Precedents of Pleading in Civil Actions Under the New-York Code of Procedure: An Appendix to Van Santvoord's Pleading : with Notes and References to Recent Decisions

W.C. Little, 1858 - Civil procedure - 702 pages

From inside the book

Page 336
... to bring them all before the court , one or more may sue or defend for the benefit of the whole , applies indiscriminately to all actions , whether they involve questions of common interest or not . Per HARRIS , J. , ibid . of the said ...

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Selected pages

PRECEDENTS OF PLEADING BEFORE THE CODE IN EQUITY	1

2 IN CASES OF ACCIDENT	2

6 COMPLAINTS AGAINST PERSONS SEVERALLY LIABLE ON SAME	6

Specific denials	7

10 IN CASES OF PARTITION	10

By bank in its corporate name on a promissory note against	11

To restrain defendant from diverting watercourse alleging	17

in grading a street	18

By several heirs on behalf of themselves and numerous other	411

Against first and third endorser of note	415

Against the survivor and representatives of deceased maker of a joint and several sealed note alleging insolvency of sur vivor	417

Against two of three makers of a joint and several bond	418

Against all the parties on a written contract and guaranty executed simultaneously	420

294	422

7 IN ACTIONS TO RECOVER ON ACCOUNTS OR CLAIMS FOR GOODS SOLD WORK ETC UNDER SECTION 158 OF THE CODE AND GE...	423

Another form for goods sold and delivered	425

OBLIGATION OR INSTRUMENT SECTION 129 OF THE CODE PAGE	20

Libel in rem for towage service	24

1st That neglect was that of	30

By receiver to set aside an assignment as fraudulent	34

Answer under the Code in separate paragraphs	47

In an action by judgment creditors to set aside assignment	49

For partition of lands by one tevant in common against his	52

1	53

By widow of testator in same case	55

Damages by reason of goods not corresponding to sample	61

a conveyance which he had omitted by accident to	62

Trespass for taking and carrying away goods	69

Against vendor with prayer for alternative relief in damages	71

12	78

By creditor of insolvent corporation to charge the directors	81

4 INSTRUCTIONS TO RESTRAIN COMMISSION OF WRONGFUL	87

2225	103

To restrain unlawful use of trade marks praying an account	108

21	117

24	132

By heirs of deceased grantor of weak understanding to vacate	139

29	147

Prayer to complaint by devisees to set aside deeds executed	154

38	159

By judgment creditor against judgment debtor alone to reach	163

By creditor on behalf of himself and all other creditors	175

By cestui que trust against trustees for an accounting of trust	181

41	190

8 WILLS	196

Same praying necessary directions for administration	204

53	235

55	249

Foreclosure alleging a prior mortgage by two defendants to	258

By plaintiff who had taken on sale of real estate a note of	264

By heiratlaw of deceased mortgagor against mortgagee	270

12 IN CASES OF DIVORCE	280

To dissolve marriage because of adultery	286

By widow against heir for dower asking a discovery of the real	289

To compel husband and wife to execute a lien on the wifes	298

By devisee against heir to have title deeds delivered	305

Against a person unlawfully exercising the duties of a public	315

49	316

Against a person appointed executor of one who had acted in	322

Against an insurance company on agreement to effect an insur	328

By several legatees in behalf of themselves and other legatees	335

Complaint in the nature of an audita querela praying that	345

Supplemental complaint making additional party defendant	352

2 ON MONEY INSTRUMENTS NOT UNDER SECTION 162 OF	359

By assignee of claim against innkeeper for loss of money	365

PART II	375

By trustee under assignment on a policy of insurance on pro	398

By an agent for breach of contract made by him for benefit	404

For labor and services price agreed on	426

For labor and services price not agreed on	427

For money lent	428

For money had and received	429

For several items of work materials and money	430

For a general balance of account	431

For use and occupation no price agreed on	432

For a bill of goods items not set forth and demand assigned to plaintiff	434

The same items stated	435

For several claims of different kinds of money demands some of which accrued in different rights and are set forth in separate causes of action	436

To have deed reformed and mistake in description of premises	438

8 IN CASES of Pleading a Judgment PerfORMANCE OF CON DITION PRECEDENT AND PRIVATE STATUTE SECTIONS 161	439

On a justices judgment rendered more than five years before suit	440

ditions precedent is pleaded generally	441

The same on a guaranty	448

57	449

For breach of contract of a common carrier to carry goods	454

For verbal slander	462

For libel against a coroner and verbal slander joined	468

62	475

By husband and wife for injury to the wife by reason of	481

66	486

Trespass to the person false imprisonment	487

12 TO RECOver Possession of Personal or Real Property	493

298	496

74	497

For negligently causing death of plaintiffs intestate	503

78	504

therewith	543

General denial statute of limitations payment and demand	550

The same with defence of special contract whereby plaintiff	557

The same on policy of fire insurance	565

Justifying entering a public street by railroad company under	591

By collector justification for taking property under tax warrant	598

In slander denial justification and mitigating circumstances	618

90	623

To prove and establish a lost will	627

Separate counterclaim pleaded by one of several defendants	649

Equitable counterclaim in action to recover possession of real	655

By one of two joint indorsers alleging separate judgments	662

2 DEMURRErs	669

Special demurrer specifying various grounds of objection belong	675

To counterclaim interposed in an action to recover rent	682

301	685

491	689

641	690

139	692

By landlord to restrain waste and compel lessee to put premises	693

411	697

311	698

To restrain defendant from excavating his lands adjoining plain	699

620	700

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Common terms and phrases

Abraham according adjudged aforesaid agent agreed agreement Albany alleges amount answer appear applied appointed assignment Attorney authorized bank bill bond carry cause of action charge claim Code common complaint consideration contained contract conveyance conveyed corporation costs court damages death debts deceased deed defendant delivered described direction duly effects entitled equity execution executors facts farm George given heirs held informed and believes interest issued John land lien manner means mentioned mortgage nature necessary New-York owner paid parties payment plaintiff complains plaintiff demands judgment plaintiff further Pleadings possession premises proper provisions purchase railroad real estate reason received referred refused relief respect river says sold sufficient suit thereof tion trust Wherefore the plaintiff whole wife writing

Popular passages

Page 444 - In pleading a private statute or a right derived therefrom, it shall be sufficient to refer to such statute by its title and the day of its passage, and the court shall thereupon take judicial notice thereof.

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Page 336 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.

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Page 14 - In all cases where a man has a temporal loss or damage by the wrong of another, he may have an action upon the case to be repaired in damages.

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Page 167 - Whether the conveyance assailed was made with intent to hinder, delay and defraud the creditors of the...

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Page 353 - ... that the same is true of his own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.

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Page 463 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.

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Page 72 - Know all men by these presents, that I, John McLoughlin, of Fort Vancouver, in the Territory of Oregon, for and in consideration of the sum of one dollar, to me in hand paid by...

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Page 163 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...

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Page 251 - ... have or claim to have some interest in or lien upon the said mortgaged premises or some part thereof which interest or lien if any has accrued subsequently to the lien of said mortgage, and is subject and subordinate thereto...

Appears in 84 books from 1852-1988

Bibliographic information

QR code for Precedents of Pleading in Civil Actions Under the New-York Code of Procedure

Title	Precedents of Pleading in Civil Actions Under the New-York Code of Procedure: An Appendix to Van Santvoord's Pleading : with Notes and References to Recent Decisions The making of modern law
Author	George Van Santvoord
Publisher	W.C. Little, 1858
Length	702 pages

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