Practice Reports in the Supreme Court and Court of Appeals, Volumen7Joel Munsell, 1852 |
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Página 8
... answer . An order of a justice of this court , staying proceedings twenty days , when served with the affidavit on which it was granted , though unaccompanied by a notice of motion , can not be treated as a nullity . The proper remedy ...
... answer . An order of a justice of this court , staying proceedings twenty days , when served with the affidavit on which it was granted , though unaccompanied by a notice of motion , can not be treated as a nullity . The proper remedy ...
Página 9
... answer already served to stand for an answer to the amended pleading , if the same was appropriate . But the plaintiff was wrong in entering up judgment after he had been served with the order of Justice Mullett . That order stayed the ...
... answer already served to stand for an answer to the amended pleading , if the same was appropriate . But the plaintiff was wrong in entering up judgment after he had been served with the order of Justice Mullett . That order stayed the ...
Página 12
... answer the complaint to be filed , the plaintiffs would take judgment for $ 333 41 with interest , & c . The defendant not having any defence to such claim , suffered judgment by default . An execution was issued against his property ...
... answer the complaint to be filed , the plaintiffs would take judgment for $ 333 41 with interest , & c . The defendant not having any defence to such claim , suffered judgment by default . An execution was issued against his property ...
Página 31
... answer controverted the plaintiff's title , and set up a title in himself , under the last will and testament of the said Peter Putnam , who is deceased . The issues between the parties were tried at a Circuit Court in Montgomery county ...
... answer controverted the plaintiff's title , and set up a title in himself , under the last will and testament of the said Peter Putnam , who is deceased . The issues between the parties were tried at a Circuit Court in Montgomery county ...
Página 36
... answer denying generally all the allegations in the complaint . The next day the plaintiffs ' attorney returned the answer served on him to the defendant's attorney , and per- fected judgment for want of an answer , and issued execution ...
... answer denying generally all the allegations in the complaint . The next day the plaintiffs ' attorney returned the answer served on him to the defendant's attorney , and per- fected judgment for want of an answer , and issued execution ...
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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.