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 38
... Undertaking . 57. Suit discontinued . 58 . If undertaking not given . 59. The same . 60. New action . 61. Costs . 62. Answer of title to one , cause of action . 63. Docketing judgments . 64. Rules . § 52. [ 45. ] Repeal of existing ...
... Undertaking . 57. Suit discontinued . 58 . If undertaking not given . 59. The same . 60. New action . 61. Costs . 62. Answer of title to one , cause of action . 63. Docketing judgments . 64. Rules . § 52. [ 45. ] Repeal of existing ...
Página 43
... undertaking the action shall be discontinued . A discretion is vested in the jus- tice to decide whether the matter ... Undertaking to be given . — At the time of answering , the defendant shall deliver to the justice a written ...
... undertaking the action shall be discontinued . A discretion is vested in the jus- tice to decide whether the matter ... Undertaking to be given . — At the time of answering , the defendant shall deliver to the justice a written ...
Página 44
... undertaking should be under seal , but it is thought that it should state a consideration on its face for the making thereof , that it should state the place of residence of the surety , and be acknowledged by him . The surety must ...
... undertaking should be under seal , but it is thought that it should state a consideration on its face for the making thereof , that it should state the place of residence of the surety , and be acknowledged by him . The surety must ...
Página 45
... undertaking not given . — If the undertaking be not delivered to the justice , he shall have jurisdiction of the cause , and shall proceed therein ; and the defendant shall be precluded , in his defence , from drawing the title in ...
... undertaking not given . — If the undertaking be not delivered to the justice , he shall have jurisdiction of the cause , and shall proceed therein ; and the defendant shall be precluded , in his defence , from drawing the title in ...
Página 46
... undertaking , as pro- vided in sections fifty - five and fifty - six , the justice shall dis- continue the proceedings as to that cause , and the plaintiff may commence another action therefor in the county court . As to the other ...
... undertaking , as pro- vided in sections fifty - five and fifty - six , the justice shall dis- continue the proceedings as to that cause , and the plaintiff may commence another action therefor in the county court . As to the other ...
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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.