The Code of Procedure of the State of New York, as Amended to 1867: With the Revised Rules of the Courts, and a Full IndexJohn Townshend Baker, Voorhis & Company, 1867 - 292 σελίδες |
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Σελίδα 31
... Undertaking . 57. Suit discontinued . 58. If undertaking not given . 59 . The same . 60. New action . 61. Costs . 62 . Answer of title as to one cause of action . 63. Docketing judgments . 64. Rules . § 52. [ 45. ] ( Am'd 1849. ) Repeal ...
... Undertaking . 57. Suit discontinued . 58. If undertaking not given . 59 . The same . 60. New action . 61. Costs . 62 . Answer of title as to one cause of action . 63. Docketing judgments . 64. Rules . § 52. [ 45. ] ( Am'd 1849. ) Repeal ...
Σελίδα 33
... undertaking , in writing , exe- cuted by one or more sufficient sureties , to be approved by the justice of the peace before whom such action is commenced , to the effect that they are bound in double the value of such property as ...
... undertaking , in writing , exe- cuted by one or more sufficient sureties , to be approved by the justice of the peace before whom such action is commenced , to the effect that they are bound in double the value of such property as ...
Σελίδα 34
... undertaking ; and if he fail to do so , all objection thereto shall be waived . If such notice be served , the sureties shall justify , or the plaintiff give new sureties on the return - day of said summons , who shall then appear and ...
... undertaking ; and if he fail to do so , all objection thereto shall be waived . If such notice be served , the sureties shall justify , or the plaintiff give new sureties on the return - day of said summons , who shall then appear and ...
Σελίδα 36
... Undertaking to be given . At the time of answering the defendant shall deliver to the justice a written undertaking , executed by at least one sufficient surety , and approved by the justice , to the effect that if the plaintiff shall ...
... Undertaking to be given . At the time of answering the defendant shall deliver to the justice a written undertaking , executed by at least one sufficient surety , and approved by the justice , to the effect that if the plaintiff shall ...
Σελίδα 37
... undertaking , the surety shall be liable not exceeding one hundred dollars . § 57. [ 50. ] ( Am'd 1851 , 1858. ) Action discontinued . - Costs . Upon the delivery of the undertaking to the justice , the action before him shall be ...
... undertaking , the surety shall be liable not exceeding one hundred dollars . § 57. [ 50. ] ( Am'd 1851 , 1858. ) Action discontinued . - Costs . Upon the delivery of the undertaking to the justice , the action before him shall be ...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ... New York,John Townshend Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2016 |
Συχνά εμφανιζόμενοι όροι και φράσεις
adverse party Adverse possession affidavit Am'd amended amount answer application appointed attachment attorney bail brought calendar cause of action certified CHAPTER circuit civil action claim clerk CODE OF PROCEDURE commenced common pleas complaint copy corporation costs county court county judge county treasurer court of appeals court of common damages deemed defendant deliver demurrer deposit direct docketed dollars effect entitled execution Existing filed granted guardian infant issue of fact issue of law judgment debtor judgment-roll jurisdiction jury justice letters patent manner ment mortgage note of issue notice of appeal oyer and terminer papers payment personal property plaintiff pleading premises prescribed proceedings proof provisional remedy quo warranto real property recover recovery referee reference rendered require RULE section one hundred section three hundred served sheriff special term specified statute summons superior court supreme court sureties therein thereof thereupon tion twenty days undertaking unless verdict York
Δημοφιλή αποσπάσματα
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...