The New York Monthly Law Bulletin Volume 1

The New York Monthly Law Bulletin Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...circuit court, under the act of Congress, chap. 137, Laws 1875, where the petition states positively that the defendant was not a citizen of the State of New York, the question of citizenship cannot be determined upon t 'e motion for removal. This is a matter for the U. S. Circuit Court to consider. Barrett, J. Samuels vs. White et al., May, 187 9. REMOVAL or onus; TO U. s. COURTS. 112. The act of U. S. Congress, chap. 137 of the laws of 1875, relating to the removal of cause from a State to a U. S. court, has not repealed the provisions of the "Local Prejudice act." If there was any doubt upon that question before, it must be deemed to have been removed by the fact that the provisions of the last mentioned act are retained in the second edition of the Revised Statutes of the United States which was prepared under the act of Congress, passed March 2, 1877. Lawrence, J. Norton vs. The Am. Ring 00., April, 1879. ' REPLY T0 GOUNTERCLAIMB. 113. Where counterclaims are set up by the defendant, the plaintiff must treat them as a cause of action is ordinarily treated by an answer, the reply must be distinct and specific, so that the defendant and the court may clearly see what is con _M troverted. If the plaintiff does not do this the defendant's remedy is by motion, to compel the reply to be more definite and certain. Barrett, J. Risley vs. Uarll, April, 1879. SUPPLEMENTARY PRooEED1Nos--1A"rENr MAY BE REACHED BY. 114. Where a judgment debtor has an interest in a patent it may be reached by the usual proceedings supplementary to execution, the same as any other property. Barrett, J. Thorne vs. Thomas, April, 187 9. UNDERTAKING on Arraiu.'--rwo SURETIES REQUIRED. 115. Where an undertaking is given on appeal to more

Product details

  • Paperback | 38 pages
  • 189 x 246 x 2mm | 86g
  • United States
  • English
  • black & white illustrations
  • 1236762819
  • 9781236762818