Reports of Practice Cases Determined in the Courts of the State of New York Vo
Reports of Practice Cases Determined in the Courts of the State of New York Vo
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If illegal testimony be received, and may have had weight with the jury, on a material point, the court has no dis- cretion to refuse a new trial. (Weeks a. Lowerre, 8 JBarb. , 530 ; Main a. Eagle, 1 K D. Smith, 619. ) Niles & Bagley, for the respondent. I. The matter set up in the answer does not constitute any defence. No claim is made against King ; he, therefore, can have no counter-claim of which he can avail himself. The parties have no cross- demands, one of which may cancel the other. (...Van Yalen a. Lapham, 13 How. Pr. , 240 ; Spencer a. Babcock, 22 Barb. , 326. ) II. The right of the plaintiff to claim, and the right of the defendant to counter-claim, must be reciprocal. (Xenia Branch Bank a. Lee, 2 osw. , 694 ; S. C. , 7 Abbotts' Pr. , 372. ) III. The action to foreclose a mortgage is not an action on contract, within the meaning of that section of the Code refer- ring to counter-claims.
IY. If King can set up a counter-claim, so can twenty other defendants who may have some interest in the property, or the surplus, or some liability on account of the mortgage.
What to read after Reports of Practice Cases Determined in the Courts of the State of New York Vo?
You can find similar books in the "Read Also" column, or choose other free books by Abbott, Austin, 1831-1896 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
If illegal testimony be received, and may have had weight with the jury, on a material point, the court has no dis- cretion to refuse a new trial. (Weeks a. Lowerre, 8 JBarb. , 530 ; Main a. Eagle, 1 K D. Smith, 619. ) Niles & Bagley, for the respondent. I. The matter set up in the answer does not constitute any defence. No claim is made against King ; he, therefore, can have no counter-claim of which he can avail himself. The parties have no cross- demands, one of which may cancel the other. (...Van Yalen a. Lapham, 13 How. Pr. , 240 ; Spencer a. Babcock, 22 Barb. , 326. ) II. The right of the plaintiff to claim, and the right of the defendant to counter-claim, must be reciprocal. (Xenia Branch Bank a. Lee, 2 osw. , 694 ; S. C. , 7 Abbotts' Pr. , 372. ) III. The action to foreclose a mortgage is not an action on contract, within the meaning of that section of the Code refer- ring to counter-claims.
IY. If King can set up a counter-claim, so can twenty other defendants who may have some interest in the property, or the surplus, or some liability on account of the mortgage.
What to read after Reports of Practice Cases Determined in the Courts of the State of New York Vo?
You can find similar books in the "Read Also" column, or choose other free books by Abbott, Austin, 1831-1896 to read onlineMoreLess
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