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

George Van Santvoord

W.C. Little, 1858 - 702 σελίδες

Περιεχόμενα

• PART I: 1
• waste committed after decree of foreclosure and before sale: 12
• To restrain defendant from diverting watercourse alleging: 17
• The same by executors for injury done to testators premises: 18
• Libel in rem for towage service: 24
• Common law general issue and special pleas in bar: 35
• Answer under the Code in separate paragraphs: 41
• 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 charge the directors: 81
• 4 INSTRUCTIONS TO RESTRAIN COMMISSION OF WRONGFUL: 87
• To restrain defendant from turning the course of a creek upon: 96
• 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
• 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
• 12 In Cases of 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
• Supplemental complaint making additional party defendant: 352
• ON MONEY INSTRUMENTS NOT UNDER SECTION 162 OF: 359
• By assignee of claim against innkeeper for loss of money: 365
• 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 the 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
• 6 COMPLAINTS AGAINST PERSONS SEVERALLY LIABLE ON SAMB OBLIGATION OR INSTRUMENT SECTION 129 OF THE Code PAGE ...: 415
• Against the survivor and representatives of deceased maker of a joint and several sealed note alleging insolvency of sur vivor: 417
• Against two of three makers of a joint and several bond: 418
• Against all the parties on a written contract and guaranty executed simultaneously: 420
• 7 IN ACTIONS TO RECOVER ON Accounts OR CLAIMS FOR Goods SOLD WORK ETC UNDER SECTION 158 OF THE CODE AND GENERA...: 423
• Another form for goods sold and delivered: 425
• For labor and services price agreed on: 426
• For labor and services price not agreed on: 427
• For money lent: 428
• For money bad and received: 429
• For several items of work materials and money: 430
• For a general balance of account: 431
• For use and occupation no price agreed on: 432
• For a bill of goods items not set forth and demand assigned to plaintiff: 434
• The same items stated: 435
• For several claims of different kinds of money demands some of which accrued in different rights and are set forth in separate causes of action: 436
• IN CASES OF PLEADING A JUDGMENT PERFORMANCE OF Cox DITION PRECEDENT AND PRIVATE STATUTE Sections 161: 439
• On a justices judgment rendered more than five years before suit: 440
• 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
• For injury to person of plaintiff by carelessness and negligence: 478
• Against a physician for negligence and want of skill: 485
• 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 623: 526
• 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: 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 causes 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

Δημοφιλή αποσπάσματα

Σελίδα 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.

Σελίδα 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...

Σελίδα 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.

Σελίδα 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.

Σελίδα 167 - Whether the conveyance assailed was made with intent to hinder, delay and defraud the creditors of the...

Σελίδα 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.

Σελίδα 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.

Σελίδα 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...

Σελίδα 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...

Σελίδα 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...

Πληροφορίες βιβλιογραφίας

• Τίτλος: 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; The making of modern law
• Συγγραφέας: George Van Santvoord
• Εκδότης: W.C. Little, 1858
• Μέγεθος: 702 σελίδες