Practice Reports in the Supreme Court and Court of Appeals, Volumen7Joel Munsell, 1852 |
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Página 10
... judgment . In the other , it can only be had upon appeal after judgment . A brief notice of each mode of proceeding may be useful . First , in respect to trials by jury . The 265th section of the Code provides that where a special ...
... judgment . In the other , it can only be had upon appeal after judgment . A brief notice of each mode of proceeding may be useful . First , in respect to trials by jury . The 265th section of the Code provides that where a special ...
Página 11
... judgment . Besides the appeal , before judgment , from the decision at the circuit or special term , granting or refusing a new trial under the second subdivision of the 349th section , an appeal , upon questions of law , may be taken ...
... judgment . Besides the appeal , before judgment , from the decision at the circuit or special term , granting or refusing a new trial under the second subdivision of the 349th section , an appeal , upon questions of law , may be taken ...
Página 12
... judgment . The plaintiffs could not have judgment for their debt , because the gravamen of the action was fraud . Whether if the complaint had not contained any allegations of fraud , an ex- ecution might have issued against the person ...
... judgment . The plaintiffs could not have judgment for their debt , because the gravamen of the action was fraud . Whether if the complaint had not contained any allegations of fraud , an ex- ecution might have issued against the person ...
Página 13
... judgment should be recovered by default , of subjecting the defendant to imprisonment upon execution . The defendant states that had he been apprised of the nature of the action , he should have defended it ; and that he could have done ...
... judgment should be recovered by default , of subjecting the defendant to imprisonment upon execution . The defendant states that had he been apprised of the nature of the action , he should have defended it ; and that he could have done ...
Página 14
... judgment . For I can not agree with the plaintiffs ' counsel that , upon such a complaint , the plaintiffs would have been entitled to judgment for their debt , even though the issue upon the allegations of fraud should be found against ...
... judgment . For I can not agree with the plaintiffs ' counsel that , upon such a complaint , the plaintiffs would have been entitled to judgment for their debt , even though the issue upon the allegations of fraud should be found against ...
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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.