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

• PRECEDENTS OF PLEADING BEFORE THE CODE IN EQUITY: 1
• 2 IN CASES OF ACCIDENT: 2
• 6 COMPLAINTS AGAINST PERSONS SEVERALLY LIABLE ON SAME: 6
• Against a bank by the name of its president for refusal to: 12
• To restrain defendant from diverting watercourse alleging: 17
• in grading a street: 18
• Libel in rem for towage service: 24
• PART II: 46
• 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
• a conveyance which he had omitted by accident to: 62
• By widow against heir for dower asking a discovery of the real: 65
• Against vendor who has received part of purchase money: 69
• Against railroad company for performance of covenants to con: 78
• By creditor of insolvent corporation to charge the directors: 81
• 4 INSTRUCTIONS TO RESTRAIN COMMISSION OF WRONGFUL: 87
• estate and an account of rents and profits: 89
• To restrain unlawful use of trade marks praying an account: 108
• To restrain foreclosure sale and declare mortgage not a lien: 114
• 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
• sufficient to pay all the preferred creditors: 178
• By infant devisee to carry trusts of a will into execution: 190
• 8 WILLS: 196
• Same praying necessary directions for administration: 208
• Case for construction of will without action under section 372: 216
• By administratrix of deceased partner against surviving part: 223
• 10 In Cases of Partition: 233
• 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
• To charge the separate property of a married woman for: 291
• To compel husband and wife to execute a lien on the wifes: 298
• By sheriff against auctioneer storing goods and claiming a lien: 305
• porate powers: 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
• COMPLAINTS BY PERSONS EXPRESSLY AUTHORIZED BY STATUTE: 369
• time 876: 376
• 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
• Against first and third endorser of note: 415
• 7 IN ACTIONS TO RECOVER ON ACCOUNTS OR CLAIMS FOR GOODS: 423
• For money bad and received 4929: 429
• The same items stated: 436
• 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
• The same alleging incompetency of engineer to the knowledge: 509
• For damages caused by raising embankment between high: 516
• The same uniting several causes of action against the company 623: 526
• PART IV: 530
• Absolute general denial by one of two defendants answering 2 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: 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
• Arbitration and award: 571
• 1st That neglect was that of: 577
• By railroad company justification for putting passenger out: 585
• Justifying entering a public street by railroad company under: 591
• Justification in an action for false imprisonment: 598
• To complaint for converting personal property: 604
• The same justification and mitigating circumstances: 610
• 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
• Rent due pleaded as counterclaim 641 59 Rent due pleaded as counterclaim: 642
• Separate counterclaim pleaded by one of several defendants: 649
• be reformed: 655
• REPLIES AND DEMURRERS: 661
• To separate counterclaim set up by landlord admitted: 667
• That complaint does not state facts sufficient to constitute: 673
• Demurrer to one of several defences constituting defensive: 680
• By landlord to restrain waste and compel lessee to put premises: 693
• To restrain defendant from excavating his lands adjoining plain: 699

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

• 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