Practice and Pleading Under the Codes, Original and Amended: With Appendix of Formsauthor. [E. O., Jenkins, printer], 1852 - 869 páginas |
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Página 4
... give prece- dents of mere statements of fact , apart from those clauses which are of general and not of particular ap- plication . With these few preliminary remarks , the author commits to an impartial and discerning public the re ...
... give prece- dents of mere statements of fact , apart from those clauses which are of general and not of particular ap- plication . With these few preliminary remarks , the author commits to an impartial and discerning public the re ...
Página 11
... give it that effect , whatever may be their own views on the subject ; and certainly the general doctrines as to constitutionality or unconstitutionality as laid down in Beecher v . Allen , seem , when examined , preferable to those ...
... give it that effect , whatever may be their own views on the subject ; and certainly the general doctrines as to constitutionality or unconstitutionality as laid down in Beecher v . Allen , seem , when examined , preferable to those ...
Página 13
... give a good general idea upon the subject , and to suggest the further course of reading by which its details may be fully mastered . Without pretending therefore , to give more than a mere sketch of the jurisdiction in question , that ...
... give a good general idea upon the subject , and to suggest the further course of reading by which its details may be fully mastered . Without pretending therefore , to give more than a mere sketch of the jurisdiction in question , that ...
Página 18
... give any opinion upon the further question as to whether such a majority were competent to pronounce a judgment . It seems clear upon the face of the measure that a majority of four only would not pos- sess adequate jurisdiction in this ...
... give any opinion upon the further question as to whether such a majority were competent to pronounce a judgment . It seems clear upon the face of the measure that a majority of four only would not pos- sess adequate jurisdiction in this ...
Página 35
... give the court jurisdiction , all the defendants must either be resident , or be served within the limits , according to the terms of the sec- tion . This rule is , however , relaxed , as regards the case of parties jointly indebted ...
... give the court jurisdiction , all the defendants must either be resident , or be served within the limits , according to the terms of the sec- tion . This rule is , however , relaxed , as regards the case of parties jointly indebted ...
Outras edições - Ver tudo
Practice and Pleading Under the Codes (of New York), Original and ..., Volume 1 Henry WHITTAKER Visualização integral - 1863 |
Practice and Pleading Under the Codes, Original and Amended: With Appendix ... Henry Whittaker Visualização integral - 1852 |
Practice and Pleading Under the Codes, Original and Amended: With Appendix ... Henry Whittaker Pré-visualização indisponível - 2017 |
Palavras e frases frequentes
9 Barb accordingly adverse party adverse possession affidavit allegation allowed amount answer application arrest attorney averment cause of action chapter circumstances cited claim clerk Code commenced complaint Comst considered copy costs course court of appeals decision default defendant defendant's demurrer duly effect entered entitled entry of judgment equitable evidence execution facts filed former given granted ground held injunction issue joinder of issue judgment debtor jurisdiction jury justice laid matter ment nature necessary obtained old practice Oyer and Terminer payment person plaintiff pleading prescribed principle proceedings promissory note proper provisional remedy provisions purpose question real property referee reference refused relation relief remedy remittitur replevin respect Revised Statutes rule Sandf served sheriff special term stay of proceedings subdivision subsequent sufficient suit summons supreme court sureties taken thereof tion trial unless verdict witness
Passagens conhecidas
Página 194 - 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 166 - 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 or prevention of private wrongs, which shall be denominated a civil action.
Página 735 - 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 505 - 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 209 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of 1. The same transaction, or transactions connected with the same subject of action ; 2.
Página 416 - 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 - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount of the debt, or delivering the property or its value to such person as the Court may direct ; and the court may, in its discretion, make the order.
Página 69 - And when, in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in by the proper amendment.
Página 812 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Página 342 - 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 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.