The Code of Procedure of the State of New York: As Amended April 16, 1852, with Copious Notes and References and an Appendix Containing the Recent Ruls of the Court of Appeals, Supreme Court, EtcJohn S. Voorhies, 1852 - 590 σελίδες |
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Σελίδα 23
... term . At the general term no hearing of the appeal took place , but a judgment was entered under a stipulation and with a view to an appeal to this court . An appeal was had , and both parties asked to have it heard upon the merits ...
... term . At the general term no hearing of the appeal took place , but a judgment was entered under a stipulation and with a view to an appeal to this court . An appeal was had , and both parties asked to have it heard upon the merits ...
Σελίδα 24
... term , dissolving a temporary injunction , which order was confirmed on ap- peal to the general term in September , 1848. An appeal was taken from the order at general term , and dismissed on motion , because the order was made after ...
... term , dissolving a temporary injunction , which order was confirmed on ap- peal to the general term in September , 1848. An appeal was taken from the order at general term , and dismissed on motion , because the order was made after ...
Σελίδα 25
... term denied a new trial , which was incorporated in the record , and appealed to this court . Livingston v . Radcliff . 3 Pr . R. , 417 . From an order of the supreme court at a general term , denying a rehearing of an order made at a ...
... term denied a new trial , which was incorporated in the record , and appealed to this court . Livingston v . Radcliff . 3 Pr . R. , 417 . From an order of the supreme court at a general term , denying a rehearing of an order made at a ...
Σελίδα 26
... term of the supreme court , confirming an order vacating a master's or receiver's sale . It was a matter in the discretion of the court . Wakeman v . Price , 3 Code Rep . , 186. 2 Coms . , 334 . From an order made at the general term of ...
... term of the supreme court , confirming an order vacating a master's or receiver's sale . It was a matter in the discretion of the court . Wakeman v . Price , 3 Code Rep . , 186. 2 Coms . , 334 . From an order made at the general term of ...
Σελίδα 28
... term from the city or town where it is appointed to be held , to any other city or town , " are omitted . And see , as to the terms of this court , laws of 1849 , p . 484 , c . 333 , ss . 2 , 3 ; and by laws of 1850 , p . 45 , chap . 41 ...
... term from the city or town where it is appointed to be held , to any other city or town , " are omitted . And see , as to the terms of this court , laws of 1849 , p . 484 , c . 333 , ss . 2 , 3 ; and by laws of 1850 , p . 45 , chap . 41 ...
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adverse party affidavit alleged allowed amendment of 1851 amount answer apply appointed assignment attachment attorney bail Barb brought calendar cause of action chancery circuit court claim clerk Code Rep commenced common law common pleas complaint copy costs county court court of appeals court of chancery court of common creditor damages decision defendant defendant's demurrer denied effect entitled equity examination execution Existing suits filed granted held injunction judgment debtor jurisdiction jury justice justice's matter ment motion necessary note to section notice obtained oyer and terminer Paige payment pending person place of trial plaintiff pleading practice prescribed proceedings provisional remedy provisions question real property recover referee reference rendered residence revised statutes Sand served sheriff special term specified subdivision sufficient summons superior court supreme court supreme court rules sureties thereof tion undertaking unless verdict Wend witness words
Δημοφιλή αποσπάσματα
Σελίδα 193 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Σελίδα 92 - 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 162 - ... 1. 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. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Σελίδα 83 - 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 63 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Σελίδα 94 - 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.
Σελίδα 194 - 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 119 - State, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4.
Σελίδα 287 - 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 207 - ... county judge, at a specified time and place ; the time to be not less than five nor more than ten days thereafter.