
Página 23
... 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 demurrer is so clearly fri- volous as to authorize this summary judgment , it will be ...
... 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 demurrer is so clearly fri- volous as to authorize this summary judgment , it will be ...
Página 29
... relief sought by his complaint , has good reason for not noticing the cause and bringing it to trial , as well as for supposing the defendants did not desire him to . Besides , he has a manifest interest in saving the fund already in ...
... relief sought by his complaint , has good reason for not noticing the cause and bringing it to trial , as well as for supposing the defendants did not desire him to . Besides , he has a manifest interest in saving the fund already in ...
Página 32
... relief , and has also failed to show that the bond was filed in this district or in a county adjoining this county , so as to make this a proper place for the applica- tion . This irregularity being fatal to the proceedings , it is ...
... relief , and has also failed to show that the bond was filed in this district or in a county adjoining this county , so as to make this a proper place for the applica- tion . This irregularity being fatal to the proceedings , it is ...
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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.