Practice Reports in the Supreme Court and Court of Appeals, Volume 9Joel Munsell, 1860 - Civil procedure |
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Common terms and phrases
affidavit alleged allowed amendment amount appear application arrest assignment assignor attorney authority averred bail bill causes of action charge circuit claim clerk Code commenced common law complaint contract corporation costs counsel counter-claim court of chancery court of equity creditors debt debtor decision declared defendant defendant's demand demurrer denied Emery entitled equity evidence examination execution executor facts fendant foreclosure granted ground held injunction Insurance interest irregularity issue judge judgment judgment debtor jury Justice legislature liable lien Lockport ment mortgage motion notice objection opinion party payment person plaint plaintiff plaintiff's attorney pleading possession premises prisoner proceedings promissory note provision question railroad received recover referred reply rule Saratoga County served set-off sheriff Special Term statement statute sufficient suit SUPREME COURT thereof tion trial trust verdict Wend wife witness writ of assistance
Popular passages
Page 347 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Page 30 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 331 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 186 - It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days 'after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof.
Page 437 - ... shall be jointly and severally liable for all the debts of the company, then existing, and for all that shall be contracted before such report shall be made.
Page 132 - ... 1. If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served,* unless the court otherwise direct, and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served, and if they are subject to arrest, against the persons of the defendants served : or, 2.
Page 516 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Page 168 - Under our system society carries the burden of proving its charge against the accused not out of his own mouth. It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through skillful investigation. "The law will not suffer a prisoner to be made the deluded instrument of his own conviction.
Page 331 - ... action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the transfer is made, to be substituted in the action.
Page 43 - ... of any county where such debtor may be, to arrest him and bring him before such judge. Upon being brought before the judge, he may be examined on oath, and...