 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...shall be sufficient for a party to deliver the account or instrument to the court, and to state, that there is due to him thereon from the adverse party...specified sum, which he claims to recover or set off. 13. A variance between the proof on the trial, and the allegations in a pleading, shall be disregarded... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...it is sufficient for the party to deliver the account or instrument to the court, and to state, that there is due to him thereon, from the adverse party,...specified sum, which he claims to recover or set off. The court may at the time of the pleading, require that such writing or account be exhibited to the... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...amended, and, if the party refuse to amend, the defective pleading must be disregarded. • § 1095. A variance between the proof on the trial, and the allegations in a pleading, must be disregarded as immaterial, unless the court be satisfied, that the adverse party has been misled... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...money only, it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified sum which he claims. To charge an endorser, it is not necessary to aver a presentment and demand at the place specified in... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...money on'y, it shall be sufficient for a party to give a copy of the instrument, and to stale that there is due to him thereon from the adverse party a specified sum which he claims. The amendment consists of the addition of the words in italic. §163. [140.] Private statutes, how... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...money only, it shall be sufficient for a party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified sum which he claims. fc 163. In pleading a private statute, or a right derived Privme ' slalutM, therefrom, it shall be... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...money only, it shall be sufficient for a party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified sum which lie claims. ^ 172. Any pleading may be once amended by the party of course, without costs, and without... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...shall be sufficient for a party to deliver the account or instrument to the court, and to state that there is due to him thereon from the adverse party...proof on the trial, and the allegations in a pleading, sitali be disregarded as immaterial, unless the court shall be satisfied that the adverse party has... | |
 | Civil procedure - 1852 - 446 pages
...of money only, it shall be sufficient for a party to give a copy of the instrument and to state that there is due to him thereon from the adverse party a specified sum which he claims. The action is on a promissory note of which the plaintiffs have set out a copy in the complaint, and... | |
 | Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...money only, it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified sum, which he claims." If it is intended by this to dispense with a statement of facts constituting the cause of action, or... | |
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In an action or defence founded upon an account or instrument for the payment of money only, it shall be sufficient for a party to deliver the account or instrument to the court, and to state that there is due to him thereon from the adverse party a specified... 
