Practice Reports in the Supreme Court and Court of Appeals, Volume 26Joel Munsell, 1864 - Civil procedure |
From inside the book
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Page 17
... cause of action , but on the contrary makes the case one in which the plaintiff has not legal capacity to sue , the defect is waived by the defendants ' omission to demur . ( Code , § 144 , sub . 2 , and §§ 147 and 148 ) . Though a ...
... cause of action , but on the contrary makes the case one in which the plaintiff has not legal capacity to sue , the defect is waived by the defendants ' omission to demur . ( Code , § 144 , sub . 2 , and §§ 147 and 148 ) . Though a ...
Page 18
... cause . The case now before the court purports to con- tain the pleadings and to state the proceedings which were before the judge at the trial , and they contain no pleading except the supplemental complaint and the answer thereto ...
... cause . The case now before the court purports to con- tain the pleadings and to state the proceedings which were before the judge at the trial , and they contain no pleading except the supplemental complaint and the answer thereto ...
Page 19
... cause all proceedings commencing with her supplemental complaint , and leave it as it was when she intervened , If pronounced on the grounds that her legal incapacity is waived by an omission to demur , and that no action will lie ...
... cause all proceedings commencing with her supplemental complaint , and leave it as it was when she intervened , If pronounced on the grounds that her legal incapacity is waived by an omission to demur , and that no action will lie ...
Page 20
... cause of action . Clearly the determination whether the party filing the supplemental bill was entitled to succeed to the rights of the original plaintiff was necessary , before ascertaining whether there was any cause of action , and ...
... cause of action . Clearly the determination whether the party filing the supplemental bill was entitled to succeed to the rights of the original plaintiff was necessary , before ascertaining whether there was any cause of action , and ...
Page 26
... cause , & c . BENJ . ESTES , for plaintiffs , claimed that only one bond could be required , and that it should run to " the defend- ants " and not to one of them . J. A. LYNES , for defendants , contended that as the statute requires ...
... cause , & c . BENJ . ESTES , for plaintiffs , claimed that only one bond could be required , and that it should run to " the defend- ants " and not to one of them . J. A. LYNES , for defendants , contended that as the statute requires ...
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Common terms and phrases
39 Barb affirmed agent alleged amend answer apply assignment attorney authority Bank Binghamton Bridge Company bonds Bridge Company agt cause of action certiorari charge charter Chenango Bridge Company Chenango river claim clerk Code commenced common law complaint contract conveyance corporation costs counsel county court court of appeals court of equity creditor damages debt debtor deed defendant defendant's Delaware Delaware Bridge Delaware river demurrer discharge entitled equity evidence execution fact favor granted ground held husband imprisonment indorsed interest issued judge judgment judgment debtor jurisdiction jury justice land legislature liable Mary Christie ment mortgage motion obtained owner party payment person Piqua plaintiff premises principal proceedings provision purchaser question recover referee remittitur reversed rule saltpetre set-off sheriff special term statute of frauds suit supreme court Susquehannah tenant tion trial trustees void Wend wife York
Popular passages
Page 212 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder in the second degree...
Page 354 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence.
Page 440 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had...
Page 211 - From a deliberate and premeditated design to effect the death of the person killed, or of another; or, 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or, 3.
Page 18 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Page 122 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case...
Page 212 - The agent and warden attending the execution must prepare and sign a certificate, setting forth the time and place thereof, and that the convict was then and there executed, in conformity to the sentence of the court and the provisions of this Code, and must procure such certificate to be signed by all the persons present and witnessing the execution.
Page 43 - And in that state of things, the officers engaged in its military service might lawfully arrest any one, who, from the information before them, they had reasonable grounds to believe was engaged in the insurrection...
Page 426 - No reporter, editor, or proprietor of any newspaper is liable to any prosecution for a fair and true report of any judicial, legislative, or other public official proceedings, or of any statement, speech, argument, or debate in the course of the same, except upon proof of malice in making such report, which shall not be implied from the mere fact of publication.
Page 433 - Act relating to habeas corpus and regulating judicial proceedings in certain cases," approved March three, eighteen hundred and sixty-three, and all acts amendatory thereof.