First[-Fourth] Report of the Commissioners on Practice and Pleadings ...C. Van Benthuysen, public printer, 1848 |
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Резултати 1-5 од 88
Страница xv
... matters judicially no- 135. How to state an account ,. 152 ...... 152 153 153 136. To be liberally construed , . .... 154 137. Irrelevant and redundant matter to be stricken out , .. 138. Judgments , how to be pleaded , .... 154 ... 154 ...
... matters judicially no- 135. How to state an account ,. 152 ...... 152 153 153 136. To be liberally construed , . .... 154 137. Irrelevant and redundant matter to be stricken out , .. 138. Judgments , how to be pleaded , .... 154 ... 154 ...
Страница 14
... ( Matter of Negus , 10 Wend . 24 , ) that a writ of error did not . lie , upon the refusal of the supreme court to set aside the deci- sion of trustees under the statute relative to absconding debtors , upon an allegation of error in ...
... ( Matter of Negus , 10 Wend . 24 , ) that a writ of error did not . lie , upon the refusal of the supreme court to set aside the deci- sion of trustees under the statute relative to absconding debtors , upon an allegation of error in ...
Страница 17
... matters out of the record , usually denominated errors in fact . But , in the organi- zation of this court , it was evidently the intention of the fra- mers of the constitution , that it should be strictly an appellate court , for the ...
... matters out of the record , usually denominated errors in fact . But , in the organi- zation of this court , it was evidently the intention of the fra- mers of the constitution , that it should be strictly an appellate court , for the ...
Страница 19
... matter , involving a substantial right , is made the real , as it should be the only test . While , however , it is proposed to cut off an appeal from interlocutory orders , and thus to obviate the embarrassments which have heretofore ...
... matter , involving a substantial right , is made the real , as it should be the only test . While , however , it is proposed to cut off an appeal from interlocutory orders , and thus to obviate the embarrassments which have heretofore ...
Страница 20
... matter of course . Participating , as we do , with the legal profession , and with the community at large , in a desire that this most important court should not be unneces- sarily burdened , and foreseeing , as we do , that such must ...
... matter of course . Participating , as we do , with the legal profession , and with the community at large , in a desire that this most important court should not be unneces- sarily burdened , and foreseeing , as we do , that such must ...
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Чести термини и фразе
adverse party affidavit Albany allegation Amend answer application arrest attorney bail cause of action chancery CHAPTER city and county city of New-York civil actions clerk commenced Commissioners common law common pleas complaint constitution copy costs county courts county judge county of New-York court of appeals court of chancery court of common court of sessions courts of equity courts of oyer criminal deemed defendant dollars duty examination execution existing filed forms of action grand jury indictment judgment debtor judicial jurisdiction jurors justice legislature manner ment mode necessary notice offence officer oyer and terminer plaintiff pleading practice prescribed present proceedings proposed prosecution provisional remedies provisions question read as follows real property recovery reference remedy rendered respect Revised Statutes rule served sheriff special terms suit summons superior court supreme court therein thereof tion trial by jury witness writ
Популарни одломци
Страница 194 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Страница 187 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Страница 127 - No action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Страница 160 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Страница 127 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Страница 194 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Страница 128 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Страница 112 - If a person entitled to bring an action mentioned in the Exceptions, last chapter, except for a penalty or forfeiture, or against a Sheriff or other officer, for an escape, be at the time the cause of action accrued, either, 1. Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge; or, in execution under the sentence of a- criminal Court, for a term less than his natural life; the time of such disability is not a part of the time limited for the commencement of...
Страница 127 - In case of any other transfer of interest, the action shall be continued in the name of the original party, or the Court may allow the person to whom the transfer is made to be substituted in the action.