Practice Reports in the Supreme Court and Court of Appeals, Volume 43Joel Munsell, 1872 - Civil procedure |
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Results 1-5 of 72
Page 7
... answer of the defendants contained a general denial . Upon the trial it appeared that on the 8th day of Decem- ber , 1869 , six warrants of attachment were issued by one of the justices of the marine court at the instance of the defen ...
... answer of the defendants contained a general denial . Upon the trial it appeared that on the 8th day of Decem- ber , 1869 , six warrants of attachment were issued by one of the justices of the marine court at the instance of the defen ...
Page 11
... answer pleading a former recovery against one , to be good , must also aver actual satisfaction . ( Phil . on Ev . 5th ed . , Vol . II . , p . 114 , * 134 ; Wies agt . Fanning . 9 How . 546. ) In the case at bar no such issue was raised ...
... answer pleading a former recovery against one , to be good , must also aver actual satisfaction . ( Phil . on Ev . 5th ed . , Vol . II . , p . 114 , * 134 ; Wies agt . Fanning . 9 How . 546. ) In the case at bar no such issue was raised ...
Page 15
... answer to whole or to some part of plaintiff's demand . Under the old practice both were admissible under the general issue , without being pleaded , and this fact led to a frequent confusion of the distinction to some extent , at least ...
... answer to whole or to some part of plaintiff's demand . Under the old practice both were admissible under the general issue , without being pleaded , and this fact led to a frequent confusion of the distinction to some extent , at least ...
Page 16
... answer did contain all necessary averments showing a full and complete appropria- tion to plaintiff's use ; and that the pleader must have been equally careful and precise , in Ward agt . Benson , ( 31 How . , 411 ) , is apparent from ...
... answer did contain all necessary averments showing a full and complete appropria- tion to plaintiff's use ; and that the pleader must have been equally careful and precise , in Ward agt . Benson , ( 31 How . , 411 ) , is apparent from ...
Page 34
... answer admitted that the land on which the timber was cut belonged to the plaintiff , but alleged that it was cut by the leave and license of the plaintiff . It has been repeatedly held that a plea of license does not raise a question ...
... answer admitted that the land on which the timber was cut belonged to the plaintiff , but alleged that it was cut by the leave and license of the plaintiff . It has been repeatedly held that a plea of license does not raise a question ...
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60 Barb action ADVERSE POSSESSION affirmed agreement alleged allowed amount appeal apply assessment assignee attorney authority bank bankrupt bankruptcy Betty & Co bill bond Brocton chap charge City of Lockport claim Code common carrier complaint contract corporation costs counsel county court county judge court of equity creditors damages debt debtor decision defendant defendant's Digest duty entitled equity evidence execution fact favor fendant FORECLOSURE fraud granted Held husband injunction issue judgment judgment debtor jurisdiction jury justice Lansing liable lien matter ment mortgage mortgagor motion NE EXEAT negligence notice owner paid party payment person petition plaintiff possession premises proceedings provisions purchase question railroad company real estate received recover reference rendered rule special term statute statute of frauds supreme court tenant testator testimony thereof tiff tion town transaction trial verdict void Wend witnesses York