Practice Reports in the Supreme Court and Court of Appeals, 6권Joel Munsell, 1852 |
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37개의 결과 중 1 - 5개
25 페이지
... writ to review . The first question , therefore , which I pro- pose to consider in the case is as to the nature and office of this writ , and it can not be denied by any one who will take the trouble to look into the cases upon this ...
... writ to review . The first question , therefore , which I pro- pose to consider in the case is as to the nature and office of this writ , and it can not be denied by any one who will take the trouble to look into the cases upon this ...
26 페이지
... writ are con- fined to an examination of the jurisdiction of such inferior tri- bunals and to questions of law arising out of their proceedings ; not to an examination of their decisions upon questions of fact ( 6 W. R. 566 ) . It was ...
... writ are con- fined to an examination of the jurisdiction of such inferior tri- bunals and to questions of law arising out of their proceedings ; not to an examination of their decisions upon questions of fact ( 6 W. R. 566 ) . It was ...
27 페이지
... writ of error , a certiorari will not reach it . This , I have no doubt , is the true rule and may be regarded as the settled boundary of the writ in this court , and its office is now confined within these limits as will be seen by the ...
... writ of error , a certiorari will not reach it . This , I have no doubt , is the true rule and may be regarded as the settled boundary of the writ in this court , and its office is now confined within these limits as will be seen by the ...
35 페이지
... writ of inquiry or order the damages to be assessed by a jury ; or if the examination of a long account be involved , by a refer- ence as above provided . " This section is a part of the chapter providing for judgment upon failure to ...
... writ of inquiry or order the damages to be assessed by a jury ; or if the examination of a long account be involved , by a refer- ence as above provided . " This section is a part of the chapter providing for judgment upon failure to ...
36 페이지
... writ of error in the cases where formerly a writ of error would lie , and by the com- mon law a writ of error suspended the proceedings upon the judgment upon which it was brought , in all cases . I think the intention of the ...
... writ of error in the cases where formerly a writ of error would lie , and by the com- mon law a writ of error suspended the proceedings upon the judgment upon which it was brought , in all cases . I think the intention of the ...
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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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - When it appears by the complaint that the plaintiff is entitled to the relief demanded and...
195 페이지 - 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 페이지 - ... 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.