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 30
... issues of law , and hear- ing and decision of motions and other proceedings at which no jury shall be required to attend . We insert the section for which the above is substituted for the reasons mentioned in the note to section 30 ...
... issues of law , and hear- ing and decision of motions and other proceedings at which no jury shall be required to attend . We insert the section for which the above is substituted for the reasons mentioned in the note to section 30 ...
Página 38
... issue summonses merely requiring the defendant " to answer " without mentioning any action or plea . The superior court held such a summons sufficient in a case appealed to that court from the marine court . Williams v . Price , 2 Sand ...
... issue summonses merely requiring the defendant " to answer " without mentioning any action or plea . The superior court held such a summons sufficient in a case appealed to that court from the marine court . Williams v . Price , 2 Sand ...
Página 42
... issue an execution on a judg- ment recovered before the defendant as a justice of the peace . Van Vleek v . Burroughs , 6 Barb . S. C. R. 341 . Note to subd . 4. - When such proof is made he is , thereupon , required to enter a judgment ...
... issue an execution on a judg- ment recovered before the defendant as a justice of the peace . Van Vleek v . Burroughs , 6 Barb . S. C. R. 341 . Note to subd . 4. - When such proof is made he is , thereupon , required to enter a judgment ...
Página 49
... issue , and it be made . to appear to the satisfaction of the court , by oath , that an ad- journment is necessary to the adverse party in consequence of such amendment , an adjournment shall be granted . The court may also , in its ...
... issue , and it be made . to appear to the satisfaction of the court , by oath , that an ad- journment is necessary to the adverse party in consequence of such amendment , an adjournment shall be granted . The court may also , in its ...
Página 50
... issue an execution to enforce the collection of a judgment rendered by a justice of the peace , in cases where a transcript has been filed and judgment docketed in the county clerk's office . Simkins v . Page , 1 Code Rep . , 107 . Note ...
... issue an execution to enforce the collection of a judgment rendered by a justice of the peace , in cases where a transcript has been filed and judgment docketed in the county clerk's office . Simkins v . Page , 1 Code Rep . , 107 . Note ...
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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.