The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each Section, the Supplementary Act, and an Appendix Containing the Rules of All the Courts, with an Index to the Whole |
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Σελίδα 13
This act is divided into two parts : The first relates to the courts of justice and their
jurisdiction : The second relates to civil actions commenced in the courts of this
State , after the 1st day of July , 1848 , except when otherwise provided therein ...
This act is divided into two parts : The first relates to the courts of justice and their
jurisdiction : The second relates to civil actions commenced in the courts of this
State , after the 1st day of July , 1848 , except when otherwise provided therein ...
Σελίδα 14
This section limits the provisions of the code to proceedings in suits commenced ,
after the code took effect . Merritt v . Wing , 4 Pr . R . 14 . Clark v . Crandall , 4 Pr .
R . 127 , 2 Code Rep . 70 . Tusscott v . King , 4 Pr . R . 173 . Thompson v .
This section limits the provisions of the code to proceedings in suits commenced ,
after the code took effect . Merritt v . Wing , 4 Pr . R . 14 . Clark v . Crandall , 4 Pr .
R . 127 , 2 Code Rep . 70 . Tusscott v . King , 4 Pr . R . 173 . Thompson v .
Σελίδα 16
In a judgment in an action commenced therein , or brought there from another
court ; and upon the appeal from such judgment , to review any intermediate
order involving the merits and necessarily affecting the judgment : 2 . In an order
...
In a judgment in an action commenced therein , or brought there from another
court ; and upon the appeal from such judgment , to review any intermediate
order involving the merits and necessarily affecting the judgment : 2 . In an order
...
Σελίδα 17
But when such order , & c . , is made after 1st of July , 1848 , whether the suit was
commenced before or after that day , the right to appeal , & c . , depends upon the
code . Ibid - Selden v . Vermilya , i Code Rep . 110 . 3 Pr . R . 338 . 1 Coms .
But when such order , & c . , is made after 1st of July , 1848 , whether the suit was
commenced before or after that day , the right to appeal , & c . , depends upon the
code . Ibid - Selden v . Vermilya , i Code Rep . 110 . 3 Pr . R . 338 . 1 Coms .
Σελίδα 18
From an order made upon a bill of exceptions , under the act of December , 1847
, where the order was made after the 1st of July , 1848 ; although the suit may
have been commenced prior to that time . Tilley vs . Phillips , I Code Rep . 111 .
From an order made upon a bill of exceptions , under the act of December , 1847
, where the order was made after the 1st of July , 1848 ; although the suit may
have been commenced prior to that time . Tilley vs . Phillips , I Code Rep . 111 .
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... New York,Member of the New-York Bar Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2016 |
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... New York,Member of the New-York Bar Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2016 |
Συχνά εμφανιζόμενοι όροι και φράσεις
affidavit alleged allowed amendment amount answer appeal application appointed arrest attachment attorney authority bill brought cause of action chapter claim clerk Code Rep commenced common complaint contained copy corporation costs damages debtor decision defendant delivered demand demurrer denied direct effect entered entitled equity evidence examination execution existing facts filed follows give given granted ground held injunction interest issue judge judgment jurisdiction jury justice leave manner matter motion move necessary notice objection obtained party person place of trial plaintiff pleading pleas practice prescribed proceedings proper provisions question reason received recover reference refused rendered residence respect revised statutes rule Sand served sheriff special term specified sufficient suit summons supreme court taken term thereof tion trial tried undertaking unless verdict Wend witness
Δημοφιλή αποσπάσματα
Σελίδα 62 - 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 82 - 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 136 - When a corporation is a party, the verification may be made by any officer thereof...
Σελίδα 73 - 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 142 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Σελίδα 65 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
Σελίδα 164 - ... to the effect that they are bound in the amount mentioned in the order of arrest, that the defendant shall at all times render himself amenable to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Σελίδα 142 - In pleading a judgment, or other determination of a court, or officer of special jurisdiction, it shall not be necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading shall be bound to establish, on the trial, the facts conferring jurisdiction.
Σελίδα 229 - 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 80 - 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.
Πληροφορίες βιβλιογραφίας
| Τίτλος | The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each Section, the Supplementary Act, and an Appendix Containing the Rules of All the Courts, with an Index to the Whole Stephen E. Draper Center and Archives for the Waters of Georgia in History and Law |
| Συγγραφείς | New York (State), Member of the New York Bar |
| Εκδότης | J. S. Voorhies, 1851 |
| Μέγεθος | 394 σελίδες |
| Εξαγωγή αναφοράς | BiBTeX EndNote RefMan |