Practice Reports in the Supreme Court and Court of Appeals, 6±ÇJoel Munsell, 1852 |
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... matter of Dennis Moss for taxation of costs ,. 263 Jordan agt . Garrison , 6 Jewett and wife agt . Jewett ,. 185 Jones and others agt . Porter and others ,. 286 Jackson agt . McBurney , 408 Titles of Causes , King agt . Stafford and ...
... matter of Dennis Moss for taxation of costs ,. 263 Jordan agt . Garrison , 6 Jewett and wife agt . Jewett ,. 185 Jones and others agt . Porter and others ,. 286 Jackson agt . McBurney , 408 Titles of Causes , King agt . Stafford and ...
13 ÆäÀÌÁö
... matters which occurred subsequent to the ser- vice of the original , is irregular , and may be set aside on motion ; or the new subsequent matter may be stricken out . It seems , that but one set of papers , one rule and the costs of ...
... matters which occurred subsequent to the ser- vice of the original , is irregular , and may be set aside on motion ; or the new subsequent matter may be stricken out . It seems , that but one set of papers , one rule and the costs of ...
15 ÆäÀÌÁö
... matters in mitigation of damages which do not constitute a defence to the action , or which could not be proved on the ... matter constituting a defence to the action , which is properly pleadable , now as before the Code . But the Code ...
... matters in mitigation of damages which do not constitute a defence to the action , or which could not be proved on the ... matter constituting a defence to the action , which is properly pleadable , now as before the Code . But the Code ...
16 ÆäÀÌÁö
... matter constituting a defence to the action ; nor is it even matter which could be proved upon trial in mitigation of damages , after proof of the speaking of the words by the plain- tiff . It is not now , and never was issuable matter ...
... matter constituting a defence to the action ; nor is it even matter which could be proved upon trial in mitigation of damages , after proof of the speaking of the words by the plain- tiff . It is not now , and never was issuable matter ...
17 ÆäÀÌÁö
... matter constituting a defence , men- tioned in the second subdivision , must be taken to mean a de- fence in bar of the action , as the general term was before used and understood in legal proceedings . It has been repeatedly decided ...
... matter constituting a defence , men- tioned in the second subdivision , must be taken to mean a de- fence in bar of the action , as the general term was before used and understood in legal proceedings . It has been repeatedly decided ...
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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.