Practice Reports in the Supreme Court and Court of Appeals, Svazek 5Joel Munsell, 1851 |
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Výsledky 1-5 z 100
Strana 10
... rule is the same in an action on the case ( Mitchell v . Tarbutt , supra ) . But if by his own showing another was a party to the trespass , as declaring that those sued simul cum , J. S. committed the trespass , the old rule was that ...
... rule is the same in an action on the case ( Mitchell v . Tarbutt , supra ) . But if by his own showing another was a party to the trespass , as declaring that those sued simul cum , J. S. committed the trespass , the old rule was that ...
Strana 11
... rule so far as to say , that being named in the writ shall not exclude , if we have no interest . It is not necessary to see what the rule would be if the suit was commenced under the Code by §§ 135 , 136 , 274 ; for these do not apply ...
... rule so far as to say , that being named in the writ shall not exclude , if we have no interest . It is not necessary to see what the rule would be if the suit was commenced under the Code by §§ 135 , 136 , 274 ; for these do not apply ...
Strana 16
... Rule 39 , nor to the existing practice . He does not swear by advice of counsel , nor to a defence on the merits . Perhaps he may mean by defence , his inability to pay . No facts are stated ; and as no facts are stated in the answers ...
... Rule 39 , nor to the existing practice . He does not swear by advice of counsel , nor to a defence on the merits . Perhaps he may mean by defence , his inability to pay . No facts are stated ; and as no facts are stated in the answers ...
Strana 26
... rule was followed in Messenger vs. Holmes ( 12 Wend . R. , 203 ) , where a motion was made to change the venue , on the ground of excitement , after two trials of the cause , in neither of which the jury were able to agree . The court ...
... rule was followed in Messenger vs. Holmes ( 12 Wend . R. , 203 ) , where a motion was made to change the venue , on the ground of excitement , after two trials of the cause , in neither of which the jury were able to agree . The court ...
Strana 27
... rule , by which cases of that kind might thereafter be governed . He held that it was not enough for persons to state their belief that a fair and impartial trial could not be had in the county , but that the facts and cir- cumstances ...
... rule , by which cases of that kind might thereafter be governed . He held that it was not enough for persons to state their belief that a fair and impartial trial could not be had in the county , but that the facts and cir- cumstances ...
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...