Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure and the General Civil Practice of the State of New York, Volume 15S.S. Peloubet, 1889 - Civil procedure |
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Page v
... .. 332 Pleading ; complaint in action on promissory note . 539 , 540 BALDWIN . ROOD ... 56 Pleading ; amendment on trial ; failure of proof ; material variance . Sections of the Code of Civil Procedure . 545 547 CONTENTS .
... .. 332 Pleading ; complaint in action on promissory note . 539 , 540 BALDWIN . ROOD ... 56 Pleading ; amendment on trial ; failure of proof ; material variance . Sections of the Code of Civil Procedure . 545 547 CONTENTS .
Page 18
... proof or of evidence on the trial . We are only looking at the pleadings . Whether the conversion of the certificate by Work , Strong & Co. will be an excuse to these three defendants for their not returning the e rtificate when ...
... proof or of evidence on the trial . We are only looking at the pleadings . Whether the conversion of the certificate by Work , Strong & Co. will be an excuse to these three defendants for their not returning the e rtificate when ...
Page 20
... proof of the facts , made this motion . It appeared upon the motion by affidavits that the relator , after the service of the writ upon Walsh , but before the hearing of the motion had been delivered by the sheriff into the custody of ...
... proof of the facts , made this motion . It appeared upon the motion by affidavits that the relator , after the service of the writ upon Walsh , but before the hearing of the motion had been delivered by the sheriff into the custody of ...
Page 27
... proof of the matters alleged by way of counter- claims and set - offs in his answer . The notice embraced a demand for a bill of particulars , as well as a copy of the defendant's account , without distinction of the matter to be ...
... proof of the matters alleged by way of counter- claims and set - offs in his answer . The notice embraced a demand for a bill of particulars , as well as a copy of the defendant's account , without distinction of the matter to be ...
Page 30
... proofs and allegations of the parties as submitted , there is , in the absence of proof that they did not , a conclusive presumption that all ques- tions submitted were passed upon : The courts are always inclined to support the ...
... proofs and allegations of the parties as submitted , there is , in the absence of proof that they did not , a conclusive presumption that all ques- tions submitted were passed upon : The courts are always inclined to support the ...
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Common terms and phrases
55 N. Y. Super action brought affidavit affirmed alleged amendment amount answer Appeal by defendant application arbitrators award Berdell bill of particulars cause of action Civil Procedure claim clerk Code Civ Code of Civil complaint concurred contract copy corporation counter-claim damages Decided June defendant's delivered demand demurrer duly Eighme entitled Erie Erie county evidence execution executors facts appear favor filed Fort Scott Gideon Hard granted ground husband injunction issued judge judgment jurisdiction jury letters testamentary lien married woman matter ment N. Y. Civ non-resident notice offer of judgment opinion order appealed party payment person plaint plaintiff plaintiff's attorney pleading possession Prior proceedings proof provisions Quann question referee RESPONDENT reversed security for costs served sheriff statute sufficient summons SUPREME COURT surrogate tender thereafter thereof tion trial vacate Van Benthuysen verdict Weekly Dig wife writ YORK COUNTY
Popular passages
Page 305 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 174 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Page 83 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Page 258 - Angeles, ss. being duly sworn, says: That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 136 - It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof.
Page 234 - A cause of action arising out of the contract or transaction set forth in the complaint, as the foundation of the plaintiffs claim, or connected with the subject of the action; 2.
Page 85 - ... in the county in which the cause of action or some part thereof, arose...
Page 156 - For it is not to be presumed that the Legislature intended to make any innovation upon the Common Law further than the case absolutely required.
Page 326 - Where it appears from the examination or testimony taken in a special proceeding authorized by this article that the judgment debtor has in his possession or under his control money or other personal property belonging to him...
Page 33 - Affidavit above referred to, but as and for damages alleged to have been suffered by the Plaintiff by reason of the sale and conveyance made by the Defendant to one W.