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 10
... 307 , 352 and 371. By ch . 219 , section 3 of title 2 of ch . 5 of part 3 of the Rev. Stat . , relating to proceedings to compel the determination f of claims to real property in certain cases , was 10 INTRODUCTION .
... 307 , 352 and 371. By ch . 219 , section 3 of title 2 of ch . 5 of part 3 of the Rev. Stat . , relating to proceedings to compel the determination f of claims to real property in certain cases , was 10 INTRODUCTION .
Página 11
With Notes, an Appendix, and Index John Townshend. of claims to real property in certain cases , was amended and applied to the Code of Procedure . In addition to the statutes above mentioned , the juris- diction and practice of the ...
With Notes, an Appendix, and Index John Townshend. of claims to real property in certain cases , was amended and applied to the Code of Procedure . In addition to the statutes above mentioned , the juris- diction and practice of the ...
Página 44
... claim the immediate delivery of such property as hereinafter provided . Before any process shall be issued in an action to recover the possession of personal property , the plaintiff , his agent , or attorney , shall make proof by ...
... claim the immediate delivery of such property as hereinafter provided . Before any process shall be issued in an action to recover the possession of personal property , the plaintiff , his agent , or attorney , shall make proof by ...
Página 46
... claim a return thereof , the justice or jury shall assess the value thereof , and the injury sustained by the prevailing party by reason of the taking or detention thereof , and the justice shall render judgment accordingly , with costs ...
... claim a return thereof , the justice or jury shall assess the value thereof , and the injury sustained by the prevailing party by reason of the taking or detention thereof , and the justice shall render judgment accordingly , with costs ...
Página 50
... claims to recover or set off . 10. A variance between the proof on the trial and the allega- tions in a pleading shall be disregarded as immaterial , unless the court shall be satisfied that the adverse party has been misled to his ...
... claims to recover or set off . 10. A variance between the proof on the trial and the allega- tions in a pleading shall be disregarded as immaterial , unless the court shall be satisfied that the adverse party has been misled to his ...
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.