The Code of Procedure of the State of New York, as Amended to 1870: With Notes on Pleading and Practice, Rules of the Courts, and a Full IndexBaker, Voorhis & Company, 1870 - Počet stran: 861 |
Vyhledávání v knize
Výsledky 1-5 z 98
Strana xii
... demurrer and answer . SEC . 143. Defendant to demur or answer . 144. When the defendant may demur .. 145. Demurrer , what to specify .. 146. How to proceed if complaint be amended .. 147. Objection not appearing on complaint .. 148 ...
... demurrer and answer . SEC . 143. Defendant to demur or answer . 144. When the defendant may demur .. 145. Demurrer , what to specify .. 146. How to proceed if complaint be amended .. 147. Objection not appearing on complaint .. 148 ...
Strana xv
... demurrer , answer , or reply . 362 CHAPTER II . - Issues and the mode of trial . SEC . 248. The different kinds of issues .... 366 249. Issue of law .. 366 250. Issue of fact . 366 251. On issues of both law and fact , the issue of law ...
... demurrer , answer , or reply . 362 CHAPTER II . - Issues and the mode of trial . SEC . 248. The different kinds of issues .... 366 249. Issue of law .. 366 250. Issue of fact . 366 251. On issues of both law and fact , the issue of law ...
Strana 60
... Demurrer . - A demurrer is the only proper mode of objecting to a pleading in a justice's court ( Mayor of N. Ÿ . v . Mason , 1 Abb . 344 ; 4 E. D. Smith , 142 ) . The demurrer need not specify the grounds of demurrer ( Stern v ...
... Demurrer . - A demurrer is the only proper mode of objecting to a pleading in a justice's court ( Mayor of N. Ÿ . v . Mason , 1 Abb . 344 ; 4 E. D. Smith , 142 ) . The demurrer need not specify the grounds of demurrer ( Stern v ...
Strana 62
... demurrer , see ante , 60 , b . b . Variance . - A recovery may be had upon a quantum meruit for work and labor proved to have been performed , although the complaint is upon a special contract only which is not put in evidence ...
... demurrer , see ante , 60 , b . b . Variance . - A recovery may be had upon a quantum meruit for work and labor proved to have been performed , although the complaint is upon a special contract only which is not put in evidence ...
Strana 106
... demurrer Wright v . Storrs , 6 Bosw . 600 ) . i . In an action by partner against his copartner to dissolve the copartner- ship and to set aside a fraudulent sale of the partnership property , the vendee should be a party ( Webb v ...
... demurrer Wright v . Storrs , 6 Bosw . 600 ) . i . In an action by partner against his copartner to dissolve the copartner- ship and to set aside a fraudulent sale of the partnership property , the vendee should be a party ( Webb v ...
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The Code of Procedure of the State of New York, as Amended to 1870: With ... New York (State),John Townshend Zobrazení fragmentů - 1870 |
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affidavit alleged allowed Am'd amend amount answer appeal apply appointed arrest assignment attachment attorney authority averment Bank Barb bond Bosw brought Brown cause of action charge claim Code Rep commenced complaint contract copy corporation costs court creditor damages debt debtor defendant delivered demand demurrer denied Duer E. D. Smith entered entitled evidence execution facts filed give given granted ground held Hill interest issue Johns judge judgment jurisdiction jury justice leave ment motion necessary notice objection obtained paid party payment person plaintiff pleading possession proceedings question receiver recover reference refused rendered resident rule Sand separate served sheriff statute sufficient suit summons supreme court taken term thereof tion tort trial unless verdict Wend witness York
Oblíbené pasáže
Strana 114 - 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 264 - 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...
Strana 762 - Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term they shall hold for the residue of the unexpired term.
Strana 85 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Strana 219 - Procedure provides that the answer of the defendant shall contain (2) a statement of any new matter constituting a defense or counterclaim. Section 438 thereof provides that — "The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action...
Strana 309 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Strana 594 - The defendant may, at any time before the trial or verdict, serve upon the plaintiff, an offer in writing to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Strana 109 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Strana 759 - Judges of the court of appeals, and justices of the supreme court, may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein.
Strana 87 - . íío acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.