... that it is insufficient in law, upon the face thereof. § 494. The plaintiff may demur to a counterclaim or a defence consisting of new matter, contained in the answer, on the ground that it is insufficient in law, upon the face thereof. The New York Supplement - Página 7291901Vista completa - Acerca de este libro
| New York (State) - 1876 - 398 páginas
...a"ji"'er to traverse to, or avoidance of, a defence or counterclaim, contained in the Defendant reply, on the ground that it is insufficient in law, upon the face thereof. m)a1-'ed1emur § 494. The plaintiff may demur to*a counterclaim or a defence con- when Y sisting1 of... | |
| New York (State), William Wait - 1877 - 662 páginas
...Defendseparate traverse to, or avoidance of, a defence or counterclaim, con- demur tained in the reply, on the ground that it is insufficient in law, upon the face thereof. Code Pro., § 155, amended ; 2 Wait's Thomai v. Loaners1 Bank of Nw>- York, Pr. 461 ; Wait's Code,... | |
| New York (State) - 1879 - 436 páginas
...answer to traverse to, or avoidance of, a defence or counterclaim, contained in the defendant reply, on the ground that it is insufficient in law, upon the face thereof, may demur § 494, The plaintiff may demur to a counterclaim or a defence conwhen y' sisting of new... | |
| Nathan Howard (Jr.), Rowland M. Stover - 1880 - 700 páginas
...injury and expense in the sum of three thousand dollars." To the fourth defense plaintiff demurred on the ground that it is insufficient in law upon the face thereof. To the sixth answer on the same ground. The demurrer to the seventh answer specified six grounds :... | |
| 1881 - 956 páginas
...shares of the said bank otherwise than in the manner above stated. To that defence the plaintiff demurs, on the ground that it is insufficient in law upon the face thereof. It is provided by section 12 of said act of 1864 — " That the capital stock of any association formed... | |
| New York (State) - 1881 - 1532 páginas
...plaintiff may demur to a counterclaim or a defence consisting of new matter, contained in the answer, on the ground that it is insufficient in law, upon the face thereof. Id., part of 1153. Merrill r. Mlllard.5 Bosw. 645; Cobb ». Fraiee,4 How. 413: Welch r. Hazelton, 14... | |
| 1883 - 524 páginas
...good cause of action; and accordingly section 494 allows the plaintiff to demur to a counter claim, "on the ground that it is insufficient in law, upon the face thereof;" arid, if the defendant demands an affirmative judgment upon his counter-claim, section 495 allows a... | |
| United States. Circuit Court (2nd Circuit) - 1883 - 636 páginas
...shares of the said bank otherwise than in the manner above stated. To that defence the plaintiff demurs, on the ground that it is insufficient in law upon the face thereof. It is provided by § 12 of said Act of 1864, "that the capital stock of any association formed under... | |
| Nathan Howard (Jr.), Rowland M. Stover - 1884 - 658 páginas
...Section 494 of VOL. LXVII 34 Safford agt. Snedeker. the Code allows of a demurrer to a counter-claim upon the ground that it is insufficient in law upon the face thereof. A failure to specify the particular defect under section 495, subdivision 4, is amendable under Code,... | |
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