 | New York (State). Court of Chancery, William Johnson - 1824 - 748 pages
...cause comes on to be heard, upon the merits, it is too late to object to the jurisdiction of the Court, on the ground that the plaintiff has an adequate remedy at law, which he might have pursued. Underhill v. Fan Cortlandt, 2 J. C R. 339. 20. Where a party on being... | |
 | 1843 - 530 pages
...taken, and the cause has come on for hearing, it is too late to object to the jurisdiction of the court on the ground that the plaintiff has an adequate remedy at law, provided it is competent to the court to grant relief and it has jurisdiction of the subject matter.... | |
 | William Johnson - 1837 - 678 pages
...cause comes on to be heard upon the merits, it is too late to object to the jurisdiction of the Court, on the ground that the plaintiff has an adequate remedy at law, which he might have pursued. Under/till v. Van Coiilandt, 2 jc R. 339. 1128. Where a party, on being... | |
 | Nathan Howard (Jr.) - 1852 - 546 pages
...Defendant. J. HARDENBURGH, for Plaintiff, Robb agt. Jewell. PARKER, Justice. — The defendant moves for a dismissal of the complaint, on the ground that the plaintiff neglected to bring this cause to trial at the Ulster circuit, held on the 27th of last October. It... | |
 | 1856 - 598 pages
...overruled the objection, and the counsel for defendant excepted. The counsel for the defendant then moved for a dismissal of the complaint, on the ground that the evidence offered in behalf of plaintiff did not prove the issue on his part. The motion was denied... | |
 | New York (State). Superior Court (New York), Joseph S. Bosworth - 1859 - 756 pages
...the witness," which was over-ruled, and he excepted ; when the plaintiff rested. " The defendants' counsel moved for a dismissal of the complaint, on the ground that the notes or contracts stated in the complaint were not negotiable or transferable as promissory notes,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1859 - 720 pages
...thereof to the defendants ; and their refusal to accept. When the plaintiffs rested, the defendants' counsel moved for a dismissal of the complaint, on the ground that no sufficient contract had been established, within the provisions of the statute of frauds. The justice... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1859 - 662 pages
...assigned demands might enable him to do. Upon the closing of the evidence, the counsel for the defendant moved for a dismissal of the complaint on the ground that the policy had become void at the time of the loss by reason . of the failure to give notice of the subsequent... | |
 | Oliver Lorenzo Barbour - 1862 - 714 pages
...enable the defendants to make a motion to dismiss the complaint, rested his case. The defendants then moved for a dismissal of the complaint, on the ground that the assignment was fraudulent and void, for the following reasons: 1. The assignment empowers the assignee... | |
 | Alonzo Christopher Paige - 1864 - 828 pages
...taken, and the cause hu come on to hearing, it is too late to object to the jurisdiction of the court on the ground that the plaintiff has an adequate remedy at law, provided it is competent to the court to grant relief, and it has jurisdiction of the subject matter.... | |
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On the opening of plaintiff's counsel at the trial, defendant's counsel moved for a dismissal of the complaint, "on the ground that the plaintiff has an adequate remedy at law. that defense being taken specifically in the answer. 
