First[-Fourth] Report of the Commissioners on Practice and Pleadings ...C. Van Benthuysen, public printer, 1848 |
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Σελίδα xiv
... answer , ... IV . The reply , ...... . 137-147 148 , 149 150 151 152-158 158-160 V. General rules of pleading , VI . Mistakes in pleading , and amendments , The Complaint ,. CHAPTER I. SECTION 118. Forms of pleadings heretofore existing ...
... answer , ... IV . The reply , ...... . 137-147 148 , 149 150 151 152-158 158-160 V. General rules of pleading , VI . Mistakes in pleading , and amendments , The Complaint ,. CHAPTER I. SECTION 118. Forms of pleadings heretofore existing ...
Σελίδα xv
... answer , 127. If neither , defendant deemed to have waived it except as to jurisdiction over cause of action , ..... 149 149 CHAPTER III . The Answer , ... SECTION 128. Answer what to contain , ...... 129. May set forth all the grounds ...
... answer , 127. If neither , defendant deemed to have waived it except as to jurisdiction over cause of action , ..... 149 149 CHAPTER III . The Answer , ... SECTION 128. Answer what to contain , ...... 129. May set forth all the grounds ...
Σελίδα xvii
... answer ,. .... SECTION 201. Judgment , what , 202. Judgment , on failure of defendant to answer , CHAPTER II . 182 , 183 182 182 Issues , and the mode of trial , .... SECTION 203. The different kinds of issues , 204. Issue of law ...
... answer ,. .... SECTION 201. Judgment , what , 202. Judgment , on failure of defendant to answer , CHAPTER II . 182 , 183 182 182 Issues , and the mode of trial , .... SECTION 203. The different kinds of issues , 204. Issue of law ...
Σελίδα xxii
... answer ,. 333. Reply and trial as in other actions , 334. Reply and answer to be verified , CHAPTER III . Confession of judgment , without action , .... SECTION 335. Judgment on debt , or liability authorized ,. 336. Statement , and ...
... answer ,. 333. Reply and trial as in other actions , 334. Reply and answer to be verified , CHAPTER III . Confession of judgment , without action , .... SECTION 335. Judgment on debt , or liability authorized ,. 336. Statement , and ...
Σελίδα 28
... answer to it , would of itself be conclusive . But those who have been witnesses of the want of uniformity in the proceedings of the court , ―of the hasty manner in which cases must necessarily be considered by judges , who attend at a ...
... answer to it , would of itself be conclusive . But those who have been witnesses of the want of uniformity in the proceedings of the court , ―of the hasty manner in which cases must necessarily be considered by judges , who attend at a ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
adverse party affidavit Albany allegation Amend answer application arrest attorney bail cause of action chancery CHAPTER city and county city of New-York civil actions clerk commenced Commissioners common law common pleas complaint constitution copy costs county courts county judge county of New-York court of appeals court of chancery court of common court of sessions courts of equity courts of oyer criminal deemed defendant dollars duty examination execution existing filed forms of action grand jury indictment judgment debtor judicial jurisdiction jurors justice legislature manner ment mode necessary notice offence officer oyer and terminer plaintiff pleading practice prescribed present proceedings proposed prosecution provisional remedies provisions question read as follows real property recovery reference remedy rendered respect Revised Statutes rule served sheriff special terms suit summons superior court supreme court therein thereof tion trial by jury witness writ
Δημοφιλή αποσπάσματα
Σελίδα 194 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Σελίδα 187 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Σελίδα 127 - No action shall 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.
Σελίδα 160 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Σελίδα 127 - 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...
Σελίδα 194 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Σελίδα 128 - 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.
Σελίδα 112 - If a person entitled to bring an action mentioned in the Exceptions, last chapter, except for a penalty or forfeiture, or against a Sheriff or other officer, for an escape, be at the time the cause of action accrued, either, 1. Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge; or, in execution under the sentence of a- criminal Court, for a term less than his natural life; the time of such disability is not a part of the time limited for the commencement of...
Σελίδα 127 - 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.