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 44
... practice in justice's courts , it is probable those courts will conform to the practice prescribed by that section and that rule , as nearly as can be . Perhaps , therefore , in case of two actions , and two undertak- ings with the same ...
... practice in justice's courts , it is probable those courts will conform to the practice prescribed by that section and that rule , as nearly as can be . Perhaps , therefore , in case of two actions , and two undertak- ings with the same ...
Σελίδα 51
... practice requiring bill of particulars to be given . Section 135 ( now 158 ) was not applicable to the complaint below . There was no allegation nor any reasonable inference that the plaintiffs ' demand consisted of more than 20 items ...
... practice requiring bill of particulars to be given . Section 135 ( now 158 ) was not applicable to the complaint below . There was no allegation nor any reasonable inference that the plaintiffs ' demand consisted of more than 20 items ...
Σελίδα 70
... practice is now adopted as to making parties . " The commissioners in a note to their first report say : " We have intended to leave suitors very much at liberty to choose whom to make defendants and whom to join as plaintiffs ...
... practice is now adopted as to making parties . " The commissioners in a note to their first report say : " We have intended to leave suitors very much at liberty to choose whom to make defendants and whom to join as plaintiffs ...
Σελίδα 71
... practice as under the practice in the late court of chancery , where it may be advisable to make parties defendant who have a mere nominal interest in the subject matter of the suit . It seems impossible , when viewing the analogy of ...
... practice as under the practice in the late court of chancery , where it may be advisable to make parties defendant who have a mere nominal interest in the subject matter of the suit . It seems impossible , when viewing the analogy of ...
Σελίδα 72
... practice in such cases to make the assignee a party . The correctness , however , of this practice may well be doubted . The distinctions between the principles of law and equity still exist , ( see note to section 69 , ) and the law ...
... practice in such cases to make the assignee a party . The correctness , however , of this practice may well be doubted . The distinctions between the principles of law and equity still exist , ( see note to section 69 , ) and the law ...
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.