Practice Reports in the Supreme Court and Court of Appeals, Volume 5Joel Munsell, 1851 - Civil procedure |
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Results 1-5 of 100
Page 5
... plaintiff can not in such case move for judgment on account of the frivo- lousness of the demurrer . What facts ... plaintiffs now move for judgment on account of the friva lousness of the demurrer , under § 247 . B. C. THAYER , for the ...
... plaintiff can not in such case move for judgment on account of the frivo- lousness of the demurrer . What facts ... plaintiffs now move for judgment on account of the friva lousness of the demurrer , under § 247 . B. C. THAYER , for the ...
Page 32
... plaintiff , upon demurrer , the court shall direct the clerk to assess the damages ; and if the defendant has ap- peared in the cause , notice of assessment must be served upon his attorney ( Gra . Pr . 290 ) . The first subdivision of ...
... plaintiff , upon demurrer , the court shall direct the clerk to assess the damages ; and if the defendant has ap- peared in the cause , notice of assessment must be served upon his attorney ( Gra . Pr . 290 ) . The first subdivision of ...
Page 33
... plaintiff on an issue of law . An assessment of damages by the clerk in such cases , would be a proceeding decidedly more proper . In many cases , as where there are endorsements on the note , an assess- ment by the clerk would be ...
... plaintiff on an issue of law . An assessment of damages by the clerk in such cases , would be a proceeding decidedly more proper . In many cases , as where there are endorsements on the note , an assess- ment by the clerk would be ...
Page 34
... plaintiff , although the action be in tort or on contract for unliquidated damages , and although the complaint is not sworn to . This is wholly incongru- ous with the proceedings to obtain judgment on a failure of the defendant to ...
... plaintiff , although the action be in tort or on contract for unliquidated damages , and although the complaint is not sworn to . This is wholly incongru- ous with the proceedings to obtain judgment on a failure of the defendant to ...
Page 40
... plaintiff in error , vs. GARRIT H. STRIKER , JR . , defendant in error . Judgment affirmed . DANIEL LORD and GEORGE WOOD for plaintiff in error ; EDWARD SANDFORD and CHARLES O'CONOR for defendant in error . This was a case involving the ...
... plaintiff in error , vs. GARRIT H. STRIKER , JR . , defendant in error . Judgment affirmed . DANIEL LORD and GEORGE WOOD for plaintiff in error ; EDWARD SANDFORD and CHARLES O'CONOR for defendant in error . This was a case involving the ...
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Common terms and phrases
affidavit alleged allowed amend amount answer appeal application arrest assignment attorney authority bill Canal Bank cause of action certiorari chancery church claimed clerk Code codefendant commenced common law complaint contract corporation costs counsel county judge Court of Chancery creditors damages debt debtor decision defendant's demurrer denied entitled equity evidence examination execution facts favor fendant filed given granted ground held injunction intended issue judgment judgment debtor jurisdiction jury Justice legislature lien matter ment motion ne exeat notice objection paid party payment person place of trial plaintiff in error pleading proceedings promissory note provisional remedy question Rail Road reason received recover referred remedy rendered replevin reside Revised Statutes rule served sheriff Special Term statute of frauds suit summons SUPREME COURT Suydam taken tenant thereof tion trust twenty days Van Benthuysen venue Wend witness writ
Popular passages
Page 311 - Service by mail may be made, where the person making the service, and the person on whom it is to be made, reside in different places, between which there is a regular communication by nail SEC.
Page 101 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 100 - 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.
Page 6 - A statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
Page 468 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306.
Page 412 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 102 - The court may determine any controversy between 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 order them to be brought in.
Page 309 - An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made.
Page 312 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable npglect, and may supply an omission in any proceeding...
Page 101 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...