Practice Reports in the Supreme Court and Court of Appeals, Band 5Joel Munsell, 1851 |
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Seite 21
... relief as the court may see fit to grant . It was insisted on the part of the defendants , that no costs are taxable in this case , but that such costs as are allowed to the officers of the court and who are required to render the ...
... relief as the court may see fit to grant . It was insisted on the part of the defendants , that no costs are taxable in this case , but that such costs as are allowed to the officers of the court and who are required to render the ...
Seite 55
... relief against the judgment . C. S. LESTER , for the Motion . W. L. AVERY , Contra . HAND , Justice . " If irrelevant or redundant matter be inserted in a pleading , it may be stricken out on motion of any person aggrieved thereby ...
... relief against the judgment . C. S. LESTER , for the Motion . W. L. AVERY , Contra . HAND , Justice . " If irrelevant or redundant matter be inserted in a pleading , it may be stricken out on motion of any person aggrieved thereby ...
Seite 76
... relief , and the appeal will not be dismissed if the sureties justify within thirty days , and the appellant pays the costs of the motion . If the sureties justify , all further proceedings on the appeal should be stayed until the costs ...
... relief , and the appeal will not be dismissed if the sureties justify within thirty days , and the appellant pays the costs of the motion . If the sureties justify , all further proceedings on the appeal should be stayed until the costs ...
Seite 101
... relief demanded , may be joined as plaintiffs , with the exception provided in that title . And the 118th section provides that any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff ...
... relief demanded , may be joined as plaintiffs , with the exception provided in that title . And the 118th section provides that any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff ...
Seite 103
... relief in this suit than to have the transfer or sale of the property to the defendants , Eaton & Spicer by Kelsey , declared fraudulent , and that they be decreed to account for the property received by them , that the court might have ...
... relief in this suit than to have the transfer or sale of the property to the defendants , Eaton & Spicer by Kelsey , declared fraudulent , and that they be decreed to account for the property received by them , that the court might have ...
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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
Beliebte Passagen
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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...
Seite 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...