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 40
... leaving out the words " given by statute " at the end of subdivision 3 , and the addition of subdivision 9 printed in ... leave of the court first obtained . Mills v . Winslow , 3 Code Rep . 44. [ see , note to section 71. post . ] Note ...
... leaving out the words " given by statute " at the end of subdivision 3 , and the addition of subdivision 9 printed in ... leave of the court first obtained . Mills v . Winslow , 3 Code Rep . 44. [ see , note to section 71. post . ] Note ...
Страница 43
... leave to admit service of the summons and complaint , and to stay plaintiff's proceedings on the undertaking ; held , that the court had no power to grant such re- lief . There was no action pending until the service of the summons ...
... leave to admit service of the summons and complaint , and to stay plaintiff's proceedings on the undertaking ; held , that the court had no power to grant such re- lief . There was no action pending until the service of the summons ...
Страница 45
... leave of the court ? In Wendell v . Mitchell , 5 Pr . R. 424 , Hand , J. , says a party may put his pleadings below in proper form after removal , or however inartificially drawn , the court may treat them as in proper form , but they ...
... leave of the court ? In Wendell v . Mitchell , 5 Pr . R. 424 , Hand , J. , says a party may put his pleadings below in proper form after removal , or however inartificially drawn , the court may treat them as in proper form , but they ...
Страница 57
... leave of the court for good cause shown , on notice to the adverse party ; and no action on a judgment rendered by a justice of the peace , shall be brought in the same county within five years after its rendition , except in case of ...
... leave of the court for good cause shown , on notice to the adverse party ; and no action on a judgment rendered by a justice of the peace , shall be brought in the same county within five years after its rendition , except in case of ...
Страница 70
... leave suitors very much at liberty to choose whom to make defendants and whom to join as plaintiffs . . . . . . This will save the plaintiff from the hazard now encountered of bringing in too many parties except that of paying costs ...
... leave suitors very much at liberty to choose whom to make defendants and whom to join as plaintiffs . . . . . . This will save the plaintiff from the hazard now encountered of bringing in too many parties except that of paying costs ...
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adverse party affidavit alleged allowed amendment answer application appointed attachment attorney bail Barb bill of exceptions brought cause of action chancery change the place chapter circuit city of New-York claim clerk Code Rep commenced common law common pleas copy 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 demurrer denied effect entered entitled equity examination execution filed granted guardian held infant injunction issue of law judgment debtor jurisdiction jury justice matter ment mortgage motion ne exeat note to section notice obtained oyer and terminer Paige place of trial plaintiff pleading prescribed proceedings proper county provisional remedy provisions real property recover referee reference residence revised statutes Sand served sheriff special term specified sufficient suit superior court supreme court sureties therein thereof tion undertaking unless Wend witness
Популарни одломци
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.