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

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

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Contents

To restrain defendants from prosecuting vexatious suits under
23
Libel in rem for towage service
24
Against first and third endorser of note
27
By receiver to set aside an assignment as fraudulent
34
Answer under the Code in separate paragraphs
47
In an action by judgment creditors to set aside assignment
49
For partition of lands by one tepant in common against his
52
1
53
By widow of testator in same case
55
By widow against heir for dower asking a discovery of the real
65
Against vendor who has received part of purchase money
69
12
78
By creditor of insolvent corporation to charge the directors
81
4 INSTRUCTIONS TO RESTRAIN COMMISSION OF WRONGFUL
87
18
103
21
117
24
132
5 IN CASES OF FRAUD
136
By grantor to set aside his own deed for fraud and undue
142
29
147
6 CREDITORS BILL
158
By creditor on behalf of himself and all other creditors
175
22384
190
Prayer of a complaint to compel executors who had renounced
194
Same praying necessary directions for administration
204
By plaintiff claiming under will and marriage settlement c
235
289
241
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
417
298
By devisee against heir to have title deeds delivered
305
Against a person unlawfully exercising the duties of a public
315
Against a person appointed executor of one who had acted in
322
To compel heirsatlaw and their grantees with notice of plain
331
Complaint in the nature of an audita querela praying that
345
Supplemental complaint making additional party defendant
352
2 ON MONEY INSTRUMENTS NOT UNDER SECTION 162 OF
359
By assignee of claim against innkeeper for loss of money
365
264
370
PART II
375
perty belonging to trust estate
377
By general guardian of infant to recover back money paid
402
450
405
5 IN CASES WHERE PARTIES ARE NUMEROUS AND ONE OR MORE
408
Against two of three makers of a joint and several bond
418
For injury to person of plaintiff by carelessness and negligence
478
Against a physician for negligence and want of skill
485
13 MISCELLANEOUS CASES AGAINST RAILROAD CORPORATIONS
497
For negligently causing death of plaintiffs intestate
503
For damages caused by raising embankment between high
516
The same uniting several causes of action against the company
526
separately
530
General denial of knowledge or information
531
Qualified general denial
532
Another form in an action to recover real property
533
Qualified general denial where several facts are admitted
534
Separate denial of two causes of action one absolute the other on information and belief
535
Specific denials
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
By railroad company justification for putting passenger out
585
Justifying entering a public street by railroad company under
591
By collector justification for taking property under tax warrant
598
To complaint for converting personal property
604
In slander denial justification and mitigating circumstances
618
To prove and establish a lost will
627
merely
639
Damages by reason of goods not corresponding to sample
645
Equitable defence setting up a mistake in contract sought
651
To two separate counterclaims in the same answer payment
664
That plaintiff has not legal capacity to sue
670
Same to complaint in equitable action
680
519
688
9 IN CASES OF PARTNERSHIP
693
618
696
311
698
To restrain defendant from excavating his lands adjoining plain
699
5 SUPPLEMENTAL ANSWER
700

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Page 14 - 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.
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Page 353 - ... 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.
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Page 251 - ... 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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