Practice Reports in the Supreme Court and Court of Appeals, 6±ÇJoel Munsell, 1852 |
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8 ÆäÀÌÁö
... authorities sustain the objection to the affidavit . In the case first cited , there was an entire omission of the allegation that the party had fully and fairly stated the case to his counsel . In the other case cited from Howard , the ...
... authorities sustain the objection to the affidavit . In the case first cited , there was an entire omission of the allegation that the party had fully and fairly stated the case to his counsel . In the other case cited from Howard , the ...
12 ÆäÀÌÁö
... authority supporting his posi- tion . It is true that the learned judge , whose decision is referred to , seems to think that the terms of the 86th rule requires the application , in a case like this , to be made in the county where the ...
... authority supporting his posi- tion . It is true that the learned judge , whose decision is referred to , seems to think that the terms of the 86th rule requires the application , in a case like this , to be made in the county where the ...
14 ÆäÀÌÁö
... authority contained in the last clause of the 121st sec- tion , substitute Ely as a party in the place of his grantor . The amendments , therefore , so far at least as they seek to bring for- ward this new matter are clearly irregular ...
... authority contained in the last clause of the 121st sec- tion , substitute Ely as a party in the place of his grantor . The amendments , therefore , so far at least as they seek to bring for- ward this new matter are clearly irregular ...
25 ÆäÀÌÁö
... authorities bear upon some of these questions ( 1 Ch Pl . ed . of 1850 , 236 , 537 , 582 , 963 ; 19 J. Rep . 7–36 , 37 , 38 ; 19 J. 349 ; 5 Cowen Rep . 139 , 430 ; 2 Maule & Sel . 378 ; 1 Man . & Gr . 87 ) . It is sufficient to say that ...
... authorities bear upon some of these questions ( 1 Ch Pl . ed . of 1850 , 236 , 537 , 582 , 963 ; 19 J. Rep . 7–36 , 37 , 38 ; 19 J. 349 ; 5 Cowen Rep . 139 , 430 ; 2 Maule & Sel . 378 ; 1 Man . & Gr . 87 ) . It is sufficient to say that ...
31 ÆäÀÌÁö
... authority of the court . The remedy for such an irregularity is by motion to set aside the proceedings ( Harris vs. Hardy , 3 Hill R. 393 ) . I regret the necessity for setting aside these proceedings , when it is probable the plaintiff ...
... authority of the court . The remedy for such an irregularity is by motion to set aside the proceedings ( Harris vs. Hardy , 3 Hill R. 393 ) . I regret the necessity for setting aside these proceedings , when it is probable the plaintiff ...
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affidavit Albany allowed amend amount answer appeal application arrest assignment attorney authority averments bill brought cause of action charge circuit claim clause clerk Code commenced common law complaint contained contract costs counsel county judge Court of Chancery creditors damages debt decision defendant defendant's demand demurrer denied dollars Dutchess County entered entitled equity evidence execution fees fendant filed frivolous granted ground held injunction intended irregularity irrelevant jurisdiction jury justice Justice.-The legislature matter ment mitigation of damages mortgage motion necessary notice nunc pro tunc objection party payment place of trial plain plaintiff plea pleading practice proceedings provisions question Rail Road reason recover redundant reference relief remedy remittitur replevin Revised Statutes rule scire facias Scoville served sheriff slander Special Term stricken sufficient suit summons SUPREME COURT taken thereof tion trustees twenty days Utica Washington Mutual Wend witness words writ
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17 ÆäÀÌÁö - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
474 ÆäÀÌÁö - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
391 ÆäÀÌÁö - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party, or a mistake in any other respect...
34 ÆäÀÌÁö - To render an appeal effectual for any purpose, a written undertaking must be executed on the part of the appellant by at least two sureties, to the effect that the appellant will pay all costs and...
48 ÆäÀÌÁö - 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.
232 ÆäÀÌÁö - The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated...
279 ÆäÀÌÁö - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
92 ÆäÀÌÁö - When it appears by the complaint that the plaintiff is entitled to the relief demanded and...
195 ÆäÀÌÁö - When a married woman is a party, her husband must be joined with her, except that, 1. When the action concerns her separate property, she may sue alone ; 2. When the action is between herself and her husband, she may sue or be sued alone.
392 ÆäÀÌÁö - ... party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case ; or, where the amendment does not change substantially the claim or defence, by conforming the pleading or other proceeding to the facts proved.