The Encyclopaedia of Pleading and Practice: Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases, Volumen15E. Thompson Company, 1899 |
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The Encyclopaedia of Pleading and Practice; Under the Codes and Practice ... William Mark McKinney Sin vista previa disponible - 2013 |
Términos y frases comunes
affidavit alleged amend appeal assignment averment Bank Barb bill Blackf breach Brown cause of action complaint Conn contract corporation costs County court court of equity creditors damages decree default defendant demurrer entitled equity evidence Ex Delicto execution fact fendant filed Gray Mass held Hun N. Y. indictment interest Iowa issue joinder joint judge jurisdiction jury justice liability ment Minn misjoinder motion N. J. Eq N. Y. Supreme Ct necessary nonjoinder North Carolina notice offense offer of judgment officer official bond Ohio Ohio St ordinance Paige N. Y. party person plaintiff plea plea in abatement plead proceedings recover rendered rule S. W. Rep sheriff Smith statute sued sufficient suit sureties Tenn term tion trial vacate Wend writ York
Pasajes populares
Página 527 - Part further covenants and agrees to merchandise such wheat in foreign ports , it being understood and agreed between the Party of the First Part and the Party of the Second Part...
Página 280 - It is not a mental discretion, to be exercised ex gratia, but a legal discretion, to be exercised in conformity with the spirit of the law and in a manner to subserve and not to impede or defeat the ends of substantial justice.
Página 608 - Persons who not only have an interest in the controversy, but an interest of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience.
Página 63 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be contracted before such report shall be made.
Página 268 - Court may also, in its discretion, allow a party to file his pleadings after the time limited therefor; and shall relieve a party from a judgment taken against him, through his mistake, inadvertence, surprise, or excusable neglect, and supply an omission in any proceedings, on complaint or motion filed within two years.
Página 522 - We find no authority for the proposition that a contract under seal may be turned into the simple contract of a person not in any way appearing on its face to be a party to or interested in it, on proof de hors the instrument, that the nominal party was acting as the agent of another...
Página 608 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Página 70 - Compelling them to pay to the corporation, which they represent, or to its creditors, any money, and the value of any property, which they have acquired to themselves, or transferred to others, or lost, or wasted, by or through any neglect of or failure to perform or by other violation of their duties.
Página 514 - the action should be brought in the name of the party whose legal right has been affected, against the party who committed or caused the injury, or by or against his personal representative.
Página 282 - The exercise of the mere discretion of the court ought to tend in a reasonable degree, at least, to bring about a judgment on the very merits of the case ; and when the circumstances are such as to lead the court to hesitate upon the motion to open the default, it is better, as a general rule, that the doubt should be resolved in favor of the application.