Supplement to the Second and Third Editions of Voorhies' Annotated Code: Containing All the Decisions and Rules of Court Since the Publication of the Second Edition of Said Code, the Assignments of Terms, Circuits, Etc., for the Years 1854 and 1855 |
From inside the book
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Page 19
... statement of facts prepared and in- corporated into the record by the court below , showing to the court of appeals how the facts were found and understood in that court . And in a case where the record contained merely a special report ...
... statement of facts prepared and in- corporated into the record by the court below , showing to the court of appeals how the facts were found and understood in that court . And in a case where the record contained merely a special report ...
Page 65
... statement , constituting the plaintiff's cause of action . The true rule under the code is , that the facts constituting the cause of action , or ground of defence , should be set forth in a plain , direct , definite , and certain ...
... statement , constituting the plaintiff's cause of action . The true rule under the code is , that the facts constituting the cause of action , or ground of defence , should be set forth in a plain , direct , definite , and certain ...
Page 66
... statement should be given . The complaint is also irregular , on the ground of a non- compliance with rule 87 of this court . " Blanchard v . Strait , 8 Pr . R. , 85 . 66 Although section 118 says that any person may be made defend- ant ...
... statement should be given . The complaint is also irregular , on the ground of a non- compliance with rule 87 of this court . " Blanchard v . Strait , 8 Pr . R. , 85 . 66 Although section 118 says that any person may be made defend- ant ...
Page 70
... statement of its grounds is immaterial . " Radway v . Mather , 5 Sand . S. C. R. , 654. See , however , the case next below , which takes a different view of the matter . Allegations in a pleading should be positively made , in order to ...
... statement of its grounds is immaterial . " Radway v . Mather , 5 Sand . S. C. R. , 654. See , however , the case next below , which takes a different view of the matter . Allegations in a pleading should be positively made , in order to ...
Page 80
... statement of its grounds is immaterial . It is true that the form of the verification requires the party to swear to his belief of the matters stated in the pleading on information and belief ; and hence s statement must be found in the ...
... statement of its grounds is immaterial . It is true that the form of the verification requires the party to swear to his belief of the matters stated in the pleading on information and belief ; and hence s statement must be found in the ...
Other editions - View all
Supplement to the Second and Third Editions of Voorhies' Annotated Code ... New York (State) No preview available - 2019 |
Supplement to the Second and Third Editions of Voorhies' Annotated Code ... New York,John Townshend No preview available - 2016 |
Common terms and phrases
14 Barb affidavit allegation amended answer application arrest attorney authority averment Barculo calendar cause of action chose in action circuit claim clerk Code Rep commenced common pleas complaint confession confession of judgment contract copy costs counter-claim court of appeals court of chancery creditors debtor decision defendant defendant's demurrer denial denied dismiss entitled evidence execution facts favor fendant filed frivolous given granted held injunction intended issue judgment judgment debtor jurisdiction jury justice lawful holder legislature liable marine court matter ment misjoinder ne exeat necessary nonsuit notice of trial objection obtained party payment of money person plaintiff pleading possession practice promissory note provision question recover referee reference rendered rule Sand Selden served sheriff special term statute stay of proceedings stay proceedings subdivision sufficient suit summons superior court supplemental note supreme court thereof tion unless verdict verified Wend witness words
Popular passages
Page 66 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 58 - When publication is ordered, personal service of a copy of the summons and complaint out of the state...
Page 119 - Claims against a trustee by virtue of a contract, or by operation of law; 5.
Page 257 - Any court in which an action is pending, or a judge thereof may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of...
Page 96 - ... as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Page 172 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Page 214 - Procedure, can only be made to the court before which the trial is had, or the judgment rendered, and s?ia!J in all cases be made before final costs are adjusted.
Page 248 - ... to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Page 93 - When the answer contains new matter constituting a counterclaim, the plaintiff may, within twenty days, reply to such new matter (denying, generally or specifically, each allegation controverted by him, or any knowledge or information thereof, sufficient to form a belief; and he may allege, in ordinary and concise language, without repetition, any new matter, not inconsistent with the complaint, constituting a defence to such new matter in the answer...
Page 120 - Injuries with or without force, to person and property, or either ; or 4. Injuries to character ; or 5. Claims to recover real property, with or without damages for the withholding thereof, and the rents and profits of the same ; or 6.