Practice Reports in the Supreme Court and Court of Appeals, Volumen7Joel Munsell, 1852 |
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Página 3
... action by the assignee against the other party to the contract , as where the action is brought against the assignee of such other party . The defendant can not know that his adversary will ex- amine the assignor as a witness , unless ...
... action by the assignee against the other party to the contract , as where the action is brought against the assignee of such other party . The defendant can not know that his adversary will ex- amine the assignor as a witness , unless ...
Página 4
... action or defence be not founded on a written instrument in possession of the attorney , and though all the material ... action on the following grounds : 1. The variance between the complaint and summons in the parties to the action . 2 ...
... action or defence be not founded on a written instrument in possession of the attorney , and though all the material ... action on the following grounds : 1. The variance between the complaint and summons in the parties to the action . 2 ...
Página 13
... action is an action on the case ( Per GRIDLEY , J. in Minor vs. Terry , 6 How . Pr . R. 208 ) . In such an action , the plaintiff was required to set forth particularly the facts upon which he relied as the ground of his action . So now ...
... action is an action on the case ( Per GRIDLEY , J. in Minor vs. Terry , 6 How . Pr . R. 208 ) . In such an action , the plaintiff was required to set forth particularly the facts upon which he relied as the ground of his action . So now ...
Página 14
... action ; one which , instead of merely alleging his indebtedness to the plaintiffs , affects his re- putation and his liberty . The gravamen of the complaint is , that by various false representations and fraudulent devices par ...
... action ; one which , instead of merely alleging his indebtedness to the plaintiffs , affects his re- putation and his liberty . The gravamen of the complaint is , that by various false representations and fraudulent devices par ...
Página 15
... action , or a part of it . The complaint is to contain the facts constituting a cause of action , not a cause of arrest . If the facts alleged as a cause of action also show that the defendant is liable to arrest , it is very well ; but ...
... action , or a part of it . The complaint is to contain the facts constituting a cause of action , not a cause of arrest . If the facts alleged as a cause of action also show that the defendant is liable to arrest , it is very well ; but ...
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Términos y frases comunes
affidavit Albany alleged allowed amended amount answer appeal application assignment attachment attorney authority Bank bill of exceptions cause of action Cayuga county certiorari claim Code commenced commissioners common law complaint confession contract costs counsel County Court Court of Chancery court of equity creditors debt debtor decision defendant defendant's demurrer denied entitled equity evidence execution facts favor fendant filed fraud granted ground held Hudson River injunction interest irregularity issue judge judgment jurisdiction jury justice Justice.-The Justice's Court land lien mandamus Marquat matter ment misjoinder mortgage ne exeat notes notice objection obtained party payment place of trial plaint plaintiff pleading possession proceedings provision purchase question recover reference relief Revised Statutes rule served sheriff Special Term specified sufficient suit summons Supreme Court surrogate thereof tion twenty days verdict verified Welch Jr Wend witnesses writ York
Pasajes populares
Página 203 - It is an established rule in the exposition of statutes that the intention of the lawgiver is to be deduced from a view of the whole and of every part of a statute taken and compared together. The real intention, when accurately ascertained, will always prevail over the literal sense of terms.
Página 222 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Página 148 - To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt; by receiving deposits; by buying and selling exchange, coin, and bullion; by loaning money on personal security; and by obtaining, issuing, and circulating notes according to the provisions of this title.
Página 79 - And when, in an action for the recovery of real or personal property, a person, not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in by the proper amendment.
Página 349 - ... does not necessarily imply a right to the whole or a part of a thing (nor necessarily and exclusively that White agt. Hudson Rivar Insurance Co. which may be the subject of privation) but the having some relation to, or concern in the subject of the insurance...
Página 333 - From the time of the service of the summons in a civil action, the court shall be deemed to have acquired jurisdiction, and to have control of all the subsequent proceedings. A voluntary appearance of a defendant shall be equivalent to personal service of the summons upon him.
Página 447 - If it be for money due or to become due, it must state concisely the facts out of which it arose, and must show that the sum confessed therefor is justly due, or to become due.
Página 6 - The affidavit may also be made by the agent or attorney, if the action or defence be founded upon a written instrument for the payment of money only, and such instrument be in the possession of the agent or attorney, or if all the material allegations of the pleading be within the personal knowledge of the agent or attorney.
Página 438 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Página 177 - If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he shall have sustained, by reason of the usurpation of the office by the defendant.