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 12
... Definition of an action . 3. Definition of a special proceeding . 4 . 5 . 6 . 7 . 8 . Division of actions . Definition of a criminal action . Definition of a civil action . Civil and criminal remedies , not merged . Division of act . 1 ...
... Definition of an action . 3. Definition of a special proceeding . 4 . 5 . 6 . 7 . 8 . Division of actions . Definition of a criminal action . Definition of a civil action . Civil and criminal remedies , not merged . Division of act . 1 ...
Страница 13
... definition . Quick v . Keeler , 2 Sandf . S. C. R. 231 - but in Dunham v . Nicholson , 2 Sandf . S. C. R .. 636 ... Special proceeding . - Every other remedy is a special proceeding . The proceeding supplementary to an execution is ...
... definition . Quick v . Keeler , 2 Sandf . S. C. R. 231 - but in Dunham v . Nicholson , 2 Sandf . S. C. R .. 636 ... Special proceeding . - Every other remedy is a special proceeding . The proceeding supplementary to an execution is ...
Страница 16
... Terms . Preference of causes . 14. Judgment , how given . 15. Sheriffs to provide ... term by the supreme court , or by the superior court of the city of New ... special proceeding , or upon a summary application in an action , after ...
... Terms . Preference of causes . 14. Judgment , how given . 15. Sheriffs to provide ... term by the supreme court , or by the superior court of the city of New ... special proceeding , or upon a summary application in an action , after ...
Страница 17
... special verdict , presenting questions of law . So held , where there was a trial before a justice , without a jury , and a case made , upon which the general term denied a new trial , which was incorporated in the record , and appealed ...
... special verdict , presenting questions of law . So held , where there was a trial before a justice , without a jury , and a case made , upon which the general term denied a new trial , which was incorporated in the record , and appealed ...
Страница 18
... special term , where the order made at special term is such as would not be reviewed by this court on appeal if confirmed by the general term . Marvin v . Seymour , 1 Code Rep . 111,3 Pr . R. 340. 1 Coms . 535 . Thus , where a motion ...
... special term , where the order made at special term is such as would not be reviewed by this court on appeal if confirmed by the general term . Marvin v . Seymour , 1 Code Rep . 111,3 Pr . R. 340. 1 Coms . 535 . Thus , where a motion ...
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adverse party affidavit alleged allowed amendment answer application appointed arrest attorney bail Barb brought cause of action change the place city and county city of New-York civil actions 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 damages deemed defendant defendant's demand demurrer denied entitled equity execution facts filed granted guardian held infant injunction interpleader judgment debtor jurisdiction jury justice justice's court matter ment mortgage motion note to section notice obtained oyer and terminer Paige person 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 trial named undertaking unless verdict Wend witnesses
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.