Practice Reports in the Supreme Court and Court of Appeals, Svazek 13Joel Munsell, 1857 |
Vyhledávání v knize
Výsledky 1-5 z 100
Strana 10
... payment of the purchase money and a delivery of a deed . It seems , that a defence of this kind is unavailable in an action against the de- fendants to set aside the deed as fraudulent . They must stand or fall by the validity of the ...
... payment of the purchase money and a delivery of a deed . It seems , that a defence of this kind is unavailable in an action against the de- fendants to set aside the deed as fraudulent . They must stand or fall by the validity of the ...
Strana 12
... payment of the money - the amount bid . ( Catline agt . Jackson , 8 J. R. 520 ; 2 id . 248 ; Shepard agt . Rowe , 14 Wend . 260 ; 4 Hill , 619. ) For aught that appears by the answer , the sale may never have been completed to Hawley ...
... payment of the money - the amount bid . ( Catline agt . Jackson , 8 J. R. 520 ; 2 id . 248 ; Shepard agt . Rowe , 14 Wend . 260 ; 4 Hill , 619. ) For aught that appears by the answer , the sale may never have been completed to Hawley ...
Strana 14
... payment . It is a mere attempt at hypothetical pleading . In the second , the answer is in terms hypothetical - no allegation is denied — no new matter is alleged - of course , no issue is tendered . Columbia Special Term , April , 1856 ...
... payment . It is a mere attempt at hypothetical pleading . In the second , the answer is in terms hypothetical - no allegation is denied — no new matter is alleged - of course , no issue is tendered . Columbia Special Term , April , 1856 ...
Strana 15
... payment . It is a mere attempt at hypothetical pleading . The defendant asserts that no goods were sold which have not been paid for . In other words , he says , " I will neither admit nor deny the sale ; but this I say , that if the ...
... payment . It is a mere attempt at hypothetical pleading . The defendant asserts that no goods were sold which have not been paid for . In other words , he says , " I will neither admit nor deny the sale ; but this I say , that if the ...
Strana 16
... payment of the decree , Held , that the mortgagee had entered into a new contract , which , so far as it differed from the former one , defined and established by his decree , superseded and controlled it . And an injunction was ...
... payment of the decree , Held , that the mortgagee had entered into a new contract , which , so far as it differed from the former one , defined and established by his decree , superseded and controlled it . And an injunction was ...
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 5 Nathan Howard (Jr.) Úplné zobrazení - 1851 |
Practice Reports in the Supreme Court and Court of Appeals, Svazek 43 Nathan Howard (Jr.) Úplné zobrazení - 1872 |
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affidavit alleged allowed amend amount answer application April 12 assessment assignment attachment attorney authority aver cause of action choses in action city of New-York claim clerk Code commenced common pleas complaint contract corporation counter-claim county judge court of appeals court of equity creditors Culver debt decision declares defendant defendant's demurrer denied entered entitled equity Erie Railroad Co evidence ex rel execution facts favor fendants filed foreclosure fraud granted ground Hammondsport held injunction intent issue judgment jurisdiction jury Justice lands legislature lien mandamus marine court matter ment mortgage motion to set New-Orleans New-York Special Term notice paid party payment person place of trial plaintiff pleading possession premises proceedings promissory note proper provisions purchase question receiver recover referee reference Rensselaer county residence Revised Statutes sheriff sold sufficient suit summons SUPREME COURT tion void Wend
Oblíbené pasáže
Strana 229 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Strana 196 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Strana 187 - When the certificate shall have been filed as aforesaid, the persons who shall have signed and acknowledged the same, and their successors, shall be a body politic and corporate, in fact and in name, by the name stated in such certificate...
Strana 249 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Strana 208 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Strana 181 - An Act for rendering the Proceedings upon Writs of Mandamus and Informations in the nature of a Quo Warranto more speedy and effectual, and for the more easy trying and determining the Rights of Offices and Franchises in Corporations and Boroughs...
Strana 334 - When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed.
Strana 161 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Strana 207 - The credit of the State shall not, in any manner, be given or loaned to, or in aid of, any individual, association or corporation.
Strana 565 - The Legislature may, on application of the board of supervisors, provide for the election of local officers, not to exceed two in any county, to discharge the duties of county judge and of surrogate, in cases of their inability, or of a vacancy, and to exercise such other powers in special cases as may be provided by law.