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 42
A justice has jurisdiction of every person found in the county whether a resident
or not . Every action , however ... Before some justice of another town , in the
same county , next adjoining the residence of the plaintiff or defendant . ( 2 R . S .
325 ...
A justice has jurisdiction of every person found in the county whether a resident
or not . Every action , however ... Before some justice of another town , in the
same county , next adjoining the residence of the plaintiff or defendant . ( 2 R . S .
325 ...
Σελίδα 44
I , A . B . ( name and residence of surety ) in consideration that this action , before
[ insert name of justice ] be discontinued , hereby undertake , that if the above -
named plaintiff , within thirty days after this undertaking be approved by the said ...
I , A . B . ( name and residence of surety ) in consideration that this action , before
[ insert name of justice ] be discontinued , hereby undertake , that if the above -
named plaintiff , within thirty days after this undertaking be approved by the said ...
Σελίδα 89
... that the affidavit of merits on a motion by defondant to change the place of trial
must state distinctly :Ist . That the defendant has fully and fairly stated the case to
his counsel [ in tho canse , ) and give the name and residence of such counsel .
... that the affidavit of merits on a motion by defondant to change the place of trial
must state distinctly :Ist . That the defendant has fully and fairly stated the case to
his counsel [ in tho canse , ) and give the name and residence of such counsel .
Σελίδα 92
If the motion is grounded on the convenience of witnesses , the affidavit should
state the name of the witnesses residing in the county , to which the defendant
seeks to change the venue , 6 Cowen , 389 ; and their residences , 1 Hill , 671 , 3
Id ...
If the motion is grounded on the convenience of witnesses , the affidavit should
state the name of the witnesses residing in the county , to which the defendant
seeks to change the venue , 6 Cowen , 389 ; and their residences , 1 Hill , 671 , 3
Id ...
Σελίδα 93
And the residence of a greater number of witnesses in an adjoining State
adjacent to the place of trial named in the complaint is not sufficient to retain the
place of trial . 2 Wend . 282 . 6 Id . 541 . 4 Hill , 68 , note . And it is no answer to a
motion ...
And the residence of a greater number of witnesses in an adjoining State
adjacent to the place of trial named in the complaint is not sufficient to retain the
place of trial . 2 Wend . 282 . 6 Id . 541 . 4 Hill , 68 , note . And it is no answer to a
motion ...
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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 |