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action adverse affidavit allowed Am'd Am’d amended amount answer appeal application appointed arrest attachment attorney bail brought calendar cause cause of action certified CHAPTER circuit civil claim clerk commenced complaint copy corporation costs damages debtor deemed defendant deliver deposit direct district dollars effect entered entitled examination exceptions execution Existing fact filed five give given granted guardian heard held hundred infant interest issue judge judgment jury justice manner matter ment mortgage motion necessary notice offer otherwise paid party payment person plaintiff pleading possession premises prescribed proceed proceedings proof question real property received recover recovery reference rendered require reside respect RULE served sheriff special term specified statute sufficient suit summons supreme court sureties taken therein thereof tion trial tried twenty undertaking unless verdict witnesses writing York
Σελίδα 71 - 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.
Σελίδα 78 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party ; or by correcting a mistake in the name of a party...
Σελίδα 58 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Σελίδα 88 - ... for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff...
Σελίδα 79 - 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 71 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Σελίδα 116 - 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.
Σελίδα 61 - 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.
Σελίδα 49 - 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.
Σελίδα 47 - ... founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for five years, the premises so included shall be deemed to have been held adversely...