The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each Section, the Supplementary Act, and an Appendix Containing the Rules of All the Courts, with an Index to the WholeJ.S. Voorhies, 1851 - 394 páginas |
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Página 18
... examination before a master to whom the cause had been referred , and was denied ; and an appeal then taken to the general term , where a rehearing was denied , held , not an appealable case to this court , even if the general term had ...
... examination before a master to whom the cause had been referred , and was denied ; and an appeal then taken to the general term , where a rehearing was denied , held , not an appealable case to this court , even if the general term had ...
Página 113
... examination , and as he assumed originally to eschew the strict and technical rules of the common law , and to proceed upon the broad equities of the case , he naturally encouraged the presentment of the facts at large . Hence the ...
... examination , and as he assumed originally to eschew the strict and technical rules of the common law , and to proceed upon the broad equities of the case , he naturally encouraged the presentment of the facts at large . Hence the ...
Página 115
... examination of a defendant by bill of discovery is now done away , and with it all occasion for resorting to the peculiar mode of pleading to which it gave rise . The granting of judicial relief must always be preceeded by an ...
... examination of a defendant by bill of discovery is now done away , and with it all occasion for resorting to the peculiar mode of pleading to which it gave rise . The granting of judicial relief must always be preceeded by an ...
Página 166
... examination shall be reduced to writing and subscribed by the bail , if required by the plaintiff . The bail must justify in the county where the defendant shall have been arrested , or where the bail reside . Rule 89 of the supreme ...
... examination shall be reduced to writing and subscribed by the bail , if required by the plaintiff . The bail must justify in the county where the defendant shall have been arrested , or where the bail reside . Rule 89 of the supreme ...
Página 182
... examination of this question , consid- ered the rule to be the same , whether the application is on the part of the plaintiff for an injunction , or on behalf of the defendant for the dissolution of one already granted . The same ...
... examination of this question , consid- ered the rule to be the same , whether the application is on the part of the plaintiff for an injunction , or on behalf of the defendant for the dissolution of one already granted . The same ...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... New York,Member of the New-York Bar Sin vista previa disponible - 2016 |
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... New York,Member of the New-York Bar Sin vista previa disponible - 2016 |
Términos y frases comunes
adverse party affidavit alleged allowed amendment answer application appointed arrest attorney bail Barb brought cause of action change the place city and county city of New-York civil actions claim clerk Code Rep commenced common law common pleas copy corporation costs county court county judge county of New-York court of appeals court of chancery court of common damages deemed defendant defendant's demand demurrer denied entitled equity execution facts filed granted guardian held infant injunction interpleader judgment debtor jurisdiction jury justice justice's court matter ment mortgage motion note to section notice obtained oyer and terminer Paige person place of trial plaintiff pleading prescribed proceedings proper county prosecuted provisional remedy provisions real property recover referee reference remittitur residence revised statutes Sand served sheriff special term specified sufficient suit superior court supreme court sureties therein thereof tion trial named undertaking unless verdict Wend witnesses
Pasajes populares
Página 62 - Within the age of twenty-one years ; or 2. Insane ; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life ; or 4.
Página 82 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Página 136 - When a corporation is a party, the verification may be made by any officer thereof...
Página 73 - 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 142 - 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 65 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
Página 164 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Página 142 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts conferring jurisdiction.
Página 229 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Página 80 - In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the transfer is made to be substituted in the action.