The Code of Procedure of the State of New York: As Amended April 16, 1852, with Copious Notes and References and an Appendix Containing the Recent Ruls of the Court of Appeals, Supreme Court, EtcJohn S. Voorhies, 1852 - Всего страниц: 590 |
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Стр. 41
... action had been commenced in the supreme court ; such order for removal and ... cause shall be deemed to be removed into the supreme court , which shall ... cause . And any action or proceeding pending in any mayor's or recorder's court ...
... action had been commenced in the supreme court ; such order for removal and ... cause shall be deemed to be removed into the supreme court , which shall ... cause . And any action or proceeding pending in any mayor's or recorder's court ...
Стр. 47
... cause of action . 63. Docketing judgments . 64. Rules . § 52. [ 45. ] ( Amended 1849. ) Repeal of existing ... action , by abolishing actions upon judgments , and by intro- · the article of the revised statutes entitled " Of §§ 49-52 ...
... cause of action . 63. Docketing judgments . 64. Rules . § 52. [ 45. ] ( Amended 1849. ) Repeal of existing ... action , by abolishing actions upon judgments , and by intro- · the article of the revised statutes entitled " Of §§ 49-52 ...
Стр. 48
... action heretofore commenced in a court of a justice of the peace . The other statutory provisions relating to these ... cause of action for more than $ 100 is a nullity . Yager v . Hannah , 6 Hill , 631. In justices ' courts all defects ...
... action heretofore commenced in a court of a justice of the peace . The other statutory provisions relating to these ... cause of action for more than $ 100 is a nullity . Yager v . Hannah , 6 Hill , 631. In justices ' courts all defects ...
Стр. 54
... action in the county court for the same cause of action as the cause of action in this action , that then the above - named defendant shall , within ten days after such deposit , give an admission in writing of the service of the said ...
... action in the county court for the same cause of action as the cause of action in this action , that then the above - named defendant shall , within ten days after such deposit , give an admission in writing of the service of the said ...
Стр. 55
... cause , and shall proceed therein ; and the defendant shall be precluded ... action , and render judgment against the plaintiff for the costs . The law ... action may be brought . -When a suit before a justice shall be discontinued by the ...
... cause , and shall proceed therein ; and the defendant shall be precluded ... action , and render judgment against the plaintiff for the costs . The law ... action may be brought . -When a suit before a justice shall be discontinued by the ...
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adverse party affidavit alleged allowed amendment of 1851 amount answer apply appointed assignment attachment attorney bail Barb brought calendar cause of action chancery circuit court claim clerk Code Rep commenced common law common pleas complaint copy costs county court court of appeals court of chancery court of common creditor damages decision defendant defendant's demurrer denied effect entitled equity examination execution Existing suits filed granted held injunction judgment debtor jurisdiction jury justice justice's matter ment motion necessary note to section notice obtained oyer and terminer Paige payment pending person place of trial plaintiff pleading practice prescribed proceedings provisional remedy provisions question real property recover referee reference rendered residence revised statutes Sand served sheriff special term specified subdivision sufficient summons superior court supreme court supreme court rules sureties thereof tion undertaking unless verdict Wend witness words
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Стр. 193 - ... in its discretion, and 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...
Стр. 92 - 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...
Стр. 162 - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Стр. 83 - 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.
Стр. 63 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Стр. 94 - 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.
Стр. 194 - The court shall, in every stage of an action, disregard any error, or defect in the pleadings or proceedings, which shall not affect the substantial rights of the adverse party ; and no judgment shall be reversed or affected by reason of such error or defect.
Стр. 119 - State, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4.
Стр. 287 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Стр. 207 - ... county judge, at a specified time and place ; the time to be not less than five nor more than ten days thereafter.