The Code of Procedure of the State of New York, as Amended to 1864: With Notes, an Appendix, and IndexJohn S. Voorhis, 1864 - 315 páginas |
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Página 31
... allowed in an action originally commenced in a court of a justice of the peace , or in the marine court of the city of New York , or in an assistant justice's court of that city , or in a justice's court of any of the cities of this ...
... allowed in an action originally commenced in a court of a justice of the peace , or in the marine court of the city of New York , or in an assistant justice's court of that city , or in a justice's court of any of the cities of this ...
Página 47
... allowed to him , if he recover costs in the action to be brought for the same cause in the supreme court . If no such action be brought within thirty days after the delivery of the undertaking , the defendant's costs before the justice ...
... allowed to him , if he recover costs in the action to be brought for the same cause in the supreme court . If no such action be brought within thirty days after the delivery of the undertaking , the defendant's costs before the justice ...
Página 65
... allowed to prove the facts to bring the case within this provision . § 112. [ 92. ] ( Am'd 1849. ) Assignment of thing in action . In the case of an assignment of a thing in action , the action by the assignee shall be without prejudice ...
... allowed to prove the facts to bring the case within this provision . § 112. [ 92. ] ( Am'd 1849. ) Assignment of thing in action . In the case of an assignment of a thing in action , the action by the assignee shall be without prejudice ...
Página 75
... allowed to defend the action ; and , ex- cept in an action for divorce , the defendant against whom publi- cation is ordered , or his representatives , may , in like manner , upon good cause shown , be allowed to defend after judgment ...
... allowed to defend the action ; and , ex- cept in an action for divorce , the defendant against whom publi- cation is ordered , or his representatives , may , in like manner , upon good cause shown , be allowed to defend after judgment ...
Página 80
... allowed . 152. Sham and irrelevant defences to be stricken out . § 149. [ 128. ] ( Am'd 1849 , 1851 , 1852. ) Answer , what to contain . The answer of the defendant must contain- 1. A general or specific denial of each material ...
... allowed . 152. Sham and irrelevant defences to be stricken out . § 149. [ 128. ] ( Am'd 1849 , 1851 , 1852. ) Answer , what to contain . The answer of the defendant must contain- 1. A general or specific denial of each material ...
Outras edições - Ver tudo
The Code of Procedure, of the State of New York, as Amended to 1864: With ... New York (State),John Townshend Visualização integral - 1864 |
The Code of Procedure of the State of New York, as Amended to 1864: With ... New York,John Stevens Voorhies,John Townshend Pré-visualização indisponível - 2016 |
The Code of Procedure of the State of New York, As Amended To 1864: With the ... John Townshend Pré-visualização indisponível - 2017 |
Palavras e frases frequentes
adverse party Adverse possession affidavit Am'd amended amount answer application appointed attachment attorney bail brought calendar cause of action CHAPTER civil actions claim clerk Code of Procedure commenced common pleas complaint copy corporation costs county court county judge county treasurer court of appeals court of common damages deemed defendant deliver demurrer deposit direct docketed dollars entitled execution Existing suits filed fourth Monday granted guardian held by Judge infant issue of fact issue of law judgment debtor judgment-roll jurisdiction jury Justice Barnard letters patent manner ment Monday of January Monday of October mortgage motion Oyer and Terminer papers personal property plaintiff pleading premises prescribed proceedings provisional remedy quo warranto real property recover referee reference rendered require RULE second Monday served sheriff special term specified summons superior court supreme court sureties therein thereof third Monday tion twenty days undertaking unless verdict York
Passagens conhecidas
Página 67 - 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.
Página 84 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party...
Página 71 - ... the recorder of the county in which the property is situated, a notice of the pendency of the action...
Página 116 - ... 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.
Página 85 - 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 69 - 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 connty ; 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.
Página 57 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title...
Página 61 - Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or, in execution under the sentence of a criminal court, for a term less than his natural life ; The time of such disability is not a part of the time limited, for the commencement of the action...
Página 79 - The defendant may set forth by answer as many defenses and counter-claims as he may have, whether they be such as have been heretofore denominated legal or equitable, or both.
Página 69 - The court may, on motion, change the place of trial in the following cases: 1. When the county designated 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: 4.