Practice in the Supreme Court of the State of New York : in Common Law Actions Upon Contracts, With Upwards of Two Hundred Practical Forms; the Rules As Revised, 1858; And An Appendix Containing the Amendments to the Code, 1859
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In our eReader you can find the full English version of the book. Read Practice in the Supreme Court of the State of New York : in Common Law Actions Upon Contracts, With Upwards of Two Hundred Practical Forms; the Rules As Revised, 1858; And An Appendix Containing the Amendments to the Code, 1859 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Practice in the Supreme Court of the State of New York : in Common Law Actions Upon Contracts, With Upwards of Two Hundred Practical Forms; the Rules As Revised, 1858; And An Appendix Containing the Amendments to the Code, 1859
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To quickly assess the difficulty of the text, read a short excerpt:
Hicks, 12 Pr. E., 155 ; Mafquise V. Brigham, 12 Id., 400.
OHAPTBE II.
OF THE ANSWER.
We have seen, in the last chapter, to what particular defects a demurrer to a complaint has been limited by the Code. It re- mains to consic^er in what cases an answer (that being the only way in which the defendant can set up a defense where a demur- rer is not allowed,) is appropriate and what it must contain.
The answer may be to a part .or the whole of the complaint, and the defendant may leave one or more ...counts of the complaint entirely unanswered, and in such case, or in case the claim in such counts is admitted, the Court, on motion, may order the de- fendant to satisfy the amount of the claim so unanswered, and may enforce the order in the same manner as a judgment or pro- visional remedy is enforced, and then the suit will proceed in the same manner as if the unanswered part of the complaint was stricken out. Code, § 244.
When the answer, however, does not leave any count of the complaint Mdthout denying some material allegation which the plaintiff would be required to prove to entitle him to recover upon the count, issue is said to be taken upon the whole complaint, as it is not necessary to deny every allegation in- order to form an issue upon a cause of action, but the defendant may select, if his defense be a simple denial, the allegation upon the denial of which he will rely for his defense, and by denying that put the whole complaint in issue, if it contain but a single cause of action.
What to read after Practice in the Supreme Court of the State of New York : in Common Law Actions Upon Contracts, With Upwards of Two Hundred Practical Forms; the Rules As Revised, 1858; And An Appendix Containing the Amendments to the Code, 1859?
You can find similar books in the "Read Also" column, or choose other free books by Holmes, Jacob to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Hicks, 12 Pr. E., 155 ; Mafquise V. Brigham, 12 Id., 400.
OHAPTBE II.
OF THE ANSWER.
We have seen, in the last chapter, to what particular defects a demurrer to a complaint has been limited by the Code. It re- mains to consic^er in what cases an answer (that being the only way in which the defendant can set up a defense where a demur- rer is not allowed,) is appropriate and what it must contain.
The answer may be to a part .or the whole of the complaint, and the defendant may leave one or more ...counts of the complaint entirely unanswered, and in such case, or in case the claim in such counts is admitted, the Court, on motion, may order the de- fendant to satisfy the amount of the claim so unanswered, and may enforce the order in the same manner as a judgment or pro- visional remedy is enforced, and then the suit will proceed in the same manner as if the unanswered part of the complaint was stricken out. Code, § 244.
When the answer, however, does not leave any count of the complaint Mdthout denying some material allegation which the plaintiff would be required to prove to entitle him to recover upon the count, issue is said to be taken upon the whole complaint, as it is not necessary to deny every allegation in- order to form an issue upon a cause of action, but the defendant may select, if his defense be a simple denial, the allegation upon the denial of which he will rely for his defense, and by denying that put the whole complaint in issue, if it contain but a single cause of action.
What to read after Practice in the Supreme Court of the State of New York : in Common Law Actions Upon Contracts, With Upwards of Two Hundred Practical Forms; the Rules As Revised, 1858; And An Appendix Containing the Amendments to the Code, 1859?
You can find similar books in the "Read Also" column, or choose other free books by Holmes, Jacob to read onlineMoreLess
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