Practice Reports in the Supreme Court and Court of Appeals, Svazek 5Joel Munsell, 1851 |
Vyhledávání v knize
Výsledky 1-5 z 46
Strana 2
... records shall be " before the justices of the Supreme Court of Judicature of the People of the state of New York . The county courts , including the sessions , are recognized , simply by the name of " County Courts , " in the ...
... records shall be " before the justices of the Supreme Court of Judicature of the People of the state of New York . The county courts , including the sessions , are recognized , simply by the name of " County Courts , " in the ...
Strana 5
... record is disposed of . It is very clear that the de- fendants can not both answer and demur to the same pleading . This was so held by HARRIS , J. , in Slocum vs. Wheeler ( 4 How . Pr . R. , 373 ) . It has been so ruled also in this ...
... record is disposed of . It is very clear that the de- fendants can not both answer and demur to the same pleading . This was so held by HARRIS , J. , in Slocum vs. Wheeler ( 4 How . Pr . R. , 373 ) . It has been so ruled also in this ...
Strana 22
... record . It does not provide for services rendered in summary proceedings before . particular officers . Those proceedings not being required to be conducted by an attorney , have never been supposed to fall within the fee bill , unless ...
... record . It does not provide for services rendered in summary proceedings before . particular officers . Those proceedings not being required to be conducted by an attorney , have never been supposed to fall within the fee bill , unless ...
Strana 55
... record by expunging scandalous matter . It can not be done by demurrer ( 1 Dan . Practice , 401 ; Code , § 144 ) . By " irrelevant or re- dundant " in the Code , I take it is meant , what is usually under- stood as impertinent ; for a ...
... record by expunging scandalous matter . It can not be done by demurrer ( 1 Dan . Practice , 401 ; Code , § 144 ) . By " irrelevant or re- dundant " in the Code , I take it is meant , what is usually under- stood as impertinent ; for a ...
Strana 56
... record may not move to strike it out ( Coffin v . Cooper , 6 Ves . 514 ; Williams v . Douglass , 5 Bear . 82 ; ex parte Simpson , 15 Ves . 477 ; 5 id . 656 , note ) . And the court , it seems , will do it without application of any one ...
... record may not move to strike it out ( Coffin v . Cooper , 6 Ves . 514 ; Williams v . Douglass , 5 Bear . 82 ; ex parte Simpson , 15 Ves . 477 ; 5 id . 656 , note ) . And the court , it seems , will do it without application of any one ...
Další vydání - Zobrazit všechny
Practice Reports in the Supreme Court and Court of Appeals, Svazek 38 Nathan Howard (Jr.) Úplné zobrazení - 1870 |
Practice Reports in the Supreme Court and Court of Appeals, Svazek 43 Nathan Howard (Jr.) Úplné zobrazení - 1872 |
Practice Reports in the Supreme Court and Court of Appeals, Svazek 41 Nathan Howard (Jr.) Úplné zobrazení - 1871 |
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affidavit alleged allowed amend amount answer appeal application arrest assignment attorney authority bill Canal Bank cause of action certiorari chancery church claimed clerk Code codefendant commenced common law complaint contract corporation costs counsel county judge Court of Chancery creditors damages debt debtor decision defendant's demurrer denied entitled equity evidence examination execution facts favor fendant filed given granted ground held injunction intended issue judgment judgment debtor jurisdiction jury Justice legislature lien matter ment motion ne exeat notice objection paid party payment person place of trial plaintiff in error pleading proceedings promissory note provisional remedy question Rail Road reason received recover referred remedy rendered replevin reside Revised Statutes rule served sheriff Special Term statute of frauds suit summons SUPREME COURT Suydam taken tenant thereof tion trust twenty days Van Benthuysen venue Wend witness writ
Oblíbené pasáže
Strana 311 - Service by mail may be made, where the person making the service, and the person on whom it is to be made, reside in different places, between which there is a regular communication by nail SEC.
Strana 101 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Strana 100 - 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.
Strana 6 - A statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
Strana 468 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306.
Strana 412 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Strana 102 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Strana 309 - An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made.
Strana 312 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable npglect, and may supply an omission in any proceeding...
Strana 101 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...