The Code of Civil Procedure of the State of New-YorkWeed, Parsons & Company, public printers, 1850 - 791 σελίδες |
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Σελίδα xliv
... allowed , · 262 263 CHAPTER II . The complaint , 263 SECTION 638. First pleading to be complaint , 639. Complaint , what to contain , 263 263 CHAPTER III . The demurrer , 264 SECTION 640. When the defendant may demur , 264 641. Demurrer ...
... allowed , · 262 263 CHAPTER II . The complaint , 263 SECTION 638. First pleading to be complaint , 639. Complaint , what to contain , 263 263 CHAPTER III . The demurrer , 264 SECTION 640. When the defendant may demur , 264 641. Demurrer ...
Σελίδα xlv
... allowed after trial , on complaint and answer , · 270 270 270 270 CHAPTER V. The reply , 271 SECTION 651. When the answer contains a counterclaim , a re- ply may be put in , and what it may contain , - 271 CHAPTER VI . General rules of ...
... allowed after trial , on complaint and answer , · 270 270 270 270 CHAPTER V. The reply , 271 SECTION 651. When the answer contains a counterclaim , a re- ply may be put in , and what it may contain , - 271 CHAPTER VI . General rules of ...
Σελίδα liv
... allowed to stay waste after sale , 851. When title fails , purchaser may have restitu- tion , 359 360 852. When execution against several , is enforced . against one , he may have contribution , or if a surety , restitution , 361 ...
... allowed to stay waste after sale , 851. When title fails , purchaser may have restitu- tion , 359 360 852. When execution against several , is enforced . against one , he may have contribution , or if a surety , restitution , 361 ...
Σελίδα lv
... allowed to defendant , 370 · 870. When allowed to either party , in the discretion of the court , 370 871. Costs not allowed in action on a judgment , unless brought by leave of court , 371 872. Amount of costs allowed in certain cases ...
... allowed to defendant , 370 · 870. When allowed to either party , in the discretion of the court , 370 871. Costs not allowed in action on a judgment , unless brought by leave of court , 371 872. Amount of costs allowed in certain cases ...
Σελίδα lvi
... allowed to determine an adverse claim to real property , 889. If the defendant disclaim , no costs allowed , 890. In an action by one tenant in common against another , a denial of the right must be shown , 891. When the right has ...
... allowed to determine an adverse claim to real property , 889. If the defendant disclaim , no costs allowed , 890. In an action by one tenant in common against another , a denial of the right must be shown , 891. When the right has ...
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Άλλες εκδόσεις - Προβολή όλων
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action or proceeding affidavit Amended Code appointed arrest ARTICLE attend attorney and counsellor CHAPTER city and county city court city of New-York civil action code of criminal commenced Commissioners committed common pleas coroner county clerk county court county jail county of New-York county treasurer court of appeals court of common court of oyer court of record court of sessions COURTS OF JUSTICE defendant deliver district drawn elected execution filed hearing and determination held holding the court indictment jail liberties judicial officer jurisdiction conferred jurors justice's court last section marine court oyer and terminer party pending therein person plaintiff police courts powers and duties prescribed prisoner provided in section public offences punishable with death real property reside sheriff special and trial special proceeding special statutes special terms superior court supreme court surrogate surrogate's court terms and circuits thereof thereto tion trial jury list trial terms vacancy
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 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 a 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 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 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 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...
Σελίδα 239 - ... before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.