The Code of Procedure of the State of New York: As Amended to 1871, with Notes on Practice, Pleadings and Evidence; Rules of the Courts, Fully Annotated; a Complete Table of Cases, and a Full IndexW. Gould & Sons, 1871 - 975 страница |
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Страница 42
... CAUSES TO THE U. S. CIRCUIT COURT . a . Removal . - Causes may be removed from the state courts to the U. S. circuit court in case , 1st , an action is brought against an alien ; or , 2d , where a citizen of one state begins an action ...
... CAUSES TO THE U. S. CIRCUIT COURT . a . Removal . - Causes may be removed from the state courts to the U. S. circuit court in case , 1st , an action is brought against an alien ; or , 2d , where a citizen of one state begins an action ...
Страница 76
... cause of action only on which he relied before the justice ; and the answer of the defendant shall set up the same defense only which he made before the justice . I. SAME CAUSE OF ACTION . a . Pleadings . - When a new action is brought ...
... cause of action only on which he relied before the justice ; and the answer of the defendant shall set up the same defense only which he made before the justice . I. SAME CAUSE OF ACTION . a . Pleadings . - When a new action is brought ...
Страница 77
... causes of action , and answer of title as to one . If , in an action before a justice , the plaintiff have several causes of action , to one of which the defense of title to real property shall be interposed , and as to such cause , the ...
... causes of action , and answer of title as to one . If , in an action before a justice , the plaintiff have several causes of action , to one of which the defense of title to real property shall be interposed , and as to such cause , the ...
Страница 79
... Cause of action . - It is not necessary that the complaint should correspond literally with the summons in setting forth the cause of action . Thus where the summons was to answer in a " civil action for damage and false representation ...
... Cause of action . - It is not necessary that the complaint should correspond literally with the summons in setting forth the cause of action . Thus where the summons was to answer in a " civil action for damage and false representation ...
Страница 95
... action has already accrued ; but the statutes now in force shall be applicable to such cases , according to the ... cause of action does not accrue within the statute of limitations . Van Nest v . Lott , 16 Abb . 130 . See Van Tassel v ...
... action has already accrued ; but the statutes now in force shall be applicable to such cases , according to the ... cause of action does not accrue within the statute of limitations . Van Nest v . Lott , 16 Abb . 130 . See Van Tassel v ...
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12 Barb 28 Barb 31 Barb 9 Abb Aff'g S. C. affidavit alleged Am'd amended answer application assignment attachment attorney aver bail Bank Bosw cause of action claim Code R. N. S. commenced complaint contract corporation counterclaim creditors damages debt debtor defendant demand demurrer Duer E. D. Smith ex rel facts fendant filed granted held Hilt injunction Insurance Insurance Co issue judge judgment jurisdiction jury justice Keyes matter Mayor ment motion N. Y. 3 Kern N. Y. 6 Smith N. Y. Leg notice nunc pro tunc order of arrest Paige party person plaint plaintiff pleading proceedings promissory note Railroad recover Rev'g S. C. S. C. 1 Code S. C. 4 Abb S. C. Aff'd Sandf Seld sheriff statute sub nom subd sufficient suit summons supra supreme court sureties thereof Tiff tion Trans trial verdict Wend York York Central Railroad
Популарни одломци
Страница 325 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Страница 378 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Страница 123 - 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 264 - 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.
Страница 467 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Страница 139 - 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 177 - When publication is ordered, personal service of a copy of the summons and complaint out of the state...
Страница 141 - 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 153 - The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper county ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Страница 377 - ... forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody.