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" ... state that there is due to him thereon from the adverse party a specified sum, which he claims to recover or set off. "
Laws of the State of New York - Seite 312
von New York (State) - 1879
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...defence, founded upon an account or an instrument for the payment of money only, it shall be sufficient for a party to deliver the account or instrument to...specified sum, which he claims to recover or set off. 13. A variance between the proof on the trial, and the allegations in a pleading, shall be disregarded...
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The Code of Civil Procedure of the State of New York: Reported ..., Band 2

New York (State). - 1850 - 920 Seiten
...counter-claim arises upon an account or instrument lor the payment of money only, it is sufficient for the party to deliver the account or instrument to the...specified sum, which he claims to recover or set off. The court may at the time of the pleading, require that such writing or account be exhibited to the...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 Seiten
...for the payment of money only, it shall be sufficient for a party to give a copy of the instrument, and to state that there is due to him thereon from...the adverse party a specified sum which he claims. fc 163. In pleading a private statute, or a right derived Privme ' slalutM, therefrom, it shall be...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 Seiten
...payment of money on'y, it shall be sufficient for a party to give a copy of the instrument, and to stale that there is due to him thereon from the adverse party a specified sum which he claims. The amendment consists of the addition of the words in italic. §163. [140.] Private statutes, how...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 Seiten
...shall be suf- tiou on ac* ficient for a party to deliver the account or instrument to for'"™.6"' the court, and to state, that there is due to him thereon moneyf from the adverse party a specified sum, which he claims to recover or set off. 10. A variance...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 Seiten
...defence founded upon an account or instrument for the payment of money only, it shall be sufficient for a party to deliver the account or instrument to...specified sum, which he claims to recover or set off. 10. A variance between the proof on the trial, and the allegations in a pleading, sitali be disregarded...
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Reports of Decisions on the Code of Procedure, New Series, Band 1

1852 - 446 Seiten
...for the payment of money only, it shall be sufficient for a party to give a copy of the instrument and to state that there is due to him thereon from...the adverse party a specified sum which he claims. The action is on a promissory note of which the plaintiffs have set out a copy in the complaint, and...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 Seiten
...for the payment of money only, it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon from...the adverse party a specified sum which he claims. The whole of the last section is new, and it seems obvious that this provision must be construed with...
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Practice Reports in the Supreme Court and Court of Appeals, Band 6

Nathan Howard (Jr.) - 1852 - 546 Seiten
...• the payment of money only, it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon from...the adverse party a specified sum, which he claims." If it is intended by this to dispense with a statement of facts constituting the cause of action, or...
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Practice Reports in the Supreme Court and Court of Appeals, Band 8

Nathan Howard (Jr.) - 1853 - 594 Seiten
...for the payment of money only, it shall be sufficient for the party to give a copy of the instrument, and to state that there is due to him thereon from the adverse party a specified suui which he claims." Without the aid of this provision, 1 suppose no one would contend that the complaint...
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