Select Cases on Code Pleading: With NotesDiossy Law Book Company, 1895 - 714 páginas |
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Página xxii
... proved under a denial without being ex- pressly pleaded as a partial defence . ) 4. Inconsistency between several defences - not objectionable , unless it prove one to be necessarily false in fact , in which case the remedy is : 1 ...
... proved under a denial without being ex- pressly pleaded as a partial defence . ) 4. Inconsistency between several defences - not objectionable , unless it prove one to be necessarily false in fact , in which case the remedy is : 1 ...
Página 2
... prove nothing more , and an allegation of breach was not necessary [ approving rule in Glenny v . Hitchins , 4 How . Pr . , 99 ] ; and if defendant relied on payment or unexpired credit , he must show that in defence . The General Term ...
... prove nothing more , and an allegation of breach was not necessary [ approving rule in Glenny v . Hitchins , 4 How . Pr . , 99 ] ; and if defendant relied on payment or unexpired credit , he must show that in defence . The General Term ...
Página 15
... proved the sale of the goods to the firm , and then introduced in evi- dence the certificate and papers filed for the ... prove that he in fact contributed only $ 8,000 . Upon the objection of Hutchinson's counsel this proof was rejected ...
... proved the sale of the goods to the firm , and then introduced in evi- dence the certificate and papers filed for the ... prove that he in fact contributed only $ 8,000 . Upon the objection of Hutchinson's counsel this proof was rejected ...
Página 29
... prove performance of the con- tract , whether he sues for work , etc. , generally , or pleads the special contract ... proving that he had done all the work required by the special contract produced in evi- dence , nor preclude the ...
... prove performance of the con- tract , whether he sues for work , etc. , generally , or pleads the special contract ... proving that he had done all the work required by the special contract produced in evi- dence , nor preclude the ...
Página 31
... prove performance , and he offered evidence for that purpose . The defendant then offered to prove that the work had never been finished . The court ruled that he could not be allowed to show that the contract had not been per- formed ...
... prove performance , and he offered evidence for that purpose . The defendant then offered to prove that the work had never been finished . The court ruled that he could not be allowed to show that the contract had not been per- formed ...
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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 constitute a cause contract corporation costs count counterclaim Court of Appeals court of equity damages defect defendant's delivered demand demurrer denial denied duly entitled equity evidence facts foreclosure fraud ground indorser injury interest issue jurisdiction jury liability matter ment misjoinder mortgage motion N. E. Rep N. Y. Supp negative pregnant negligence objection 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.