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 WholeJ.S. Voorhies, 1851 - 394 σελίδες |
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Αποτελέσματα 6 - 10 από τα 100.
Σελίδα 46
... plaintiff complains for a different cause of action , or the defendant sets up a different defence in his answer from that used before the justice , the proper remedy of the adverse party is by motion to strike out the pleading , and ...
... plaintiff complains for a different cause of action , or the defendant sets up a different defence in his answer from that used before the justice , the proper remedy of the adverse party is by motion to strike out the pleading , and ...
Σελίδα 52
... plaintiff resides in his district , thus where the plaintiff resided in the eighth ward , being one of the wards for which the justice was appointed , and one of the defendants resided in Queen's County , and the other in the twelfth ...
... plaintiff resides in his district , thus where the plaintiff resided in the eighth ward , being one of the wards for which the justice was appointed , and one of the defendants resided in Queen's County , and the other in the twelfth ...
Σελίδα 72
... plaintiff ; but he was not ordinarily a plaintiff in a suit in equity , but a defendant , on the fiction that he refused to join as plaintiff , and he might now be made a defendant after a demand pursuant to section 119 of this code ...
... plaintiff ; but he was not ordinarily a plaintiff in a suit in equity , but a defendant , on the fiction that he refused to join as plaintiff , and he might now be made a defendant after a demand pursuant to section 119 of this code ...
Σελίδα 78
... plaintiff be appoint- ed before the commencement of the action . Hill v . Thacter , 2 Code Rep . 3 , 3 Pr . R. 407 . Where such guardian was not appointed until the day of service of the summons and complaint , which were dated and the ...
... plaintiff be appoint- ed before the commencement of the action . Hill v . Thacter , 2 Code Rep . 3 , 3 Pr . R. 407 . Where such guardian was not appointed until the day of service of the summons and complaint , which were dated and the ...
Σελίδα 79
... plaintiff . Waldorph v . Bortel , 4 Pr . R. 358 . Under the former practice when the premises were actually occupied , the action of ejectment could only be brought against the person in possession . It was only where the premises were ...
... plaintiff . Waldorph v . Bortel , 4 Pr . R. 358 . Under the former practice when the premises were actually occupied , the action of ejectment could only be brought against the person in possession . It was only where the premises were ...
Άλλες εκδόσεις - Προβολή όλων
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
adverse party affidavit alleged allowed amendment answer application appointed arrest attorney bail Barb brought cause of action change the place city and county city of New-York civil actions claim clerk Code Rep commenced common law common pleas copy corporation costs county court county judge county of New-York court of appeals court of chancery court of common damages deemed defendant defendant's demand demurrer denied entitled equity execution facts filed granted guardian held infant injunction interpleader judgment debtor jurisdiction jury justice justice's court matter ment mortgage motion note to section notice obtained oyer and terminer Paige person place of trial plaintiff pleading prescribed proceedings proper county prosecuted provisional remedy provisions real property recover referee reference remittitur residence revised statutes Sand served sheriff special term specified sufficient suit superior court supreme court sureties therein thereof tion trial named undertaking unless verdict Wend witnesses
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.