The Code of Procedure of the State of New York, as Amended to 1870: With Notes on Pleading and Practice, Rules of the Courts, and a Full IndexBaker, Voorhis & Company, 1870 - 861 страница |
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Страница xi
... Assignment of thing in action 95 113. Actions by executor , trustee , & c . 97 114. Actions by and against married women 100 115. Infants , actions by and against . 101 116. Guardians , how appointed 101 117. Who may be plaintiffs . 103 ...
... Assignment of thing in action 95 113. Actions by executor , trustee , & c . 97 114. Actions by and against married women 100 115. Infants , actions by and against . 101 116. Guardians , how appointed 101 117. Who may be plaintiffs . 103 ...
Страница 21
... assignment had been made . The manner of removal is by filing , at the time of entering an appearance in the State court , a petition and bond on behalf of the petitioner to enter process at the next term of the circuit court ( 1 U. S. ...
... assignment had been made . The manner of removal is by filing , at the time of entering an appearance in the State court , a petition and bond on behalf of the petitioner to enter process at the next term of the circuit court ( 1 U. S. ...
Страница 49
... assignment of error in fact ( Tiffany v . Gilbert , 4 Barb . 320 ) , and the same rule applies to a non - resident defendant sued by a long summons ( Willing v . Wheeler , 28 Barb . 669 ; and see Buck v . Waterbury , 13 Barb . 116 ...
... assignment of error in fact ( Tiffany v . Gilbert , 4 Barb . 320 ) , and the same rule applies to a non - resident defendant sued by a long summons ( Willing v . Wheeler , 28 Barb . 669 ; and see Buck v . Waterbury , 13 Barb . 116 ...
Страница 88
... Assignment of thing in action . 113. Actions by executor , trustee , & c . 114. Action by and against married women . 115. Infants , actions by and against . 116. Guardian , how appointed . 117. Who may be plaintiffs . 118. Who may be ...
... Assignment of thing in action . 113. Actions by executor , trustee , & c . 114. Action by and against married women . 115. Infants , actions by and against . 116. Guardian , how appointed . 117. Who may be plaintiffs . 118. Who may be ...
Страница 90
... assignment of the mortgage alone is a nullity ( Cooper v . Newland , 17 Abb . 342 ; Merritt v . Bartholick , 34 How . 129 ) . As to transfer of a demand for which a note has been given ( Armstrong v . Cushney , 43 Barb . 340 ) . b ...
... assignment of the mortgage alone is a nullity ( Cooper v . Newland , 17 Abb . 342 ; Merritt v . Bartholick , 34 How . 129 ) . As to transfer of a demand for which a note has been given ( Armstrong v . Cushney , 43 Barb . 340 ) . b ...
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Чести термини и фразе
15 Barb 28 Barb 9 Abb adverse possession affidavit alleged allowed Am'd amend amount answer apply appointed assignment attachment attorney averment bail Bank bond Bosw cause of action claim Code Rep commenced complaint contract copy corporation costs counter-claim court of appeals creditor damages debt defendant defendant's demand demurrer Denio Duer E. D. Smith entitled execution executor facts fendant filed granted held Hill Hilton indorsed injunction issue Johns judge judgment debtor jurisdiction jury justice Keyes liable Mayor of N. Y. ment motion necessary notice nunc pro tunc order of arrest Paige party payment pending personal property place of trial plaintiff pleading proceedings promissory note real property receiver recover reference refused resident Sand security for costs served sheriff special term statute sued sufficient suit summons supreme court sureties thereof tion unless verdict Wend witness York
Популарни одломци
Страница 114 - 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 264 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party...
Страница 762 - Justices of the Peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term they shall hold for the residue of the unexpired term.
Страница 85 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Страница 219 - Procedure provides that the answer of the defendant shall contain (2) a statement of any new matter constituting a defense or counterclaim. Section 438 thereof provides that — "The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action...
Страница 309 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Страница 594 - The defendant may, at any time before the trial or verdict, serve upon the plaintiff, an offer in writing to allow judgment to be taken against him, for the sum or property, or to the effect therein specified, with costs.
Страница 109 - An action does not 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 759 - Judges of the court of appeals, and justices of the supreme court, may be removed by concurrent resolution of both houses of the legislature, if two-thirds of all the members elected to each house concur therein.
Страница 87 - . íío acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby ; but this section shall not alter the effect of any payment of principal or interest.