The Code of Procedure of the State of New York, as Amended to 1866, with Notes and Index: Also Additional Notes of the Decisions to 1865Baker, Voorhis, 1867 - 1063 σελίδες |
Αναζήτηση στο βιβλίο
Αποτελέσματα 1 - 5 από τα 100.
Σελίδα 44
... issue of fact shall have been joined in the same , shall be granted by the first judge only of said court , ( ex- cept for the examination of witnesses when the said court shall be actually sitting ) , unless he shall be absent from the ...
... issue of fact shall have been joined in the same , shall be granted by the first judge only of said court , ( ex- cept for the examination of witnesses when the said court shall be actually sitting ) , unless he shall be absent from the ...
Σελίδα 60
... issue . ( Taylor v . Harker , 1 E. D. Smith , 391. ) A return that defendant could not be found in the county , is equivalent to a return that no personal service has been made . ( Rosenfield v . Howard , 15 Barb . 546. ) On an ...
... issue . ( Taylor v . Harker , 1 E. D. Smith , 391. ) A return that defendant could not be found in the county , is equivalent to a return that no personal service has been made . ( Rosenfield v . Howard , 15 Barb . 546. ) On an ...
Σελίδα 65
... issue made by the pleadings is whether an inchoate right of dower in the wife of defendant was a subsisting incumbrance . Smith v . Riggs , 2 Duer , 622. ) e . In an action for killing plaintiff's cows . the answer set up that the ...
... issue made by the pleadings is whether an inchoate right of dower in the wife of defendant was a subsisting incumbrance . Smith v . Riggs , 2 Duer , 622. ) e . In an action for killing plaintiff's cows . the answer set up that the ...
Σελίδα 81
... issue after the expiration of five years ? d . After a transcript of a judgment has been filed in the office of the county clerk , the rules which govern the issuing execution upon it ( except as specially provided ) are those which ...
... issue after the expiration of five years ? d . After a transcript of a judgment has been filed in the office of the county clerk , the rules which govern the issuing execution upon it ( except as specially provided ) are those which ...
Σελίδα 87
... issues abolished . Feigned issues are abolished ; and instead thereof , in the cases where the power now exists to order a feigned issue , or when a question of fact , not put in issue by the pleadings , is to be tried by a jury , an ...
... issues abolished . Feigned issues are abolished ; and instead thereof , in the cases where the power now exists to order a feigned issue , or when a question of fact , not put in issue by the pleadings , is to be tried by a jury , an ...
Άλλες εκδόσεις - Προβολή όλων
The Code of Procedure of the State of New York, As Amended to 1866, with ... New York (State) Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2020 |
Συχνά εμφανιζόμενοι όροι και φράσεις
16 Barb 28 Barb 32 Barb 9 Abb action to recover affidavit affirmed alleged allowed Am'd amended amount answer apply appointed assignment attachment attorney averment bail Bank Bosw cause of action claim clerk Code Rep commenced common pleas complaint contract corporation costs counter-claim court of appeals creditor damages debt defendant defendant's demand demurrer denied Denio dismissed Duer E. D. Smith entered entitled evidence execution executor facts fendant filed granted ground held Hilton injunction issue judge judgment debtor jurisdiction jury justice Kernan liable Mayor of N. Y. ment mortgage notice nunc pro tunc order of arrest Paige party payment pending place of trial plaintiff pleading possession proceedings promissory note proof real property receiver reference rendered resident Sand security for costs Selden served sheriff special term statute sued sufficient suit summons supreme court sureties thereof tion undertaking unless verdict Wend
Δημοφιλή αποσπάσματα
Σελίδα 267 - 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 112 - 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 102 - 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.
Σελίδα 329 - 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, or a mistake in any other respect ; or by inserting other allegations material to the case ; or.
Σελίδα 320 - Court, and in what respect he has been misled; and thereupon the Court may order the pleading to be amended, upon such terms as shall be just "Sec.
Σελίδα 373 - He must, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion...
Σελίδα 14 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Σελίδα 292 - That he is the applicant in the foregoing application, that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Σελίδα 141 - County in which the property is situated a notice of the pendency of the action, containing the ' names of the parties, the object of the action, and...
Σελίδα 337 - The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint, answer or reply, alleging facts material to the case occurring after the former complaint, answer or reply, or of which the party was ignorant when his former pleading was made...