Practice Reports in the Supreme Court and Court of Appeals, Том 22Joel Munsell, 1862 |
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Страница 30
... demurrer , that the complaint did not state facts sufficient to constitute a cause of action , on the ground that there was no request averred or necessarily or fairly implied to perform the services alleged as the consideration in the ...
... demurrer , that the complaint did not state facts sufficient to constitute a cause of action , on the ground that there was no request averred or necessarily or fairly implied to perform the services alleged as the consideration in the ...
Страница 31
... demurrer . I think the fair inference is , that the ser- vices or attentions had been already rendered . The omis- sion to state their nature , extent and value , if necessary to be stated , was a defect to be reached by motion , under ...
... demurrer . I think the fair inference is , that the ser- vices or attentions had been already rendered . The omis- sion to state their nature , extent and value , if necessary to be stated , was a defect to be reached by motion , under ...
Страница 34
... of the defendants on the demurrer , with leave to the plaintiff to amend her complaint on payment of costs . GOULD , J. , concurred . PECKHAM , J. , dissented . Squires agt . Brown . NEW YORK SUPERIOR COURT . 34 NEW YORK PRACTICE REPORTS .
... of the defendants on the demurrer , with leave to the plaintiff to amend her complaint on payment of costs . GOULD , J. , concurred . PECKHAM , J. , dissented . Squires agt . Brown . NEW YORK SUPERIOR COURT . 34 NEW YORK PRACTICE REPORTS .
Страница 62
... demurrer , when liberty to amend is not given , is final . And if liberty be given , but it is not acted upon within the prescribed time , the decision then becomes absolute and final . It is a final determination of the rights of the ...
... demurrer , when liberty to amend is not given , is final . And if liberty be given , but it is not acted upon within the prescribed time , the decision then becomes absolute and final . It is a final determination of the rights of the ...
Страница 63
... demurrer was to only one of two causes of action stated in the complaint , and the issues of fact joined upon the allegations constituting the other cause of action had not been tried . ( See , also , Wesley agt . Bennett , 5 Abb . R ...
... demurrer was to only one of two causes of action stated in the complaint , and the issues of fact joined upon the allegations constituting the other cause of action had not been tried . ( See , also , Wesley agt . Bennett , 5 Abb . R ...
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adverse possession affidavit agreement alleged allowed amendment amount answer appeal application assignment Associate Reformed attachment attorney authority averred Barb cause of action claim clerk Code commenced commissioners complaint consul contract corporation costs counsel court of equity creditors damages debt debtor decision deed defendant defendant's delivered delivery demurrer denied election entitled equity evidence ex rel execution executor exequatur facts feme covert filed foreclosure granted ground held injunction interest issue joint judge judgment jurisdiction jury Justice liable ment mortgage motion ne exeat objection owner paid party payment person plaintiff pleading possession premises proceedings promissory note prosecuted purchase question railroad receiver recover referred rendered River Bank agt Rock River rule security for costs sheriff statute Stettiner street sufficient suit SUPREME COURT sureties synod testator thereof tion trial trustees void Wend witness
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Страница 260 - It is, we think, a sound principle, that when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen.
Страница 489 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief •o as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the same time...
Страница 215 - For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: 1.
Страница 491 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process 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...
Страница 45 - ... shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be thereafter contracted...
Страница 231 - Within twenty days after a pleading, or the answer or demurrer thereto, is served, or at any time before the period for answering it expires, the pleading may be once amended by the party, of course, without costs, and without prejudice to the proceedings already had.
Страница 359 - ... sections 195 and 196, within ten days thereafter, the appeal shall be regarded as if no undertaking had been given.
Страница 297 - Let us therefore follow after the things which make for peace, and things wherewith one may edify another.
Страница 44 - ... when any vacancy shall happen among the trustees, by death, resignation, or otherwise, it shall be filled for the remainder of the year in such manner as may be provided for by the by-laws of the said company.
Страница 266 - Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows: 1.