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affidavit affirmed alleged allowed amendment amount answer appear application appointed attachment attorney authority averment Bank Barb bill Bosw brought Brown cause of action claim Code complaint constitute contain contract copy corporation costs counter-claim court damages defect defendant demand demurrer denial denied deposition direct Duer effect entitled equity evidence examination execution exists facts further give given granted ground Hand injunction injury issue Johns judge judgment manner material matter motion move nature necessary notice objection obtained officer original Paige particular party person plaintiff pleading possession practice proceedings proper proved question reason receiver recover relating relief remedy render reply restrain rule Sandf Section served sheriff Smith specified statute sufficient suit summons Tiff tion tort trial unless Wend witness York
Seite 413 - The answer of the defendant must contain : "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Seite 505 - The court may, either 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.
Seite 543 - ... that the same is true of his own knowledge except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Seite 565 - Action may plead the General Issue and give the special Matter in Evidence...
Seite 474 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Seite 325 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Seite 659 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Seite 211 - ... 5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; 6.
Seite 22 - All that the law requires of the party by or over whose land a stream passes is, that he should use the water in a reasonable manner, and so as not to destroy or render useless, or materially diminish or affect the application of the water by the proprietors above or below on the stream.