Practice Reports in the Supreme Court and Court of Appeals, Volume 4Joel Munsell, 1852 - Civil procedure |
From inside the book
Results 1-5 of 65
Page 10
... moved the Legislature to enact it . In an action by husband and wife brought to recover damages for an injury to the person of the wife , the defendant is at liberty to prove that the act complained of was done by the consent and ...
... moved the Legislature to enact it . In an action by husband and wife brought to recover damages for an injury to the person of the wife , the defendant is at liberty to prove that the act complained of was done by the consent and ...
Page 12
... moved the Legislature to enact it , ( Dwar . on Stat . 562 , ) and the same author says , " it is not to be pre- sumed that the Legislature intended to make an innovation upon the common law further than the case absolutely required ...
... moved the Legislature to enact it , ( Dwar . on Stat . 562 , ) and the same author says , " it is not to be pre- sumed that the Legislature intended to make an innovation upon the common law further than the case absolutely required ...
Page 26
... moved to put this cause on the ( present ) calendar upon the following affidavit : ( Title of the cause . ) " City and County of New York , ss : Joseph S. York , attorney for the respondent in the above cause , being duly sworn , says ...
... moved to put this cause on the ( present ) calendar upon the following affidavit : ( Title of the cause . ) " City and County of New York , ss : Joseph S. York , attorney for the respondent in the above cause , being duly sworn , says ...
Page 28
... moved by the plaintiff . The plaintiff again no- ticed the cause for trial in January , but countermanded his notice be- fore the commencement of the circuit , and the defendant did not notice the cause . The cause was tried at the ...
... moved by the plaintiff . The plaintiff again no- ticed the cause for trial in January , but countermanded his notice be- fore the commencement of the circuit , and the defendant did not notice the cause . The cause was tried at the ...
Page 31
... moved for an injunction , to restrain the defendant from proceeding in action of ejectment , and demanded in their complaint ( after setting out an agreement to convey the premises to plaintiffs , ) relief as follows : " Wherefore , the ...
... moved for an injunction , to restrain the defendant from proceeding in action of ejectment , and demanded in their complaint ( after setting out an agreement to convey the premises to plaintiffs , ) relief as follows : " Wherefore , the ...
Other editions - View all
Common terms and phrases
affidavit affirmed alleged allowed amended code amount answer application assessment assessors bill of exceptions brought cause of action certiorari Chancery change the place circuit claim clause clerk commenced common law complaint contract costs counsel Court of Appeals Court of Chancery court of equity debtor decided decision declaration decree defendant in error defendant's demurrer denied disbursements dismiss endorsed entered entitled equity error.-Judgment evidence execution facts fees of officers fendant filed granted ground held Horace Gray issue judge judgment judgment debtor jurisdiction jury Justice Justice.-The lands Legislature matter ment mortgage motion notice objection Paige payment person place of trial plaintiff in error plaintiff's attorney pleading premises proceedings provisions question recover referee referred rehearing remittitur Rensselaer Rensselaer county residence Revised Statutes rule served sheriff subpoena suit summons Supreme Court sureties thereof tiff tion verdict Wend witness
Popular passages
Page 105 - ... the Constitution of the United States which prohibits a State from passing any law impairing the obligation of a contract.
Page 273 - 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 58 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 109 - No member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers.
Page 157 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Page 32 - Where it appears by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce great or irreparable injury to the plaintiff...
Page 110 - Private roads may be opened in the manner to be prescribed by law ; but in every case the necessity of the road and the amount of all damage to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceeding, shall be paid by the person to be benefited.
Page 20 - 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, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Page 121 - 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.
Page 12 - This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; 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. The law rather infers that the act did not intend to make any alteration other than what is specified, and besides what has been plainly...