 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...defence, founded upon an account or an instrument for the payment of money only, it shall be sufficient for a party to deliver the account or instrument to...specified sum, which he claims to recover or set off. 13. A variance between the proof on the trial, and the allegations in a pleading, shall be disregarded... | |
 | New York (State). - Civil procedure - 1850 - 920 pages
...counter-claim arises upon an account or instrument lor the payment of money only, it is sufficient for the party to deliver the account or instrument to the...specified sum, which he claims to recover or set off. The court may at the time of the pleading, require that such writing or account be exhibited to the... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...for the payment of money only, it shall be sufficient for a party to give a copy of the instrument, and to state that there is due to him thereon from...the adverse party a specified sum which he claims. fc 163. In pleading a private statute, or a right derived Privme ' slalutM, therefrom, it shall be... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...payment of money on'y, it shall be sufficient for a party to give a copy of the instrument, and to stale that there is due to him thereon from the adverse party a specified sum which he claims. The amendment consists of the addition of the words in italic. §163. [140.] Private statutes, how... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...shall be suf- tiou on ac* ficient for a party to deliver the account or instrument to for'"™.6"' the court, and to state, that there is due to him thereon moneyf from the adverse party a specified sum, which he claims to recover or set off. 10. A variance... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...defence founded upon an account or instrument for the payment of money only, it shall be sufficient for a party to deliver the account or instrument to...specified sum, which he claims to recover or set off. 10. A variance between the proof on the trial, and the allegations in a pleading, sitali be disregarded... | |
 | Civil procedure - 1852 - 446 pages
...for the payment of money only, it shall be sufficient for a party to give a copy of the instrument and to state that there is due to him thereon from...the adverse party a specified sum which he claims. The action is on a promissory note of which the plaintiffs have set out a copy in the complaint, and... | |
 | Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...• the payment of money only, it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon from...the adverse party a specified sum, which he claims." If it is intended by this to dispense with a statement of facts constituting the cause of action, or... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...for the payment of money only, it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon from...the adverse party a specified sum which he claims. The whole of the last section is new, and it seems obvious that this provision must be construed with... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...for the payment of money only, it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified suui which he claims." Without the aid of this provision, 1 suppose no one would contend that the complaint... | |
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... state that there is due to him thereon from the adverse party a specified sum, which he claims to recover or set off. 
