The Code of Procedure of the State of New York: As Amended April 16, 1852, with Copious Notes and References and an Appendix Containing the Recent Ruls of the Court of Appeals, Supreme Court, EtcJohn S. Voorhies, 1852 - 590 páginas |
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Página 51
... residences and occupations of deponents ] the parties named in the above [ or ] annexed confession of judgment ... residence , the action may be brought before a jus- tice of the town in which such defendant or his property may be ...
... residences and occupations of deponents ] the parties named in the above [ or ] annexed confession of judgment ... residence , the action may be brought before a jus- tice of the town in which such defendant or his property may be ...
Página 54
... residence of the surety , and be acknowledged by him . The surety must justify to the amount of $ 200 . It does not appear to be necessary to insert the extent of the surety's liability , as that is fixed by the statute . The ...
... residence of the surety , and be acknowledged by him . The surety must justify to the amount of $ 200 . It does not appear to be necessary to insert the extent of the surety's liability , as that is fixed by the statute . The ...
Página 104
... residence extends to every county . The People v . Cook , 6 Pr . R , 448 . It seems that in cases where the place of trial is at the option of the plaintiff , he may by an amendment , of course within the time allowed for an amendment ...
... residence extends to every county . The People v . Cook , 6 Pr . R , 448 . It seems that in cases where the place of trial is at the option of the plaintiff , he may by an amendment , of course within the time allowed for an amendment ...
Página 107
... residence of such counsel ; 2nd . That he is advised by his said counsel that he has a good and substantial defense on the merits ; 3rd . That he believes he has such a defense . Lynch v . Mosher , 4 Pr . R. , 86 ; 2 Code Rep . , 54 ...
... residence of such counsel ; 2nd . That he is advised by his said counsel that he has a good and substantial defense on the merits ; 3rd . That he believes he has such a defense . Lynch v . Mosher , 4 Pr . R. , 86 ; 2 Code Rep . , 54 ...
Página 110
... residences , 1 Hill , 671 ; 3 Id . 445 ; stating the town , village , or particular place of residence , in addition to the county . 1 How . Spe . T. R. , 195 , and that each and every of them is material to the defense , as the ...
... residences , 1 Hill , 671 ; 3 Id . 445 ; stating the town , village , or particular place of residence , in addition to the county . 1 How . Spe . T. R. , 195 , and that each and every of them is material to the defense , as the ...
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The Code of Procedure, of the State of New York: As Amended April 16, 1852 ... New York (State) Visualização integral - 1853 |
The Code of Procedure, of the State of New York: As Amended April 16, 1852 ... New York (State) Visualização integral - 1853 |
The Code of Procedure, of the State of New York: As Amended April 16, 1852 ... New York (State) Visualização integral - 1853 |
Palavras e frases frequentes
adverse party affidavit alleged allowed amendment of 1851 amount answer apply appointed assignment attachment attorney bail Barb brought calendar cause of action chancery circuit court claim clerk Code Rep commenced common law common pleas complaint copy costs county court court of appeals court of chancery court of common creditor damages decision defendant defendant's demurrer denied effect entitled equity examination execution Existing suits filed granted held injunction judgment debtor jurisdiction jury justice justice's matter ment motion necessary note to section notice obtained oyer and terminer Paige payment pending person place of trial plaintiff pleading practice prescribed proceedings provisional remedy provisions question real property recover referee reference rendered residence revised statutes Sand served sheriff special term specified subdivision sufficient summons superior court supreme court supreme court rules sureties thereof tion undertaking unless verdict Wend witness words
Passagens conhecidas
Página 193 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Página 92 - 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...
Página 162 - ... 1. 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. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Página 83 - 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.
Página 63 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Página 94 - 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.
Página 194 - The court shall, in every stage of an action, disregard any error, or defect in the pleadings or proceedings, which shall not affect the substantial rights of the adverse party ; and no judgment shall be reversed or affected by reason of such error or defect.
Página 119 - State, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4.
Página 287 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Página 207 - ... county judge, at a specified time and place ; the time to be not less than five nor more than ten days thereafter.