Practice Reports in the Supreme Court and Court of Appeals, 6±ÇJoel Munsell, 1852 |
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11 ÆäÀÌÁö
... former case is called for by way of " indemnity . " The motion must be granted without costs of motion to either party . SUPREME COURT . SPRONG agt . SNYDER . A motion for an extra allowance of costs , in cases tried by referees , may ...
... former case is called for by way of " indemnity . " The motion must be granted without costs of motion to either party . SUPREME COURT . SPRONG agt . SNYDER . A motion for an extra allowance of costs , in cases tried by referees , may ...
22 ÆäÀÌÁö
... that this sec- tion was framed . Under the former practice , you might move for judgment on a frivolous demurrer , or on account of the frivo- Rae agt . The Washington Mutual Insurance Co. lousness of 22 NEW - YORK PRACTICE REPORTS .
... that this sec- tion was framed . Under the former practice , you might move for judgment on a frivolous demurrer , or on account of the frivo- Rae agt . The Washington Mutual Insurance Co. lousness of 22 NEW - YORK PRACTICE REPORTS .
31 ÆäÀÌÁö
... former practice and not under the Code . The next question is , was an order of the court necessary , giving the plaintiff leave to prosecute the bond , before the commence- ment of the action ? In all cases where injunction bonds were ...
... former practice and not under the Code . The next question is , was an order of the court necessary , giving the plaintiff leave to prosecute the bond , before the commence- ment of the action ? In all cases where injunction bonds were ...
34 ÆäÀÌÁö
... former , security must be given in the same manner as upon an appeal to the Court of Appeals ( ¡×348 ) , which is an undertaking on the part of the appellant by at least two sureties , to the effect that the appellant will pay all costs ...
... former , security must be given in the same manner as upon an appeal to the Court of Appeals ( ¡×348 ) , which is an undertaking on the part of the appellant by at least two sureties , to the effect that the appellant will pay all costs ...
41 ÆäÀÌÁö
... former proceedings . We deem it unnecessary to state the special grounds upon which a motion so unusual has been rested , since we are satisfied Vermilye and others agt . Seldon . that without the 4 NEW - YORK PRACTICE REPORTS . 41 ...
... former proceedings . We deem it unnecessary to state the special grounds upon which a motion so unusual has been rested , since we are satisfied Vermilye and others agt . Seldon . that without the 4 NEW - YORK PRACTICE REPORTS . 41 ...
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affidavit alleged allowed amend amount answer appeal application arrest assignment attorney authority bill brought cause of action charge circuit claim clerk Code commenced common complaint constitute contained contract costs counsel damages debt decided decision defendant defendant's demand demurrer denied direct effect entered entitled evidence execution exist facts filed former give given granted ground held injunction intended interest irregularity issue judge judgment justice material matter meaning ment motion move necessary notice objection obtained opinion party payment person plaintiff plea pleading practice present proceedings proper prove provisions question Rail reason recover reference relation relief remedy Road rule says seems separate served Special Term specified statement statute strike sufficient suit SUPREME COURT taken tion trial true whole witness 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.