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

Εξώφυλλο
W.C. Little, 1858 - 702 σελίδες
 

Τι λένε οι χρήστες - Σύνταξη κριτικής

Δεν εντοπίσαμε κριτικές στις συνήθεις τοποθεσίες.

Περιεχόμενα

On a policy of marine insurance in which performance of con
47
In an action by judgment creditors to set aside assignment
49
To dissolve copartnership or joint ownership in a freighting
51
2 IN CASES OF ACCIDENT
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 rge the directors
81
4 INSTRUCTIONS TO RESTRAIN COMMISSION OF WRONGFUL
87
To restrain unlawful use of trade marks praying an account
108
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
Prayer to complaint to restrain laying a railroad track in a city
135
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 judgment creditor to set aside assignment as fraudulent
171
By assignee of preferred creditor to recover of assignee
178
By infant devisee to carry trusts of a will into execution
190
8 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
10 IN CASES OF PARTITION
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
By attorneygeneral against company assuming to exercise cor
311
By a stockholder on behalf of himself and all other stock
318
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 audita querela praying that
345
PART III
354
On a bank check drawn by firm and endorsed to plaintiff
361
By a firm in which there is a dormant partner for goods sold
368
By bank in its corporate name on a promissory note against
371
By administratrix of person negligently killed against execu
377
By committee of lunatic on a demand against he survivor
389
By commissioners of highways under authority of statute
395
By general guardian of infant to recover back money paid
402
5 IN CASES WHERE PARTIES ARE NUMEROUS AND ONE OR MORE
408
Against first and third endorser of note
415
7 IN ACTIONS TO RECOVER ON ACCOUNTS OR CLAIMS FOR GOODS
423
For money had and received
429
The same items stated
435
For a penalty provided by statute
443
On a policy of fire insurance the demand after proof of loss
450
The same to carry goods by a particular route
457
For a libel
465
11 OTHER ACTIONS FOR WRONGS INCLUDING INJURIES to
472
separately
530
General denial of knowledge or information
531
Qualified general denia
532
Another form in an action to recover real property
533
Qualified general denial where several facts are admitted 586
534
Separate denial of two causes of action one absolute the other on information and belief
535
Specific denials
536
Specific and general denials with affirmative defence
537
Specific denials to a complaint in an equitable action
539
Counterstatement with general denial of allegations inconsistent therewith
543
Various forms of denial joined with counterstatements or ex planatory matter
544
Specific denials and affirmative matter set up in defence
546
2 ANSWERS IN ABATEMENT OF THE Action 13 Another action depending for same cause
547
Nonjoinder of party defendant
548
Nonjoinder of party plaintiff
549
3 MISCELLANEOUS DEFENSIVE ANSWERS 17 General denial statute of limitations payment and demand ex tinguished by judgment
550
That sale was a stockjobbing transaction and void
553
By common carrier denials with defence of inevitable acci dent
554
The same with defence of special contract whereby plaintiff assumed certain risks
557
The same separate answers to several cau of action in same complaint
559
In action on policy of insurance of boat setting up breach of warranty contained in policy
561
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 joined with denials in action for assault and bat
600
In Justices Court showing that title to land will come in ques
606
In libel facts in mitigation alone
612
To a complaint by vendee to recover back money paid vendor
618
fraudulent
622
In partition suit by one defendant as well for himself as
630
By other devisees having adverse interests in same case
636
Breach by plaintiff of contract in lease
642
Separate counterclaim pleaded by one of several defendants
649
Equitable counterclaim in action to recover possession of real
655
PART V
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 there is another action pending for same cause
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
By landlord to restrain waste and compel lessee to put premises
693
To restrain defendant from excavating his lands adjoining plain
699

Άλλες εκδόσεις - Προβολή όλων

Συχνά εμφανιζόμενοι όροι και φράσεις

Δημοφιλή αποσπάσματα

Σελίδα 446 - 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.
Σελίδα 565 - 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...
Σελίδα 338 - ... 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.
Σελίδα 16 - 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.
Σελίδα 169 - Whether the conveyance assailed was made with intent to hinder, delay and defraud the creditors of the...
Σελίδα 355 - ... 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.
Σελίδα 465 - 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.
Σελίδα 74 - 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...
Σελίδα 165 - ... except where such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant...
Σελίδα 253 - ... 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...

Πληροφορίες βιβλιογραφίας