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9 Abb adverse party affidavit allegations allowed American Exchange Bank answer application appointed attachment attorney averment Bank Barb Bosw cause of action claim clerk Code R. N. S. common law complaint contract copy corporation counter-claim court of equity creditor damages debt debtor defect defendant demand demurrer denial denied deposition discovery Duer E. D. Smith entitled equity evidence examination execution facts file security granted Hudson River injunction issue judge judgment liable matter ment N. Y. Leg necessary Notice of motion obtain officer Paige papers payment person plaintiff possession proceedings provisional remedy receiver relief remedy restrain Revised Statutes rule S. C. affirmed Sandf Section security for costs served sheriff show cause Signature special term specified stay of proceedings sufficient suit summons supreme court sureties tender therein Tiff tion Title of cause trial verified Wend witness York
Page 413 - The answer of the defendant must contain : "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Page 505 - The court may, either before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Page 543 - ... that the same is true of his own knowledge except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Page 565 - Action may plead the General Issue and give the special Matter in Evidence...
Page 474 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Page 325 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Page 659 - A clergyman or priest cannot, without the consent of the person making the confession, be examined as to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs.
Page 211 - ... 5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; 6.
Page 22 - All that the law requires of the party by or over whose land a stream passes is, that he should use the water in a reasonable manner, and so as not to destroy or render useless, or materially diminish or affect the application of the water by the proprietors above or below on the stream.