Averment of Notice

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1.983 documents for Averment of Notice

- First Horizon Home Loans v. Sims, (Ohio 2010)
Summary Judgment; Affidavit Alleging Default: The trial court properly granted lender's motion for summary judgment on its complaint for judgment and foreclosure on a note and mortgage where the affidavit produced by lender stated that mortgagor was provided a written notice of default and mortgagor offered no evidence to counter lender's averment. Affidavit; Total Amount Due Lender: The affidavit provided by lender in support of its motion for summary judgment was not insufficient for failing to set forth the total amount due under the note and mortgage. Additional allowances due the lender for late fees, advances made for the payment of taxes, assessments, and insurance premiums, and expenses incurred for the enforcement of the note and mortgage continuously accrue through the dat...
- Ohio Supreme Court
- On removal jurisdiction's unanimous consent requirement.
... permit one defendant to pledge in the notice of removal that all the other defendants have cons... filed by one defendant containing an averment of the other, nonmoving defendant's consent was su...
- William and Mary Law Review
- Vol. 53 Nbr. 1, October 2011
- Lexington v. Butler, 81 U.S. 282, 14 Wall. 282 (1871)
... the bonds to Butler; and that Butler had notice of the proceedings aforesaid before said bonds wer...It was this averment of notice alone that rendered the plea good. . Th...
- U.S. Supreme Court

- U.S. v. Bucio, (10th Cir. 2010)
...Mr. Bucio filed a timely Notice of Appeal, and his appointed counsel, David A. Kel... by my attorney." "Notice of Negative-Averment of Plea Agreement" at 3, R. Vol. 1 at 222. The rec...
- Federal Circuits
- Nashua Savings Bank v. Anglo-American Land, Mortgage & Agency Co., 189 U.S. 221 (1903)
... the declaration, in that it contained no averment or allegation upon what conditions the plaintiff w... in that it contains no averment of notice of such assessment to defendant, or that defendant...
- U.S. Supreme Court
- Cent. Mtge. Co. v. Elia, (Ohio 2011)
summary judgment mortgage note affidavit personal knowledge standing material dispute

... At the very latest, the Elias received notice of the transfer when Central Mortgage filed its ...
- Ohio Supreme Court
- Young v. Bryan, 19 U.S. 146, 6 Wheat. 146 (1821)
... below had jurisdiction; and, (2.) whether notice of protest was necessary to charge the endorser in...; and the declaration should contain an averment of notice of protest. Slacum v. Pomery, 6 Cranch 2...
- U.S. Supreme Court
- Harrison v. Nixon, 34 U.S. 483, 9 Pet. 483 (1835)
... Aspden the testator: and who had no notice of the proceedings in the circuit court of Pennsyl... was submitted, that the bill contains no averment of the actual domicil of the testator, at the time...
- U.S. Supreme Court
- Bradstreet v. Thomas, 37 U.S. 59, 12 Pet. 59 (1838)
... on the character of the parties, the averment of character . [Page 37 U.S. 59, 60]. is not matt... proper averments to give jurisdiction, no notice was taken of the want of this averment in the coun...
- U.S. Supreme Court
- Princess Lida of Thurn and Taxis v. Thompson, 305 U.S. 456 (1939)
... had after advertisement and other forms of notice and is binding on all those anywise interested in ... 13 The petitioners lay stress on an averment in the answer filed in the Common Pleas Court to t...
- U.S. Supreme Court