Reports of Decisions on the Code of Procedure, New Series, Volume 1J. Townshend, 1852 - Civil procedure |
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Results 1-5 of 44
Page 1
... dismissing such suit . THE plaintiffs in the above action commenced a suit against the defendant on 30th May , 1849 , to recover the balance due them of the purchase money for lands sold by them to the defendant , the defendant being in ...
... dismissing such suit . THE plaintiffs in the above action commenced a suit against the defendant on 30th May , 1849 , to recover the balance due them of the purchase money for lands sold by them to the defendant , the defendant being in ...
Page 5
... dismissed , I can make no such order on this motion . There is nothing in the first action which requires the assistance of the court ; the injunction restraining its prosecu- tion has been dissolved . The second action in which the ...
... dismissed , I can make no such order on this motion . There is nothing in the first action which requires the assistance of the court ; the injunction restraining its prosecu- tion has been dissolved . The second action in which the ...
Page 27
... Dismissing Complaint . Where a plaintiff unreasonably omits to notice a cause for trial at the next circuit after ... dismissal of the complaint and enter judgment for his costs . The right to amend is not per se a stay of proceedings ...
... Dismissing Complaint . Where a plaintiff unreasonably omits to notice a cause for trial at the next circuit after ... dismissal of the complaint and enter judgment for his costs . The right to amend is not per se a stay of proceedings ...
Page 28
... dismissal of the suit ; and I think the defendant may have a judgment for his costs where the complaint is dismissed . Call- ing it a judgment , as in case of nonsuit , in the notice , does not mislead , and is the same thing in effect ...
... dismissal of the suit ; and I think the defendant may have a judgment for his costs where the complaint is dismissed . Call- ing it a judgment , as in case of nonsuit , in the notice , does not mislead , and is the same thing in effect ...
Page 52
... dismissed without costs . ( See 2 Code The decision in Morgan v . Avery was affirmed at general term . Rep . 121 ; 7 Barb . S. C. R. 656 ; and see Cammann v . Tompkins , ante p . 12. ) Calkins v . Williams - Calkins v . Brand . 52 CODE ...
... dismissed without costs . ( See 2 Code The decision in Morgan v . Avery was affirmed at general term . Rep . 121 ; 7 Barb . S. C. R. 656 ; and see Cammann v . Tompkins , ante p . 12. ) Calkins v . Williams - Calkins v . Brand . 52 CODE ...
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Common terms and phrases
affidavit alleged allowed amendment amount answer application assignment attachment authority averment bail behalf bill cause of action chancery claim clerk co-defendant Code Rep commenced common law complaint contract counsel court of appeals court of chancery damages debt decision defendant defendant's demurrer denied dismissed double costs entered entitled equity evidence examination execution facts favor filed fraud given granted ground held injunction injury intended issue judge judgment debtor jurisdiction jury justice legislature libel lien Livingston county matter ment mitigation of damages necessary notice of appeal objection obtained opinion order of arrest payment pending person plaintiff plaintiff's attorney pleading practice present promissory note provisions question receiver recover referee reference relief remedy remittitur rendered repealed reply revised statutes rule served sheriff special term sufficient suit summons SUPERIOR COURT SUPREME COURT Suydam tion trial usury vacate verdict Washington Mutual Wend witness YORK COMMON PLEAS
Popular passages
Page 183 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Page 164 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Page 37 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 167 - 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.
Page 389 - The court may, 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...
Page 95 - In case of any other transfer of interest, the action may 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 24 - ... it upon the other, or to do any other act, necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from...
Page 390 - ... party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting an allegation material to the case ; or, where the amendment does not change substantially the claim or defence, by conforming the pleading or other proceeding to the facts proved.
Page 190 - ... supplementary to the execution, and may be thereupon reviewed in the following cases. 1. When the order grants or refuses, continues or modifies, a provisional remedy.
Page 412 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.