The Code of Civil Procedure of the State of New York: Reported Complete by the Commissioners on Practice and Pleading, Τόμος 2Weed, Parsons, and Company, public printers, 1850 - 791 σελίδες |
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Σελίδα vii
... answer be not then made , summary judgment must be given , and even if an answer be made , the plaintiff , on indemnifying the defendant , may have an attachment to secure his debt . So , upon a mortgage , there is provided a summary ...
... answer be not then made , summary judgment must be given , and even if an answer be made , the plaintiff , on indemnifying the defendant , may have an attachment to secure his debt . So , upon a mortgage , there is provided a summary ...
Σελίδα xxxviii
... answer , 530. Accused to appear , or if not , court to proceed , 531. May object to or deny accusation , 532. Manner of objecting or denying accusation , 533. If objection not sustained , must answer forth- with , 534. If accused plead ...
... answer , 530. Accused to appear , or if not , court to proceed , 531. May object to or deny accusation , 532. Manner of objecting or denying accusation , 533. If objection not sustained , must answer forth- with , 534. If accused plead ...
Σελίδα xliv
... answer , 262 262 263 264 266 V. The reply , 271 VI . General rules of pleading , 272 VII . Mistakes in pleading and ... answer , 266 644. Objection , when deemed waived , 266 CHAPTER IV . 266 The answer , SECTION 645. Answer what to ...
... answer , 262 262 263 264 266 V. The reply , 271 VI . General rules of pleading , 272 VII . Mistakes in pleading and ... answer , 266 644. Objection , when deemed waived , 266 CHAPTER IV . 266 The answer , SECTION 645. Answer what to ...
Σελίδα xlv
... Answer may contain several grounds of defence , 650. Amendment allowed after trial , on complaint 270 270 and answer , 270 CHAPTER V. The reply , 271 SECTION 651. When the answer contains a counterclaim , a re- ply may be put in , and ...
... Answer may contain several grounds of defence , 650. Amendment allowed after trial , on complaint 270 270 and answer , 270 CHAPTER V. The reply , 271 SECTION 651. When the answer contains a counterclaim , a re- ply may be put in , and ...
Σελίδα xlix
... answer not limited to the relief asked in complaint , · 314 752. Judgment dismissing action when given , 753. All other judgments are on the merits , 314 315 754. Judgments when several , 315 CHAPTER II , Judgment upon failure to answer ...
... answer not limited to the relief asked in complaint , · 314 752. Judgment dismissing action when given , 753. All other judgments are on the merits , 314 315 754. Judgments when several , 315 CHAPTER II , Judgment upon failure to answer ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
action or proceeding affidavit Amended Code appointed arrest ARTICLE attend bail ballots cause of action CHAPTER city and county city court city of New-York civil action commenced Commissioners common pleas constitution county clerk county court county jail county judge county of New-York county treasurer court of appeals court of chancery court of common court of oyer court of sessions COURTS OF JUSTICE courts of record defendant deliver district drawn elected execution filed grand jury hearing and determination held holding the court jail liberties judicial officer jurisdiction conferred jurors jury box last section manner marine court oyer and terminer party person places of holding plaintiff pleading police courts prescribed prisoner provided in section public offences real property reside sheriff special and trial special proceeding special statutes special terms superior court supreme court sureties surrogate surrogate's court terms and circuits thereof thereto tion trial jury list trial terms
Δημοφιλή αποσπάσματα
Σελίδα 267 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition. § 1 50. 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...
Σελίδα 250 - 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 304 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Σελίδα 249 - 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 706 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Σελίδα 386 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Σελίδα 706 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement, other than the contents of the writing, except in the following cases : 1.
Σελίδα 4 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Σελίδα 252 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; 2.
Σελίδα 281 - ... 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...