The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each Section, the Supplementary Act, and an Appendix Containing the Rules of All the Courts, with an Index to the WholeJ.S. Voorhies, 1851 - 394 страница |
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Страница 18
... amount of damages occasioned by a temporary injunction . Anon . 4 Pr . R. 80 . From an order setting aside a decree of divorce taken as confessed and allowing alimony . Carpenter v . Carpenter , 2 Code Rep . 83. 4 Pr . R. 139 . From a ...
... amount of damages occasioned by a temporary injunction . Anon . 4 Pr . R. 80 . From an order setting aside a decree of divorce taken as confessed and allowing alimony . Carpenter v . Carpenter , 2 Code Rep . 83. 4 Pr . R. 139 . From a ...
Страница 19
... amount due , after the referee's report of the amount due had been confirined . Swarthout v . Curtis , 3 Code Rep . 215. 5 Pr . R. 198 . § 12. [ 12. ] Power of court . - The court of appeals may reverse , affirm , or modify the judgment ...
... amount due , after the referee's report of the amount due had been confirined . Swarthout v . Curtis , 3 Code Rep . 215. 5 Pr . R. 198 . § 12. [ 12. ] Power of court . - The court of appeals may reverse , affirm , or modify the judgment ...
Страница 39
... amount claimed exceed one hundred dollars ; 7. An action on a judgment rendered in a court of a jus- tice of the peace , or of a justice's or other inferior court in a city where such action is not prohibited by section 71 ; 8. To take ...
... amount claimed exceed one hundred dollars ; 7. An action on a judgment rendered in a court of a jus- tice of the peace , or of a justice's or other inferior court in a city where such action is not prohibited by section 71 ; 8. To take ...
Страница 41
... amount . But a confession for the amount of a note , described so as to be capable of being identified , or for a sum to be ascertained by calculation , would pro- bably be good . Nicholls v . Hewitt , 4 Johns . R. 423 . The confession ...
... amount . But a confession for the amount of a note , described so as to be capable of being identified , or for a sum to be ascertained by calculation , would pro- bably be good . Nicholls v . Hewitt , 4 Johns . R. 423 . The confession ...
Страница 42
... amount of $ 250 , the justice must have dismissed the complaint . ( 10 Wend . 555 , 557. ) Note to subd . 5. - Executors and administrators may sue but cannot be sued in a justices ' court , and if they sue , the defendant may plead a ...
... amount of $ 250 , the justice must have dismissed the complaint . ( 10 Wend . 555 , 557. ) Note to subd . 5. - Executors and administrators may sue but cannot be sued in a justices ' court , and if they sue , the defendant may plead a ...
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adverse party affidavit alleged allowed amendment answer application appointed attachment attorney bail Barb brought cause of action change the place chapter city and county city of New-York claim clerk Code Rep commenced common law common pleas copy corporation costs county court county judge county of New-York court of appeals court of chancery court of common creditor damages decision deemed defendant defendant's demand demurrer denied effect entitled equity execution filed former practice granted held infant injunction interpleader judgment debtor jurisdiction jury justice justice's court matter ment motion ne exeat note to section notice obtained oyer and terminer Paige place of trial plaintiff pleading prescribed proceedings proper county prosecuted provisional remedy provisions real property recover referee reference remittitur residence revised statutes Sand served sheriff special term specified sufficient suit superior court supreme court sureties therein thereof tion undertaking unless verdict Wend witnesses words
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Страница 62 - Within the age of twenty-one years ; or 2. Insane ; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Страница 82 - 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 136 - When a corporation is a party, the verification may be made by any officer thereof...
Страница 73 - 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 142 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Страница 65 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
Страница 164 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Страница 142 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts conferring jurisdiction.
Страница 229 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Страница 80 - 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.