The Code of Procedure of the State of New York: As Amended to 1871, with Notes on Practice, Pleadings and Evidence; Rules of the Courts, Fully Annotated; a Complete Table of Cases, and a Full IndexW. Gould & Sons, 1871 - 975 páginas |
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Página 30
... separate officer , shall be established by law , payable out of the county treasury , and shall not be diminished during his term of office . The justices of the peace shall be paid , for ser- vices in courts of sessions , a per diem ...
... separate officer , shall be established by law , payable out of the county treasury , and shall not be diminished during his term of office . The justices of the peace shall be paid , for ser- vices in courts of sessions , a per diem ...
Página 65
... separate actions cess , see note I , subd . a , supra , p . 63 . IV . SHORT SUMMONS . Short summons cannot be issued. a . Process . - The various kinds of pro- cess used in the justices ' courts of this State are : 1 , A long summons ; 2 ...
... separate actions cess , see note I , subd . a , supra , p . 63 . IV . SHORT SUMMONS . Short summons cannot be issued. a . Process . - The various kinds of pro- cess used in the justices ' courts of this State are : 1 , A long summons ; 2 ...
Página 71
... Separate estate of married wo- men . - An action to charge the separate estate of married women cannot be maintain- ed in a justices ' court , nor purely equitable actions of any kind . Coon v . Brook , 21 Barb . 546 . e . Converting ...
... Separate estate of married wo- men . - An action to charge the separate estate of married women cannot be maintain- ed in a justices ' court , nor purely equitable actions of any kind . Coon v . Brook , 21 Barb . 546 . e . Converting ...
Página 77
... SEPARATE CAUSES OF ACTION . Where the defendant limits his defense of title to a portion of the cause of action , and the whole cause is discontinued before the justice and commenced in the supreme court , if the plaintiff fails on that ...
... SEPARATE CAUSES OF ACTION . Where the defendant limits his defense of title to a portion of the cause of action , and the whole cause is discontinued before the justice and commenced in the supreme court , if the plaintiff fails on that ...
Página 90
... separate estate of a married woman , although the debt on which the action was brought was contracted with reference to such estate . Salter v . Park- hurst , 2 Daly , 240. See subd . c . c . Removal of cause to common pleas . When the ...
... separate estate of a married woman , although the debt on which the action was brought was contracted with reference to such estate . Salter v . Park- hurst , 2 Daly , 240. See subd . c . c . Removal of cause to common pleas . When the ...
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Términos y frases comunes
12 Barb 28 Barb 31 Barb 9 Abb Aff'g S. C. affidavit alleged Am'd amended answer application assignment attachment attorney aver bail Bank Bosw cause of action claim Code R. N. S. commenced complaint contract corporation counterclaim creditors damages debt debtor defendant demand demurrer Duer E. D. Smith ex rel facts fendant filed granted held Hilt injunction Insurance Insurance Co issue judge judgment jurisdiction jury justice Keyes matter Mayor ment motion N. Y. 3 Kern N. Y. 6 Smith N. Y. Leg notice nunc pro tunc order of arrest Paige party person plaint plaintiff pleading proceedings promissory note Railroad recover Rev'g S. C. S. C. 1 Code S. C. 4 Abb S. C. Aff'd Sandf Seld sheriff statute sub nom subd sufficient suit summons supra supreme court sureties thereof Tiff tion Trans trial verdict Wend York York Central Railroad
Pasajes populares
Página 325 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading 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 378 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Página 123 - 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 264 - 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.
Página 467 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and 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 139 - 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 177 - When publication is ordered, personal service of a copy of the summons and complaint out of the state...
Página 141 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Página 153 - 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.
Página 377 - ... forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody.