Practice Reports in the Supreme Court and Court of Appeals, Volume 10Joel Munsell, 1860 - Civil procedure |
From inside the book
Results 1-5 of 81
Page 8
... recover the debt . If the subsequent amendment of §§ 134 , 5 , limiting the ser- vice of summons to cases , where the cause of action arose in this state , or the defendants had property here , is to be con- sidered as modifying § 427 ...
... recover the debt . If the subsequent amendment of §§ 134 , 5 , limiting the ser- vice of summons to cases , where the cause of action arose in this state , or the defendants had property here , is to be con- sidered as modifying § 427 ...
Page 11
... recover of them on the quantum meruit . The defendants deny the violation of the contract , set up payment , and that the contract , soon after it was entered into , was assigned to the plaintiff , and that the assignee has been paid ...
... recover of them on the quantum meruit . The defendants deny the violation of the contract , set up payment , and that the contract , soon after it was entered into , was assigned to the plaintiff , and that the assignee has been paid ...
Page 19
... recover such damages as he may show himself entitled to . From some or all of them he is entitled to recover the money paid on account of the contract price . Whether he is entitled to anything in addition , it would be premature to ...
... recover such damages as he may show himself entitled to . From some or all of them he is entitled to recover the money paid on account of the contract price . Whether he is entitled to anything in addition , it would be premature to ...
Page 33
... recover upon it . The complaint in this case , being one of the " plainest kind " of declarations upon a written instrument , necessarily raised the question , what was necessary to be stated and averred to constitute a cause of action ...
... recover upon it . The complaint in this case , being one of the " plainest kind " of declarations upon a written instrument , necessarily raised the question , what was necessary to be stated and averred to constitute a cause of action ...
Page 35
... recover upon it . Bearing this in view , and applying the ordinary and well- established rules of pleading under the Code , and those princi- ples which have not been abrogated by it , the complaint is defective in almost all the ...
... recover upon it . Bearing this in view , and applying the ordinary and well- established rules of pleading under the Code , and those princi- ples which have not been abrogated by it , the complaint is defective in almost all the ...
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Common terms and phrases
admitted affidavit alleged alley allowed amendment amount answer application assignment assignor attorney authority avers Bank Barb bill Carnobeli cause of action claim Claverack clerk Code commissioners common law complaint contract corporation costs counsel creditors Cuba damages debt decision decree defendant defendant's demurrer denied deponent district entitled evidence examination execution facts fendant given granted held Hernandez highway impleaded issue John judge judgment jurisdiction jury Justice land legislature liable matter ment mortgage motion New-York notice objection offer of judgment opinion owner paid party payment person plain plaintiff plaintiff in error plank road plea pleading possession premises promissory note proof provision question Railroad Ralph Clark received recover reference rendered rule special term statute street suit SUPREME COURT Switzer testimony thereof tiff tion trial trustees usurious verdict Wend West Troy witness writ
Popular passages
Page 248 - ... that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty whereof he was before a citizen or subject ; which proceedings shall be recorded by the clerk of the court.
Page 381 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 380 - Lord , was indebted to the plaintiff in pounds, for the price and value of goods then sold and delivered by the plaintiff to the defendant, at his request...
Page 257 - ... action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 516 - ... the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Page 315 - Court, and in what respect he has been misled; and thereupon the Court may order the pleading to be amended, upon such terms as shall be just "Sec.
Page 39 - The defendant may be arrested, as hereinafter prescribed, in the following cases: 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the state, or is about to remove therefrom...
Page 63 - No person offered as a witness shall be excluded by reason of his interest in the event of the action.
Page 251 - States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after "he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority...
Page 197 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.