The Code of Procedure of the State of New York: As Amended by the Legislature, by an Act Passed July 10, 1851, with Notes of Decisions and References to Th Rules and Form of Practice, with a Copious IndexGould, Banks, 1851 - 204 páginas |
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Página vii
... Allegation not denied ; when to be deemed true , .. CHAPTER VI . Mistakes in Pleading , and Amendments , .... ......... ............ Vii 66 233 3338 2 : 69-72 69 69 ............ .............. ..... 71 8888222 22 69 69 70 71 72 72 ...
... Allegation not denied ; when to be deemed true , .. CHAPTER VI . Mistakes in Pleading , and Amendments , .... ......... ............ Vii 66 233 3338 2 : 69-72 69 69 ............ .............. ..... 71 8888222 22 69 69 70 71 72 72 ...
Página 35
... allegation of a fraudulent suggestion , or concealment , or forfeiture or mis- take , or ignorance of a material fact , or wrongful detaining , 1849 . or defective title , in such case , an action for the recovery of the premises so ...
... allegation of a fraudulent suggestion , or concealment , or forfeiture or mis- take , or ignorance of a material fact , or wrongful detaining , 1849 . or defective title , in such case , an action for the recovery of the premises so ...
Página 61
... allegation of the com- Amended plaint controverted by the defendant , according to his knowl- edge , information or belief , or of any knowledge or informa- tion thereof sufficient to form a belief . 2. A plain and concise statement of ...
... allegation of the com- Amended plaint controverted by the defendant , according to his knowl- edge , information or belief , or of any knowledge or informa- tion thereof sufficient to form a belief . 2. A plain and concise statement of ...
Página 62
... allegation it will not be stricken out . Davis agt . Potter , 4 How . 155 ; Hill agt . McCarthy , 3 Code Rep . 49 ... allege , in a plain and 1849 , 1851 . concise manner without unnecessary repetition , any new matter , 62 CODE OF ...
... allegation it will not be stricken out . Davis agt . Potter , 4 How . 155 ; Hill agt . McCarthy , 3 Code Rep . 49 ... allege , in a plain and 1849 , 1851 . concise manner without unnecessary repetition , any new matter , 62 CODE OF ...
Página 64
... Allegation not denied ; when to be deemed true . § 156. [ Sec . 133. ] Every pleading in a court of record must pleadings . be subscribed by the party , or his attorney , and when any plead- Amended 1849 , 1851. ing is verified , every ...
... Allegation not denied ; when to be deemed true . § 156. [ Sec . 133. ] Every pleading in a court of record must pleadings . be subscribed by the party , or his attorney , and when any plead- Amended 1849 , 1851. ing is verified , every ...
Outras edições - Ver tudo
The Code of Procedure of the State of New York: As Amended by the ... H. S. McCall Pré-visualização indisponível - 2017 |
The Code of Procedure of the State of New York: As Amended by the ... New York,Henry Strong McCall Pré-visualização indisponível - 2016 |
The Code of Procedure of the State of New-York; As Amended by the ... H. S. McCall Pré-visualização indisponível - 2017 |
Palavras e frases frequentes
abolished adverse party affidavit allegation allowed Amended amount answer apply appointed attachment attorney bail Barb brought cause of action ceedings CHAPTER city of New-York civil actions claim clerk Code Rep commenced common pleas complaint copy corporation costs county court county judge court of common court or judge damages decree deemed defendant deliver delivery demurrer deposit docketed dollars effect entered entitled examined execution fees fendant filed granted hundred injunction issue of fact issue of law judgment debtor judgment roll jurisdiction jury justice letters patent liable manner ment motion notice oyer and terminer Passed personal property plaintiff pleading prescribed proceed proceedings prosecuted provisional remedy quo warranto real property recover referees rendered resident Revised Statutes Sand scire facias served sheriff special term specified summons superior court supreme court Supreme Court Rule sureties therein thereof tion tried twenty days undertaking unless verdict writ
Passagens conhecidas
Página 75 - ... that if the defendant; recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain, by reason of the attachment, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Página 40 - An action against a Sheriff, Coroner or Constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this Section shall not apply to an action for an escape. 2. An action upon a statute, for a penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the State, except where the statute imposing it prescribes...
Página 60 - ... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2.
Página 70 - 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, or a mistake in any other respect...
Página 49 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
Página 66 - 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...
Página 71 - ... 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 90 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Página 83 - ... if they, or others in their place, fail to justify, at the time and place appointed, he shall deliver the property to the plaintiff.
Página 42 - 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...