Practice Reports in the Supreme Court and Court of Appeals, Volume 43Joel Munsell, 1872 - Civil procedure |
From inside the book
Results 1-5 of 64
Page 8
... offered to prove ( it being assumed and agreed that the witness and the papers were in court ) , " that after these actions had termin- ated in the marine court , and before the commencement of this action , actions were commenced in ...
... offered to prove ( it being assumed and agreed that the witness and the papers were in court ) , " that after these actions had termin- ated in the marine court , and before the commencement of this action , actions were commenced in ...
Page 11
... offered by the defendants and rejec- ted by the court . As to the first . - The action was one sounding in tort . It was trespass for wrongfully taking and carrying away plain- tiff's goods and breaking up her business . The attachments ...
... offered by the defendants and rejec- ted by the court . As to the first . - The action was one sounding in tort . It was trespass for wrongfully taking and carrying away plain- tiff's goods and breaking up her business . The attachments ...
Page 13
... offered to restore the property to the plaintiff . And yet no tender will , at the common law , either bar an action for a ... offer made by defendant to prove ( it being assumed and agreed that the witness and the papers are in court ) ...
... offered to restore the property to the plaintiff . And yet no tender will , at the common law , either bar an action for a ... offer made by defendant to prove ( it being assumed and agreed that the witness and the papers are in court ) ...
Page 15
... offered for the purpose of bringing about , when received , a reduction not of plaintiff's claim , but of plaintiff's recovery . Whether it be considered , therefore , as a set - off or as matter of avoidance , or in bar , in full or ...
... offered for the purpose of bringing about , when received , a reduction not of plaintiff's claim , but of plaintiff's recovery . Whether it be considered , therefore , as a set - off or as matter of avoidance , or in bar , in full or ...
Page 16
... offer was , properly excluded , therefore , as not pertinent to the issues raised by the pleadings . It appearing as the final result of this examination , that none of the exceptions taken by the defendants can be sus- tained in law ...
... offer was , properly excluded , therefore , as not pertinent to the issues raised by the pleadings . It appearing as the final result of this examination , that none of the exceptions taken by the defendants can be sus- tained in law ...
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Common terms and phrases
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