Select Cases on Code Pleading: With NotesDiossy Law Book Company, 1895 - 714 páginas |
Dentro del libro
Resultados 1-5 de 47
Página xix
... Trust Co. , 139 N. Y. , 461 . 27. Lack of verification , when same is required by law ; as in an action against a joint debtor not originally served , § 1938- remedy , return immediately , with notice , or move to set aside . ( A ...
... Trust Co. , 139 N. Y. , 461 . 27. Lack of verification , when same is required by law ; as in an action against a joint debtor not originally served , § 1938- remedy , return immediately , with notice , or move to set aside . ( A ...
Página 16
... trust to sue in his own name - one who made a contract in his own name , but described himself therein as agent of a third person , may sue thereon in his own name ; and this rule is applicable to a suit in a court of the United States ...
... trust to sue in his own name - one who made a contract in his own name , but described himself therein as agent of a third person , may sue thereon in his own name ; and this rule is applicable to a suit in a court of the United States ...
Página 21
... trust , or a person expressly author- ized by statute , may sue without joining with him the person for whose benefit the action is prosecuted . A person with whom , or in whose name , a contract is made for the benefit of another , is ...
... trust , or a person expressly author- ized by statute , may sue without joining with him the person for whose benefit the action is prosecuted . A person with whom , or in whose name , a contract is made for the benefit of another , is ...
Página 67
... trust to col- lect its debts . It then averred that on April 5 , 1851 , the de- fendant made his promissory note for the sum of $ 100 , payable September 1 , 1852 , and delivered the same to the said Antioch College ; that the note had ...
... trust to col- lect its debts . It then averred that on April 5 , 1851 , the de- fendant made his promissory note for the sum of $ 100 , payable September 1 , 1852 , and delivered the same to the said Antioch College ; that the note had ...
Página 95
... trust for the payment of his debts . [ VII . ] That the plaintiff is now , and at the time of the destruction by fire of said property , insured , as aforesaid , was , the lawful owner and holder of said policy of insurance , and as the ...
... trust for the payment of his debts . [ VII . ] That the plaintiff is now , and at the time of the destruction by fire of said property , insured , as aforesaid , was , the lawful owner and holder of said policy of insurance , and as the ...
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.