Practice Reports in the Supreme Court and Court of Appeals, Том 5Joel Munsell, 1851 |
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Страница 9
... writ , but not taken ; and that was held good after verdict ; and that is all that was there decided . ( And see note to 19 Vin . , 476 ) . Bleecker and Sudam , good lawyers , contended strenuously against even this position . And cited ...
... writ , but not taken ; and that was held good after verdict ; and that is all that was there decided . ( And see note to 19 Vin . , 476 ) . Bleecker and Sudam , good lawyers , contended strenuously against even this position . And cited ...
Страница 10
... writ was against two and one only taken , the plaintiff might declare against the one taken simul cum ( Holt in Billings v . Crosby , 19 Vin . , 477 ) . Nor would the action abate where the plaintiff declared that the defendant together ...
... writ was against two and one only taken , the plaintiff might declare against the one taken simul cum ( Holt in Billings v . Crosby , 19 Vin . , 477 ) . Nor would the action abate where the plaintiff declared that the defendant together ...
Страница 11
... writ shall not exclude , if we have no interest . It is not necessary to see what the rule would be if the suit was commenced under the Code by §§ 135 , 136 , 274 ; for these do not apply to old suits . Interest alone does not now ...
... writ shall not exclude , if we have no interest . It is not necessary to see what the rule would be if the suit was commenced under the Code by §§ 135 , 136 , 274 ; for these do not apply to old suits . Interest alone does not now ...
Страница 33
... writ of inquiry issued , wherever the taking of an account or proof of any fact is necessary to enable the court to complete the judgment . A reference or writ of inquiry is equally necessary in like cases , where judgment is for the ...
... writ of inquiry issued , wherever the taking of an account or proof of any fact is necessary to enable the court to complete the judgment . A reference or writ of inquiry is equally necessary in like cases , where judgment is for the ...
Страница 79
... writ of error to the Supreme Court , the judgment of the Common Pleas was reversed . BEARDSLEY , J. said " that in order to recover , the plaintiff was bound to prove that such tres- pass had been committed by the defendant . But this ...
... writ of error to the Supreme Court , the judgment of the Common Pleas was reversed . BEARDSLEY , J. said " that in order to recover , the plaintiff was bound to prove that such tres- pass had been committed by the defendant . But this ...
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affidavit alleged allowed amend amount answer appeal application arrest assignment attorney authority bill Canal Bank cause of action certiorari chancery church claimed clerk Code codefendant commenced common law complaint contract corporation costs counsel county judge Court of Chancery creditors damages debt debtor decision defendant's demurrer denied entitled equity evidence examination execution facts favor fendant filed given granted ground held injunction intended issue judgment judgment debtor jurisdiction jury Justice legislature lien matter ment motion ne exeat notice objection paid party payment person place of trial plaintiff in error pleading proceedings promissory note provisional remedy question Rail Road reason received recover referred remedy rendered replevin reside Revised Statutes rule served sheriff Special Term statute of frauds suit summons SUPREME COURT Suydam taken tenant thereof tion trust twenty days Van Benthuysen venue Wend witness writ
Популарни одломци
Страница 311 - Service by mail may be made, where the person making the service, and the person on whom it is to be made, reside in different places, between which there is a regular communication by nail SEC.
Страница 101 - 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.
Страница 100 - A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust within the meaning of this section.
Страница 6 - A statement of the facts constituting the cause of action, in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
Страница 468 - If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other proofs, in addition to those on which the order of arrest was made.— 1873-306.
Страница 412 - 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.
Страница 102 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Страница 309 - An order made out of court, without notice to the adverse party, may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made.
Страница 312 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable npglect, and may supply an omission in any proceeding...
Страница 101 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...