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admitted affirmed the judgment agreement allegation that defendant allege that plaintiff amended complaint amount answer assignment assumpsit averment bill of particulars bond breach cause of action claim Code Civ common law complaint alleged contract corporation costs count counterclaim Court of Appeals court of equity damages defect defendant's delivered demand demurrer denial denied duly entitled equitable evidence facts foreclosure fraud ground indorser injury interest issue jurisdiction jury liability lien matter ment misjoinder mortgage motion N. E. Rep N. Y. Supp negligence objection Oceanic Steam Nav owner paid party Patrick Larkin payment performance person plaint plea pleading promise promissory note proof prove question recover recovery refused relief rule Special Term specified statement statute Statute of Frauds sued sufficient suit Supreme Court sustained thereof tion trial York Court York Supreme Court
Page 181 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 21 - every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section Erickson agt. Compton. 113, &c. By section 113, "An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 248 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 212 - Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section.
Page 405 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 359 - By a resident of this State, for any cause of action. 2. By a plaintiff not a resident of this State, when the cause of action shall have arisen, or the subject of the action shall be situated, within this State.
Page 153 - Where, however, the allegation to which the proof is directed, is unproved, not in some particular or particulars only, but in its entire scope and meaning, it is not a case of variance, within the last two sections, but a failure of proof.
Page 348 - The county court shall have, such jurisdiction in cases arising in justices courts, and in special cases, as the Legislature may prescribe ; but shall have no original civil jurisdiction, except in such special cases.
Page 351 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.