Precedents of Pleading in Civil Actions Under the New-York Code of Procedure: An Appendix to Van Santvoord's Pleading : with Notes and References to Recent Decisions

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W.C. Little, 1858 - Civil procedure - 702 pages

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Contents

On a policy of marine insurance in which performance of con
47
In an action by judgment creditors to set aside assignment
49
To dissolve copartnership or joint ownership in a freighting
51
a conveyance which he had omitted by accident to
62
By widow against heir for dower asking a discovery of the real
65
Against vendor who has received part of purchase money
69
Against railroad company for performance of covenants to con
78
By creditor of insolvent corporation to charge the directors
81
4 INSTRUCTIONS TO RESTRAIN COMMISSION OF WRONGFUL
87
estate and an account of rents and profits
89
To restrain unlawful use of trade marks praying an account
108
To restrain foreclosure sale and declare mortgage not a lien
114
To restrain defendants from prosecuting vexatious suits under
129
Prayer to complaint to restrain laying a railroad track in a city
135
By grantor to set aside his own deed for fraud and undue
142
To restrain defendants claiming under a fraudulent will from
151
6 CREDITORS BILL
158
By receiver to set aside an assignment as fraudulent
164
By judgment creditor to set aside assignment as fraudulent
171
sufficient to pay all the preferred creditors
178
By infant devisee to carry trusts of a will into execution
190
8 WILLS
196
Same praying necessary directions for administration
208
Case for construction of will without action under section 372
216
By administratrix of deceased partner against surviving part
223
10 In Cases of Partition
233
11 IN MORTGAGE Cases
249
Foreclosure alleging a prior mortgage by two defendants to
258
By plaintiff who had taken on sale of real estate a note of
264
By heiratlaw of deceased mortgagor against mortgagee
270
12 IN CASES OF DIVORCE
280
To dissolve marriage because of adultery
286
To charge the separate property of a married woman for
291
To compel husband and wife to execute a lien on the wifes
298
By sheriff against auctioneer storing goods and claiming a lien
305
porate powers
311
By a stockholder on behalf of himself and all other stock
318
Against an insurance company on agreement to effect an insur
328
By several legatees in behalf of themselves and other legatees
335
Complaint in the nature of an audita querela praying that
345
PART III
354
On a bank check drawn by firm and endorsed to plaintiff
361
COMPLAINTS BY PERSONS EXPRESSLY AUTHORIZED BY STATUTE
369
time 876
376
By committee of lunatic on a demand against the survivor
389
By commissioners of highways under authority of statute
395
By general guardian of infant to recover back money paid
402
5 IN CASES WHERE PARTIES ARE NUMEROUS AND ONE OR MORE
408
Against first and third endorser of note
415
For injury to person of plaintiff by carelessness and negligence
478
Against a physician for negligence and want of skill
485
Trespass for taking and carrying away goods
489
To recover possession of real estate with damages for withhold
495
For negligently causing death of plaintiffs intestate
501
The same alleging incompetency of engineer to the knowledge
509
For damages caused by raising embankment between high
516
The same uniting several causes of action against the company 623
526
PART IV
530
Absolute general denial by one of two defendants answering 2 General denial of knowledge or information
531
Qualified general denia
532
Another form in an action to recover real property
533
Qualified general denial where several facts are admitted
536
Specific and general denials with affirmative defence
537
Specific denials to a complaint in an equitable action
539
Counterstatement with general denial of allegations inconsistent therewith
543
Various forms of denial joined with counterstatements or ex planatory matter
544
Specific denials and affirmative matter set up in defence
546
2 ANSWERS IN ABATEMENT OF THE ACTION 13 Another action depending for same cause
547
Nonjoinder of party defendant
548
Nonjoinder of party plaintiff
549
3 MISCELLANEOUS DEFENSIVE ANSWERS 17 General denial statute of limitations payment and demand ex tinguished by judgment
550
That sale was a stockjobbing transaction and void
553
By common carrier denials with defence of inevitable acci dent
554
The same with defence of special contract whereby plaintiff assumed certain risks
557
The same separate answers to several causes of action in same complaint
559
In action on policy of insurance of boat setting up breach of warranty contained in policy
561
The same on policy of fire insurance
565
Arbitration and award
571
1st That neglect was that of
577
By railroad company justification for putting passenger out
585
Justifying entering a public street by railroad company under
591
Justification in an action for false imprisonment
598
To complaint for converting personal property
604
The same justification and mitigating circumstances
610
To a complaint by vendee to recover back money paid vendor
618
fraudulent
622
In partition suit by one defendant as well for himself as
630
By other devisees having adverse interests in same case
636
Rent due pleaded as counterclaim 641 59 Rent due pleaded as counterclaim
642
Separate counterclaim pleaded by one of several defendants
649
be reformed
655
REPLIES AND DEMURRERS
661
To separate counterclaim set up by landlord admitted
667
That complaint does not state facts sufficient to constitute
673
Demurrer to one of several defences constituting defensive
680
By landlord to restrain waste and compel lessee to put premises
693
To restrain defendant from excavating his lands adjoining plain
699

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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...
Page 253 - ... have or claim to have some interest in or lien upon the said mortgaged premises or some part thereof which interest or lien if any has accrued subsequently to the lien of said mortgage, and is subject and subordinate thereto...

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