Select Cases on Code Pleading: With NotesDiossy Law Book Company, 1895 - 714 páginas |
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Página 2
... Supreme Court at Special Term , MARVIN , J. , overruled the demurrer [ citing Tucker v . Rushton , 2 Code Rep . , 59 ] , and holding that the insufficiency of the allegation of indebtedness was not fatal because the subsequent statement ...
... Supreme Court at Special Term , MARVIN , J. , overruled the demurrer [ citing Tucker v . Rushton , 2 Code Rep . , 59 ] , and holding that the insufficiency of the allegation of indebtedness was not fatal because the subsequent statement ...
Página 6
... Court , and allowed judgment for the price of them ; and , after that , being sued in this action on the bond given ... Supreme Court affirmed the judg- ment , on grounds similar to those presented in the opinion of the Court of Appeals ...
... Court , and allowed judgment for the price of them ; and , after that , being sued in this action on the bond given ... Supreme Court affirmed the judg- ment , on grounds similar to those presented in the opinion of the Court of Appeals ...
Página 8
... court held that the demand could not be divided into separate suits . This was also a plain case of one cause of ... Supreme Court the judgment was reversed . The court , by NELSON , J. , after stating that it was settled in that court ...
... court held that the demand could not be divided into separate suits . This was also a plain case of one cause of ... Supreme Court the judgment was reversed . The court , by NELSON , J. , after stating that it was settled in that court ...
Página 9
... Supreme Court that the previous judgment was a bar to recovery . It is manifest that this decision rests on no sound principle , and is not law . A plainer case of distinct independent causes of action could hardly be presented ...
... Supreme Court that the previous judgment was a bar to recovery . It is manifest that this decision rests on no sound principle , and is not law . A plainer case of distinct independent causes of action could hardly be presented ...
Página 10
... Supreme Court reversed the judgment . COWEN , J. , who delivered the opinion of the court , reviews and comments upon many of the cases , after which he makes the following observations : " I admit that the rule does not extend to ...
... Supreme Court reversed the judgment . COWEN , J. , who delivered the opinion of the court , reviews and comments upon many of the cases , after which he makes the following observations : " I admit that the rule does not extend to ...
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Términos y frases comunes
admitted affirmed the judgment agreement allegation that defendant allege that plaintiff amended complaint amount answer assignment assumpsit averment bill of particulars bond breach cause of action claim Code Civ common law complaint alleged contract corporation costs count counterclaim Court of Appeals court of equity damages defect defendant's delivered demand demurrer denial denied duly entitled equitable evidence facts foreclosure fraud ground indorser injury interest issue jurisdiction jury liability lien matter ment misjoinder mortgage motion N. E. Rep N. Y. Supp negligence objection Oceanic Steam Nav owner paid party Patrick Larkin payment performance person plaint plea pleading promise promissory note proof prove question recover recovery refused relief rule Special Term specified statement statute Statute of Frauds sued sufficient suit Supreme Court sustained thereof tion trial York Court York Supreme Court
Pasajes populares
Página 181 - 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.
Página 21 - every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section Erickson agt. Compton. 113, &c. By section 113, "An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Página 248 - 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.
Página 212 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Página 405 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Página 359 - By a resident of this State, for any cause of action. 2. By a plaintiff not a resident of this State, when the cause of action shall have arisen, or the subject of the action shall be situated, within this State.
Página 153 - Where, however, the allegation to which the proof is directed, is unproved, not in some particular or particulars only, but in its entire scope and meaning, it is not a case of variance, within the last two sections, but a failure of proof.
Página 348 - The county court shall have, such jurisdiction in cases arising in justices courts, and in special cases, as the Legislature may prescribe ; but shall have no original civil jurisdiction, except in such special cases.
Página 351 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Página 416 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.