A Treatise on the Civil Jurisdiction of Justices of the Peace in the State of New York, Bagian 2W. & A. Gould & Company, 1841 |
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Halaman 569
... according to their ordinary import in conver- sation , this will be enough , though the strict rules of special pleading at the common law be violated . ( u ) ( 1 ) Indeed , it is said ( and with the greatest propriety ) that special ...
... according to their ordinary import in conver- sation , this will be enough , though the strict rules of special pleading at the common law be violated . ( u ) ( 1 ) Indeed , it is said ( and with the greatest propriety ) that special ...
Halaman 573
... according to its nature , stated and proved on the part of the defendant . For example , the plaintiff , after having stated his claim , need not go on to deny that he has released it , that it is barred by the statute of limitations or ...
... according to its nature , stated and proved on the part of the defendant . For example , the plaintiff , after having stated his claim , need not go on to deny that he has released it , that it is barred by the statute of limitations or ...
Halaman 576
... according to the very right of the case . ( 1 ) But where the essential rights of the parties depend upon the pleadings ( n ) Vid . 10 Wen . 370 , 372 . ( 0 ) Id . ( p ) 14 John . 369 , 370. 3 Caines , 137 , 8. 13 Wen . 283 , 4 . ( q ) ...
... according to the very right of the case . ( 1 ) But where the essential rights of the parties depend upon the pleadings ( n ) Vid . 10 Wen . 370 , 372 . ( 0 ) Id . ( p ) 14 John . 369 , 370. 3 Caines , 137 , 8. 13 Wen . 283 , 4 . ( q ) ...
Halaman 582
... according to its nature . 2. AN INSTANCE OF THE SECOND KIND OF PLEADING , CALLED Irregular , In a justice's court , we have said that this is confined to demurrers . Demurrers to evidence , bills of exceptions , & c . which , in courts ...
... according to its nature . 2. AN INSTANCE OF THE SECOND KIND OF PLEADING , CALLED Irregular , In a justice's court , we have said that this is confined to demurrers . Demurrers to evidence , bills of exceptions , & c . which , in courts ...
Halaman 584
... according to the truth of the matter ; and shall thereafter proceed therein in the like manner , as if the defendant had been sued by his right name . There is a similar provision of the statute applicable only to process from courts of ...
... according to the truth of the matter ; and shall thereafter proceed therein in the like manner , as if the defendant had been sued by his right name . There is a similar provision of the statute applicable only to process from courts of ...
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Istilah dan frasa umum
12 John adjournment affidavit aforesaid alleged amended amount ante appear apply arbitrators assumpsit attorney aver award bond Caines cause of action certiorari chattels Chit cited claim commenced common pleas constable contract costs county of Saratoga courts of record Cowen & Hill's creditor damages debt debtor declaration defendant defendant's delivered demand demurrer discharge endorsed evidence execution fact favor fraud given held Hill's Notes horse interest issue James Jackson John Doe John Smith judgment juror jury justice justice's court levy liable matter ment Notes to Phil notice oath paid party payment person plaintiff plea in abatement plead Prac proceedings promise proof proper prove question Ransom Cook recover refused request Richard Roe rule SARATOGA COUNTY Saratoga Springs set-off statute sufficient suit summons sworn tender thereof tion town of Saratoga trespass trial trover verdict voire dire warrant witness
Bagian yang populer
Halaman 1056 - Every sale made by a vendor, of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things...
Halaman 1004 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be Computed on the balance, as aforesaid.
Halaman 1005 - Compute the interest on the principal sum, from the time when the interest commenced to the first time when a payment was made, which exceeds either alone or in conjunction with the preceding payment...
Halaman 762 - ... the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Halaman 631 - America, to be paid to the said , his certain attorney, executors, administrators or assigns, to which payment well and truly to be made, I do bind myself, my heirs, executors and administrators, jointly and severally, for and in the whole, firmly by these presents.
Halaman 732 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence
Halaman 725 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Halaman 1014 - Judgments are the sentence of the law, pronounced by the court upon the matter contained in the record; and are of four sorts.
Halaman 782 - Sheriff', or his certain attorney, executors, administrators or assigns, for which payment to be well and truly made we bind ourselves, and each and every of us in the whole, our and each and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals.
Halaman 762 - Imprisoned on a criminal charge, or, in execution under the sentence of a criminal court, for a term less than his natural life ; or, 4. A married woman. The time of such disability is not a part of the time limited for the commencement of the action...