Precedents of pleading in civil actions under the New York Code of procedure: An appendix to Van Santvoord's Pleading with notes and references to recent decisions (Google eBook)

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W.C. Little, 1858 - Civil procedure - 702 pages
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Contents

PART il
46
On a policy of marine Insurance in which performance of con
47
In an action by judgment creditors to set aside assignment
49
For partition of lands by one teoaut in commou against his
52
versed
53
To compel a trustee to certify his consent to the execution
62
Against vendor who has received part of purchase money
69
By lessee against lessor for specific performance of contract
76
By creditor of insolvent corporation to charge the directors
81
4 Instructions to Restrain Commission op Wrongful
87
To restrain defendant from turning the course of a creek upon
96
To restrain defendant from unlawful use and diversion of water
103
To restrain foreclosure sale and declare mortgage not a lien
114
The same alleging that mortgage is usurious and praying that
122
To restrain defendants from prosecuting vexatious suits under
129
To set aside fraudulent foreclosure judgment and for a redemp
136
By grantor to set aside his own deed for fraud and undue
142
To restrain defendants claiming under a fraudulent will from
151
6 Creditors Bill
158
By receiver to set aside an assignment as fraudulent
164
By cestui que trust against trustees for an accounting of trust
181
By infant devisee to carry trusts of a will into execution
190
Wills
196
Same praying necessary directions for administration
204
To prove and establish a lost will
213
For account of partnership dealings after dissolution praying
221
tenant
233
By plaintiff claiming under will and marriage settlement c
241
11 In Mortgage Cases
249
Foreclosure alleging a prior mortgage by two defendants to
258
By plaintiff who had taken on sale of real estate a note of
264
By heiratlaw of deceased mortgagor against mortgagee
270
For a limited divorce
280
To dissolve marriage because of adultery
286
By widow against heir for dower asking a discovery of the real
289
To compel husband and wife to execute a lien on the wifes
298
By sheriff against auctioneer storing goods and claiming a lien
305
Against a person unlawfully exercising the duties of a public
315
Against a person appointed executor of one who had acted in
322
Against an insurance company on agreement to effect an insur
328
By several legatees in behalf of themselves and other legatees
335
Complaint in the nature of an mtdiia querda praying that
345
On note or bond for payment of money only 854
354
By assignee of a claim for nondelivery of goods 868
365
By bank in its corporate name on a promissory note against
371
By administratrix of person negligently killed against execu
377
By a receiver of an insurance company on a praniium note 881
389
By commissioners of highways under authority of statute
395
By general guardian of infant to recover back money paid
402
By three subscribers to a common fund there being numerous
408
6 Complaints against persons severally liable on same
415
in actions to recover on accounts or claims for goods
423
For money had and received
429
The same items stated
435
ditions precedent is pleaded generally
441
For a penalty provided by statute
443
MISCELLANEOUS CASES OP ACTIONS POB BREACH OF CON TRACT Written or Parol 49 For breach of contract for sale of railroad stock
444
On debt barred by statute but revived by new promise
460
For verbal slander
462
For a libel
465
For libel against a coroner and verbal slander joined
468
11 Other Actions for Wrongs including Injuries to Re lative Rights Property and Person 61 For damages occasioned by the falling in of a privy by d...
472
Against municipal corporation for negligently constructing a drain and neglecting to keep it in repair
475
For injury to person of plaintiff by carelessness and negligence of defendant
478
By husband and wife for injury to the wife by reason of the negligence and mismanagement of defendant a railroad company
481
Against a physician for negligence and want of skill
485
Trespass to the person assault and battery
486
Trespass to the person false imprisonment
487
Trespass to lands
488
Trespass for taking and carrying away goods
489
To recover possession of real estate with damages for withhold
495
For negligently causing death of plaintiffs intestate
501
For injury to a servant by the negligence of another servant
509
For damages caused by raising embankment between high
516
The same uniting several causes of action against the company
523
Counterstatement with general denial of allegations inconsistent
543
Nonjoinder of party plaintiff
549
The same with defence of special contract whereby plaintiff
557
The same on policy of fire insurance
565
Bankrupt discharge to action on judgment
568
By indorser of note indorsed for makers accommodation
574
In excuse and justification to a complaint for damages for
581
Justifying an alleged trespass to lands under title acquired
587
By collector justification for taking property under tax warrant
594
Justification in action of trespass to lands
602
The same justification and mitigating circumstances
610
To a complaint by vendee to recover back money paid vendor
618
In an action for injunction to restrain defendant from diverting
625
By widow of tagtator in same case
635
Rent due pleaded as counterclaim
641
PART V
643
Separate counterclaim pleaded by one of several defendants
649
The same by landlord admitted to defend in action to recover
655
REPLIES AND DEMURRERS 1 Replies Paw 1 Reply to counterclaim general denial
661
Same specific denials
662
Reply of setoff to defendants counterclaim of setoff
663
To two separate counterclaims in the same answer payment as to the first and usury as to the second
664
Specific denials and counterstatements to counterclaim which sets up a mistake in and seeks to reform a contract in action brought for specific perfor...
665
To separate counterclaim set up by landlord admitted to defend in an action brought against his tenant to recover real estate
667
2 Demurrers 7 Demurrer on the ground that court has no jurisdiction of the subject matter
669
That plaintiff has not legal capacity to sue
670
For nonjoinder of parties plaintiff
671
That several causes of action have been improperly united
672
That complaint does not state facts sufficient to constitute a cause of action
673
That it contains no cause of action specifying the grounds of objection taken
674
Special demurrer specifying various grounds of objection belong ing to different classes
675
To complaint in common law action specifying wherein facts set forth are insufficient to constitute cause of action
677
Same to complaint in equitable action
678
Demurrer to one of several defences constituting defensive matter only
680
To defensive answer containing two separate defences
681
To counterclaim interposed in an action to recover rent
682
To a reply of setoff to a setoff in the answer
683
ranty of lands 411
685

Common terms and phrases

Popular passages

Page 444 - In pleading a private statute or a right derived therefrom, it shall be sufficient to refer to such statute by its title and the day of its passage, and the court shall thereupon take judicial notice thereof.
Page 563 - Touching the adventures and perils which we the assurers are contented to bear and do take upon us in this voyage: they are of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Page 336 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 14 - In all cases where a man has a temporal loss or damage by the wrong of another, he may have an action upon the case to be repaired in damages.
Page 167 - Whether the conveyance assailed was made with intent to hinder, delay and defraud the creditors of the...
Page 353 - ... that the same is true of his own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 463 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Page 72 - Know all men by these presents, that I, John McLoughlin, of Fort Vancouver, in the Territory of Oregon, for and in consideration of the sum of one dollar, to me in hand paid by...
Page 163 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Page 251 - ... have or claim to have some interest in or lien upon the said mortgaged premises or some part thereof which interest or lien if any has accrued subsequently to the lien of said mortgage, and is subject and subordinate thereto...

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