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 40
... served with the summons , within those cities respectively , or where one or more of several defendants , jointly liable on contract , reside , or are personally served with the summons , within those cities respectively ; except in the ...
... served with the summons , within those cities respectively , or where one or more of several defendants , jointly liable on contract , reside , or are personally served with the summons , within those cities respectively ; except in the ...
Страница 42
... served with a summons and complaint in an action in this court , such false statement having been made for that purpose , the court on motion set aside the service . Ib . Where in an action in the court of common pleas for the city and ...
... served with a summons and complaint in an action in this court , such false statement having been made for that purpose , the court on motion set aside the service . Ib . Where in an action in the court of common pleas for the city and ...
Страница 43
... served with the summons within those cities respectively ; " and where , before the amendment of 1852 , in an action in the supe- rior court against two defendants , one a resident and the other a non - resident of the city of New ...
... served with the summons within those cities respectively ; " and where , before the amendment of 1852 , in an action in the supe- rior court against two defendants , one a resident and the other a non - resident of the city of New ...
Страница 51
... served on the presiding officer , secretary , cashier , treasurer , or any director or trustee there- of , by whatever name such director or trustee may be called ; and although a justice has no jurisdiction of a suit against a foreign ...
... served on the presiding officer , secretary , cashier , treasurer , or any director or trustee there- of , by whatever name such director or trustee may be called ; and although a justice has no jurisdiction of a suit against a foreign ...
Страница 76
... served on him , or on a co - defendant , who is a joint contractor , or otherwise united in interest with him . An attempt to commence an action is deemed equivalent to the commencement thereof , within the meaning of this title , when ...
... served on him , or on a co - defendant , who is a joint contractor , or otherwise united in interest with him . An attempt to commence an action is deemed equivalent to the commencement thereof , within the meaning of this title , when ...
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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
Популарни одломци
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.