Book of forms, adapted to the code of procedure (Google eBook)

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Weed, Parsons and Co., printers, 1861 - Law - 273 pages
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Page 160 - ... that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment...
Page 222 - ... out of the personal property of the person against whom it was rendered, and the value of the property for which the judgment was rendered to be specified therein if a delivery thereof cannot be had; and if sufficient personal property cannot be found, then out of the real property, as provided in the first subdivision of this section.
Page 162 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Page 103 - ... annexed.] 3. That between the day of 18 , and the day of 18 the said EF, received money and other property, amounting to the value of rupees, for the use of the plaintiff, for which he has not accounted to him, and the same still remains due and unpaid.
Page 163 - ... a written undertaking, executed by two or more sufficient sureties, to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Page 128 - Gilroy, in his opposing affidavit, says that he has "no knowledge or information sufficient to form a belief whether John Sullivan is an honorably discharged soldier, having served as such in the Union army during the war of the Rebellion.
Page 71 - EF, who was the lawful owner of the said house, lawfully evicted the plaintiff therefrom, and still withholds the possession thereof from him.
Page 116 - The plaintiff prays judgment (1) that the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto : (2) that they be required to interplead together concerning their claims to the said property ; (3) that some person be authorized to receive the said property pending such litigation ; (4) that, upon delivering the same to such [person], the plaintiff be discharged from all liability to either of the defendants in relation thereto.
Page 87 - No. street], and had possession and control of the hatchway hereinafter mentioned. II. That on the said day the plaintiff was in the said [store or building], by permission of the defendant, for the purpose of transacting business with him [or in the discharge of his duties as state what]. III. That the hatchway on the [second] story of the said building was then by the negligence of the defendant, left open, and not in any manner protected. IV. That in consequence thereof the plaintiff fell...
Page 30 - No. , in the city of or, a farm known as , in or, a piece of land lying, etc.] 2. That the defendant promised to pay the plaintiff rupees for the said [house and compound, or farm, or land]. 3. That he has not paid the same. [Demand of judgment.] [NOTE.

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