Reports of Decisions on the Code of Procedure, New Series, Svazek 1J. Townshend, 1852 |
Vyhledávání v knize
Výsledky 1-5 z 85
Strana 3
... tion , that the contract which forms the subject of controversy , relating to lands in Livingston county , and the principal wit- nesses , who will be required to testify on the trial , residing there , the action ought to be brought ...
... tion , that the contract which forms the subject of controversy , relating to lands in Livingston county , and the principal wit- nesses , who will be required to testify on the trial , residing there , the action ought to be brought ...
Strana 5
... tion has been dissolved . The second action in which the motion for relief ought properly to be made , is not within this district , and , under the provisions of the code , the motion must be made elsewhere . ( 8 401. ) The motion of ...
... tion has been dissolved . The second action in which the motion for relief ought properly to be made , is not within this district , and , under the provisions of the code , the motion must be made elsewhere . ( 8 401. ) The motion of ...
Strana 7
... tion of sureties the defendant may move to vacate the order of arrest , which motion , if made upon affidavits on the part of the defendant , the plaintiff may oppose by affidavits in addition to Barker v . Russell . those upon which ...
... tion of sureties the defendant may move to vacate the order of arrest , which motion , if made upon affidavits on the part of the defendant , the plaintiff may oppose by affidavits in addition to Barker v . Russell . those upon which ...
Strana 9
... condition of their obliga- tion has not been broken . In the case in question their under-- taking has not been violated , for no process could be issued Langdon v . Wilkes . against the person of their CODE REPORTS . - NEW SERIES . 9.
... condition of their obliga- tion has not been broken . In the case in question their under-- taking has not been violated , for no process could be issued Langdon v . Wilkes . against the person of their CODE REPORTS . - NEW SERIES . 9.
Strana 11
... tion to stay proceedings in this action until the decision in the action by Kane's wife against Langdon ; and also served at the same time an order staying the proceedings of the plaintiff in this action until 8th February , for which ...
... tion to stay proceedings in this action until the decision in the action by Kane's wife against Langdon ; and also served at the same time an order staying the proceedings of the plaintiff in this action until 8th February , for which ...
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absence of malice affidavit alleged allowed amendment amount answer application assignment attachment authority averment bail bill cause of action claim clerk co-defendant Code Rep commenced common law complaint contract counsel court of appeals court of chancery creditor damages debt decision decree defendant defendant's demurrer denied dismissed Dord entered entitled equity evidence examination execution facts favor Ferdinand Suydam filed fraud given granted ground held injunction injury intended issue judge judgment debtor jurisdiction jury justice legislature libel lien Livingston county matter ment mitigation of damages necessary notice of appeal objection obtained opinion order of arrest payment pending person plaintiff plaintiff's attorney pleading practice proceedings promissory note prove provisions question receiver recover reference relief remittitur repealed reply revised statutes rule served sheriff special term Special Term.-New York sufficient suit summons SUPERIOR COURT SUPREME COURT tion trial usury verdict Wend witness YORK COMMON PLEAS
Oblíbené pasáže
Strana 183 - 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.
Strana 164 - 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 37 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Strana 167 - 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 389 - 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...
Strana 95 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Strana 24 - ... it upon the other, or to do any other act, necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from...
Strana 390 - ... 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.
Strana 190 - ... supplementary to the execution, and may be thereupon reviewed in the following cases. 1. When the order grants or refuses, continues or modifies, a provisional remedy.
Strana 412 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.