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 32
... specified , and the time of the commencement and termination of his official term . § 9. When the official term of any justice | or judge of the courts mentioned in the last preceding section , except county judges , will expire at the ...
... specified , and the time of the commencement and termination of his official term . § 9. When the official term of any justice | or judge of the courts mentioned in the last preceding section , except county judges , will expire at the ...
Página 63
... specified therein , if a delivery thereof cannot be had . The execution shall be returnable within sixty days after its receipt by the officer , to the justice who issued the same . [ § 11. ] In all actions for the recovery of the ...
... specified therein , if a delivery thereof cannot be had . The execution shall be returnable within sixty days after its receipt by the officer , to the justice who issued the same . [ § 11. ] In all actions for the recovery of the ...
Página 65
... specified in the indorse- ment on the summons . Avery v . Slack , 17 Wend . 85 , ( 87 ) . See note IX , subd . e . e . Filling up summons . - It is proper for a justice to sign a summons in blank , and deliver it to the plaintiff , for ...
... specified in the indorse- ment on the summons . Avery v . Slack , 17 Wend . 85 , ( 87 ) . See note IX , subd . e . e . Filling up summons . - It is proper for a justice to sign a summons in blank , and deliver it to the plaintiff , for ...
Página 78
... specified sum , which he claims to recover or set off . 10. A variance between the proof on the trial and the allegations in a pleading shall be disregarded as immaterial , unless the court shall be satisfied that the adverse party has ...
... specified sum , which he claims to recover or set off . 10. A variance between the proof on the trial and the allegations in a pleading shall be disregarded as immaterial , unless the court shall be satisfied that the adverse party has ...
Página 79
... specified time , to exhibit his account on demand , or state the nature thereof as far forth as may be in his power , and , in case of his default , preclude him from giving evidence of such parts thereof as shall not have been so ...
... specified time , to exhibit his account on demand , or state the nature thereof as far forth as may be in his power , and , in case of his default , preclude him from giving evidence of such parts thereof as shall not have been so ...
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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.