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Precedents of Pleading in Civil Actions Under the New York Code of Procedure ...
George Van Santvoord
No preview available - 2019
Abraham according adjudged aforesaid agent agreed agreement Albany alleges amount answer appear assignment Attorney avers bank bill bond carry cause of action charge claim Code codicil complaint consideration constituting construction contained continued contract conveyance conveyed costs damages debts deceased deed defendant delivered deny described direction duly effects entered entitled equity execution executors facts farm George heirs held informed and believes injury interest issue John judgment land lien manner means mentioned mortgage named natural New-York otherwise owner paid parties payment perform plaintiff further Pleadings possession premises proceedings proper purchase railroad real estate reason received referred refused relief requested respect river says sold sufficient SUPREME COURT sustained term therein thereof tion trust Wherefore the plaintiff whole wife writing
Page 446 - In pleading a private statute or a right derived therefrom, it shall be sufficient to refer to such statute by its title and the day of its passage, and the court shall thereupon take judicial notice thereof.
Page 565 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Page 338 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 16 - In all cases where a man has a temporal loss or damage by the wrong of another, he may have an action upon the case to be repaired in damages.
Page 169 - Whether the conveyance assailed was made with intent to hinder, delay and defraud the creditors of the...
Page 355 - ... that the same is true of his own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 465 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 74 - Know all men by these presents, that I, John McLoughlin, of Fort Vancouver, in the Territory of Oregon, for and in consideration of the sum of one dollar, to me in hand paid by...
Page 165 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...