Practice Reports in the Supreme Court and Court of Appeals, Volume 8Joel Munsell, 1853 - Civil procedure |
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Page 2
... damages are excessive , has always been regarded as a matter of favor rather than of right . The trial having been fairly conducted , and there being no error of law , or misconduct of the jury , it is very much in the discretion of the ...
... damages are excessive , has always been regarded as a matter of favor rather than of right . The trial having been fairly conducted , and there being no error of law , or misconduct of the jury , it is very much in the discretion of the ...
Page 13
... damages . For I hold it to be correct practice , at the circuit , to lay out of the case all the irrelevant allegations , as well as the immaterial issues , contained in the pleadings , and hold the parties to trial upon the material ...
... damages . For I hold it to be correct practice , at the circuit , to lay out of the case all the irrelevant allegations , as well as the immaterial issues , contained in the pleadings , and hold the parties to trial upon the material ...
Page 41
... damages . The complaint is verified by the plaintiff in due form , and was served October 12 , 1852. On the 30th of the same month , the defendant's attorney served an answer , which , after the title of the action , was in words and ...
... damages . The complaint is verified by the plaintiff in due form , and was served October 12 , 1852. On the 30th of the same month , the defendant's attorney served an answer , which , after the title of the action , was in words and ...
Page 55
... damages for trespass on personal property , and the plaintiff recovers less then $ 50 damages he is not entitled to costs . The section of the R. S. 2 vol p , 510 , which provides for costs in such cases , where the court or jury ...
... damages for trespass on personal property , and the plaintiff recovers less then $ 50 damages he is not entitled to costs . The section of the R. S. 2 vol p , 510 , which provides for costs in such cases , where the court or jury ...
Page 59
... damages for any loss which has been or may be sustained by reason of the unlawful detention to wit , $ 10,000 . · Held , a misjoinder of actions under § 167 of the Code , that is , an action ex de- licto ( formerly replevin ) seeking ...
... damages for any loss which has been or may be sustained by reason of the unlawful detention to wit , $ 10,000 . · Held , a misjoinder of actions under § 167 of the Code , that is , an action ex de- licto ( formerly replevin ) seeking ...
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Common terms and phrases
affidavit alleged allowed amended American Exchange Bank amount answer appeal application appointed arrest assignment attorney authority bill brought cause of action charge circuit Code commenced complaint constituting contract copy costs counsel counter claim County Court county judge courts of equity damages debt decision declared defendant defendant's attorney demand demurrer denied district dollars entered entitled equity evidence examination execution facts filed Fort Edward granted ground habeas corpus held husband injunction irregular issue judgment jurisdiction jury justice Justice.-The liable lien matter ment misjoinder mortgage motion necessary notice objection obtained paid papers party payment person plaintiff plaintiff's attorney pleading possession premises provision question recover referee replevin reply Revised Statutes rule security for costs served sheriff special term sufficient suit summons SUPREME COURT thereof tion trial trustees verdict Wend Wife agt witness writ writ of assistance
Popular passages
Page 476 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 285 - 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 153 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Page 147 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 94 - The court before which an action is pending, or a judge or justice thereof, may, in their discretion, and upon due notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any books, papers and documents in his possession, or under his control, containing evidence relating to the merits of the action, or the defense therein.
Page 73 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable or both, where they all arise out of, 1.
Page 274 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Page 169 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2.
Page 182 - So, when the defendant demurs on the ground that it appears on the face of the complaint that there is a defect of parties...
Page 203 - 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.