The Code of Procedure of the State of New York: As Amended April 16, 1852, with Copious Notes and References and an Appendix Containing the Recent Ruls of the Court of Appeals, Supreme Court, EtcJohn S. Voorhies, 1852 - 590 страница |
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Страница 23
... decision is reported upon it , and that is Moore v . Westervelt , 1 Code Rep . N. S. , 415. As to the muni- cipal court of the city of Brooklyn ( " the city court of Brooklyn " ) , see Laws of 1849 , p . 171 , s . 6. Laws of 1850 , p ...
... decision is reported upon it , and that is Moore v . Westervelt , 1 Code Rep . N. S. , 415. As to the muni- cipal court of the city of Brooklyn ( " the city court of Brooklyn " ) , see Laws of 1849 , p . 171 , s . 6. Laws of 1850 , p ...
Страница 24
... decision of the supreme court , granting a new trial on a bill of exceptions was taken under the judiciary act before the code went into effect , it was held that the court had authority to decide such ap- peal after the code took ...
... decision of the supreme court , granting a new trial on a bill of exceptions was taken under the judiciary act before the code went into effect , it was held that the court had authority to decide such ap- peal after the code took ...
Страница 25
... decision on a motion to set aside a judgment or decree , either for ir regu- larity or as matter of favor . Sherman v . Felt . 3 Pr . R. , 425 . To review a judgment upon a report of referees , upon a case containing merely the evidence ...
... decision on a motion to set aside a judgment or decree , either for ir regu- larity or as matter of favor . Sherman v . Felt . 3 Pr . R. , 425 . To review a judgment upon a report of referees , upon a case containing merely the evidence ...
Страница 26
... decision seems to overrule Hyland v . Loomis , 3 Pra . R. , 223. ) The court cannot review the decision of referees , or the judgment of a subordi- nate court for an error of fact merely , however clearly the decision may be against the ...
... decision seems to overrule Hyland v . Loomis , 3 Pra . R. , 223. ) The court cannot review the decision of referees , or the judgment of a subordi- nate court for an error of fact merely , however clearly the decision may be against the ...
Страница 33
... decisions at the general term are the only final determination of the supreme court , while those of the special term ... decision was not appealed from . " The sixteenth section of the judiciary act gives to the supreme court the same ...
... decisions at the general term are the only final determination of the supreme court , while those of the special term ... decision was not appealed from . " The sixteenth section of the judiciary act gives to the supreme court the same ...
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adverse party affidavit alleged allowed amendment of 1851 amount answer apply appointed assignment attachment attorney bail Barb brought calendar cause of action chancery circuit court claim clerk Code Rep commenced common law common pleas complaint copy costs county court court of appeals court of chancery court of common creditor damages decision defendant defendant's demurrer denied effect entitled equity examination execution Existing suits filed granted held injunction judgment debtor jurisdiction jury justice justice's matter ment motion necessary note to section notice obtained oyer and terminer Paige payment pending person place of trial plaintiff pleading practice prescribed proceedings provisional remedy provisions question real property recover referee reference rendered residence revised statutes Sand served sheriff special term specified subdivision sufficient summons superior court supreme court supreme court rules sureties thereof tion undertaking unless verdict Wend witness words
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Страница 193 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Страница 92 - 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 162 - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Страница 83 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Страница 63 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Страница 94 - 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.
Страница 194 - 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 119 - State, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4.
Страница 287 - 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 207 - ... county judge, at a specified time and place ; the time to be not less than five nor more than ten days thereafter.