Practice Reports in the Supreme Court and Court of Appeals, Volume 10Joel Munsell, 1860 |
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Page 14
... evidence of any authority to sign as agent is entirely deficient . The complaint alleges , that the contract was executed by the defendant Preston , in presence of his said wife , and with her authority and consent in his own behalf ...
... evidence of any authority to sign as agent is entirely deficient . The complaint alleges , that the contract was executed by the defendant Preston , in presence of his said wife , and with her authority and consent in his own behalf ...
Page 43
... evidence . On read- ing these sections together , it is reasonably clear that these terms , however dissimilar in their literal meaning , were used , and must be treated as synonymous . In section 74 we find additional proof of the ...
... evidence . On read- ing these sections together , it is reasonably clear that these terms , however dissimilar in their literal meaning , were used , and must be treated as synonymous . In section 74 we find additional proof of the ...
Page 48
... evidence upon the trial will prove , and not the evidence which will be required to prove the existence of those facts . Kings Special Term , June , 1853. - Motion by the defendant to strike out portions of the complaint as " irrelevant ...
... evidence upon the trial will prove , and not the evidence which will be required to prove the existence of those facts . Kings Special Term , June , 1853. - Motion by the defendant to strike out portions of the complaint as " irrelevant ...
Page 49
... evidence tending to establish the existence of the alleged frauds ; and that the allegations in relation to the defendant's profession , the manner in which he became acquainted with the plaintiff , and his ceasing to visit the ...
... evidence tending to establish the existence of the alleged frauds ; and that the allegations in relation to the defendant's profession , the manner in which he became acquainted with the plaintiff , and his ceasing to visit the ...
Page 50
... evidence in the cause . This construction would give the complaint the full effect of a bill of discovery , and ... evidence upon the trial will prove , and not the evidence which will be required to prove the existence of the fact ...
... evidence in the cause . This construction would give the complaint the full effect of a bill of discovery , and ... evidence upon the trial will prove , and not the evidence which will be required to prove the existence of the fact ...
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Common terms and phrases
admitted affidavit alleged alley allowed amendment amount answer application assignment assignor attorney authority avers Bank Barb bill Carnobeli cause of action claim Claverack clerk Code commissioners common law complaint contract corporation costs counsel creditors Cuba damages debt decision decree defendant defendant's demurrer denied deponent district entitled evidence examination execution facts fendant given granted held Hernandez highway impleaded issue John judge judgment jurisdiction jury Justice land legislature liable matter ment mortgage motion New-York notice objection offer of judgment opinion owner paid party payment person plain plaintiff plaintiff in error plank road plea pleading possession premises promissory note proof provision question Railroad Ralph Clark received recover reference rendered rule special term statute street suit SUPREME COURT Switzer testimony thereof tiff tion trial trustees usurious verdict Wend West Troy witness writ
Popular passages
Page 248 - ... that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty whereof he was before a citizen or subject ; which proceedings shall be recorded by the clerk of the court.
Page 381 - 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 ; 2.
Page 380 - Lord , was indebted to the plaintiff in pounds, for the price and value of goods then sold and delivered by the plaintiff to the defendant, at his request...
Page 257 - ... 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 516 - ... the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action.
Page 315 - Court, and in what respect he has been misled; and thereupon the Court may order the pleading to be amended, upon such terms as shall be just "Sec.
Page 39 - The defendant may be arrested, as hereinafter prescribed, in the following cases: 1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the state, or is about to remove therefrom...
Page 63 - No person offered as a witness shall be excluded by reason of his interest in the event of the action.
Page 251 - States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after "he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority...
Page 197 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.