Select Cases on Code Pleading: With NotesDiossy Law Book Company, 1895 - 714 páginas |
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Página 1
... count in assumpsit . 3. The allegation that the price is " due " may be reasonably intended to mean that it is payable . 4. " Due " is sometimes used to express the mere statement of indebt- ment , and then is an equivalent to owed or ...
... count in assumpsit . 3. The allegation that the price is " due " may be reasonably intended to mean that it is payable . 4. " Due " is sometimes used to express the mere statement of indebt- ment , and then is an equivalent to owed or ...
Página 3
... count , in debt , according to the mode of pleading before the Code . ( 2 Chitty Pl . , ed . 1812 , 142 ; Emery v . Fell , 2 Term R. , 28 ; 1 Chitty Pl . , 345. ) The counsel for the defendant insisted , that the statement that there is ...
... count , in debt , according to the mode of pleading before the Code . ( 2 Chitty Pl . , ed . 1812 , 142 ; Emery v . Fell , 2 Term R. , 28 ; 1 Chitty Pl . , 345. ) The counsel for the defendant insisted , that the statement that there is ...
Página 31
... counts in assumpsit . This he had a right to do , provided that he had fully completed the special contract . The rule is that indebitatus assumpsit will lie to recover the stipulated price due on a special contract , where the contract ...
... counts in assumpsit . This he had a right to do , provided that he had fully completed the special contract . The rule is that indebitatus assumpsit will lie to recover the stipulated price due on a special contract , where the contract ...
Página 38
... count alleged generally that defendants were indebted for services rendered by himself and wife [ in respect of the same period ] , and repeated that the third person not joined had ceased to be trustee . The other counts it is not ...
... count alleged generally that defendants were indebted for services rendered by himself and wife [ in respect of the same period ] , and repeated that the third person not joined had ceased to be trustee . The other counts it is not ...
Página 39
... count of indebitatus assumpsit for work and labor , used 6 prior to the Code of Procedure . That count always was suffi- cient to authorize a recovery for work and labor performed under a contract not under seal , unless the party ...
... count of indebitatus assumpsit for work and labor , used 6 prior to the Code of Procedure . That count always was suffi- cient to authorize a recovery for work and labor performed under a contract not under seal , unless the party ...
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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.