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 viii
... Summons , by whom served .. 134. Summons , how served and returned 135. Publication when defendant cannot be found ...... 165 165 170 1 130. Complaint need not be served with summons ; in such case what to be stated in summons . and pro ...
... Summons , by whom served .. 134. Summons , how served and returned 135. Publication when defendant cannot be found ...... 165 165 170 1 130. Complaint need not be served with summons ; in such case what to be stated in summons . and pro ...
Страница xiii
... summoned after judgment .. fend .. 725 724 376. If judgment debtor die . his represen- tatives may be summoned 380. Subsequent pleadings and proceed- ings same as in an action . 726 724 377. Form of summons . 725 381. Answer and reply ...
... summoned after judgment .. fend .. 725 724 376. If judgment debtor die . his represen- tatives may be summoned 380. Subsequent pleadings and proceed- ings same as in an action . 726 724 377. Form of summons . 725 381. Answer and reply ...
Страница 22
... summons by correcting the name of the defendant when he does not appear after service of the summons upon him . Hoffman v . Fish , 18 Abb . 76. Nor does it authorize a justice to order judgment against a plaintiff for a set - off or ...
... summons by correcting the name of the defendant when he does not appear after service of the summons upon him . Hoffman v . Fish , 18 Abb . 76. Nor does it authorize a justice to order judgment against a plaintiff for a set - off or ...
Страница 55
... summons requiring any witness whose deposition is necessary , to attend before a judge thereof and make such deposition , and obedience to such summons may be enforced as in case of a subpoena . Laws of 1840 , chap . 276 , § 3 . e ...
... summons requiring any witness whose deposition is necessary , to attend before a judge thereof and make such deposition , and obedience to such summons may be enforced as in case of a subpoena . Laws of 1840 , chap . 276 , § 3 . e ...
Страница 56
... summons in the city of New York , the court of common pleas exercises the same jurisdic- tion as the late court of chancery . Christy v . Libby , 5 Abb . N. S. 192 ; Aff'g S. C. 35 How . 119 , ( 122. ) See also Dubois v . Sands , 43 ...
... summons in the city of New York , the court of common pleas exercises the same jurisdic- tion as the late court of chancery . Christy v . Libby , 5 Abb . N. S. 192 ; Aff'g S. C. 35 How . 119 , ( 122. ) See also Dubois v . Sands , 43 ...
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Чести термини и фразе
16 Barb 21 Barb 9 Abb Aff'g S. C. affidavit alleged Am'd amended answer assignment attorney aver bail Bank Bosw Brown cause of action claim Code R. N. S. commenced common pleas complaint Comst contract corporation counterclaim damages debt defendant demand demurrer Denio Duer E. D. Smith ex rel facts fendant filed held Hilt indorsed Insurance issue Johns judge judgment jurisdiction jury justice Keyes Law and Pract matter Mayor ment motion N. Y. 2 Kern N. Y. 6 Smith N. Y. Leg order of arrest oyer and terminer party payment person plaint plaintiff pleading proceedings promissory note Railroad recover Rev'g S. C. S. C. 1 Code S. C. Aff'd S. C. Rev'd Sandf Seld sheriff special term statute statute of limitations sub nom subd sufficient suit summons supra supreme court thereof Tiff tion Trans trial Wait's Law Wend York
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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.