Select Cases on Code Pleading: With NotesDiossy Law Book Company, 1895 - 714 páginas |
Dentro del libro
Resultados 1-5 de 63
Página 108
... lands and buildings for school purposes only . 1 Ga- vin & Hord's Stat . , 623-626 ; Davis ' Supplt . , 116 . The bonds in suit containing no statement of the purpose for which they were issued , and no recital which can bind the town ...
... lands and buildings for school purposes only . 1 Ga- vin & Hord's Stat . , 623-626 ; Davis ' Supplt . , 116 . The bonds in suit containing no statement of the purpose for which they were issued , and no recital which can bind the town ...
Página 128
... land for a longer period than one year shall be void . While such a contract is void , yet , if the tenant enters under it and occupies , he may be compelled to pay for the use and occupation of the premises . ( Schuyler v . Leggett , 2 ...
... land for a longer period than one year shall be void . While such a contract is void , yet , if the tenant enters under it and occupies , he may be compelled to pay for the use and occupation of the premises . ( Schuyler v . Leggett , 2 ...
Página 134
... lands or tenements , in the city of New York , which shall not particularly specify the duration of such occupation , shall be deemed valid until the first day of May next after the possession under such agreement shall commence , and ...
... lands or tenements , in the city of New York , which shall not particularly specify the duration of such occupation , shall be deemed valid until the first day of May next after the possession under such agreement shall commence , and ...
Página 137
... land- lord notice before the end of the term that he did not intend to hire for another year , and had hired other premises , which would be ready for his occupancy in a few days . ( Schuyler v . Smith , supra ; Adams v . City of Cohoes ...
... land- lord notice before the end of the term that he did not intend to hire for another year , and had hired other premises , which would be ready for his occupancy in a few days . ( Schuyler v . Smith , supra ; Adams v . City of Cohoes ...
Página 138
... lands , or the remainder man or reversioner coming in after the lessor's estate has terminated , and their heirs and personal representatives , have the same remedies as the assignor , grantor , or lessor . ( 1 R. S. , 747 [ 4 id ...
... lands , or the remainder man or reversioner coming in after the lessor's estate has terminated , and their heirs and personal representatives , have the same remedies as the assignor , grantor , or lessor . ( 1 R. S. , 747 [ 4 id ...
Otras ediciones - Ver todas
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.