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
... tion of this article shall be fourteen years from and including the first day of January next after their election . But no person shall hold the office of justice or judge of any court longer than until and including the last day of ...
... tion of this article shall be fourteen years from and including the first day of January next after their election . But no person shall hold the office of justice or judge of any court longer than until and including the last day of ...
Página 32
... tion , in any election district in the state , shall be filled in the manner provided by law , on or before the day of such election . § 6. The additional judges of the court of common pleas of the city and county of New York , to be ...
... tion , in any election district in the state , shall be filled in the manner provided by law , on or before the day of such election . § 6. The additional judges of the court of common pleas of the city and county of New York , to be ...
Página 42
... tion for removal so as to reduce the damages |. - m . Penalties . - Actions to recover pen- alties created by the statutes of other states are not cognizable in the courts of this state . Bird v . Hayden , 2 Abb . N. S. 61 , ( 62 ) ...
... tion for removal so as to reduce the damages |. - m . Penalties . - Actions to recover pen- alties created by the statutes of other states are not cognizable in the courts of this state . Bird v . Hayden , 2 Abb . N. S. 61 , ( 62 ) ...
Página 56
... tion as the late court of chancery . Christy v . Libby , 5 Abb . N. S. 192 ; Aff'g S. C. 35 How . 119 , ( 122. ) See ... tion as to the person ; if the subject matter of the action is without the jurisdiction of the court , a judgment ...
... tion as the late court of chancery . Christy v . Libby , 5 Abb . N. S. 192 ; Aff'g S. C. 35 How . 119 , ( 122. ) See ... tion as to the person ; if the subject matter of the action is without the jurisdiction of the court , a judgment ...
Página 74
... tion for damages for the bite of a dog , etc. , if the defendant sets up that the plaintiff was a trespasser at the time of the injury , it does not raise the question of title . Pierret v . Mol- ler , 3 E. D. Smith , 574 . i . Tax on ...
... tion for damages for the bite of a dog , etc. , if the defendant sets up that the plaintiff was a trespasser at the time of the injury , it does not raise the question of title . Pierret v . Mol- ler , 3 E. D. Smith , 574 . i . Tax on ...
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Términos y frases comunes
16 Barb 21 Barb 9 Abb Aff'g S. C. affidavit alleged Am'd amended answer assignment attorney aver bail Bank Bosw Brown cause of action claim Code R. N. S. commenced common pleas complaint Comst contract corporation counterclaim damages debt defendant demand demurrer Denio Duer E. D. Smith ex rel facts fendant filed held Hilt indorsed Insurance issue Johns judge judgment jurisdiction jury justice Keyes Law and Pract matter Mayor ment motion N. Y. 2 Kern N. Y. 6 Smith N. Y. Leg order of arrest oyer and terminer party payment person plaint plaintiff pleading proceedings promissory note Railroad recover Rev'g S. C. S. C. 1 Code S. C. Aff'd S. C. Rev'd Sandf Seld sheriff special term statute statute of limitations sub nom subd sufficient suit summons supra supreme court thereof Tiff tion Trans trial Wait's Law Wend York
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.