The Code of Procedure of the State of New York: As Amended to 1871, with Notes on Practice, Pleadings and Evidence; Rules of the Courts, Fully Annotated; a Complete Table of Cases, and a Full IndexW. Gould & Sons, 1871 - Всего страниц: 975 |
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Стр. 18
... Trans . App . 219 ; People ex rel . Clute v . Boardman , 4 Keyes , 59 ( 66 , 67 ) . II . CASES HELD TO BE ACTIONS , a . Supplementary proceedings . Proceedings supplementary to execution , if not an action , are proceedings in the ...
... Trans . App . 219 ; People ex rel . Clute v . Boardman , 4 Keyes , 59 ( 66 , 67 ) . II . CASES HELD TO BE ACTIONS , a . Supplementary proceedings . Proceedings supplementary to execution , if not an action , are proceedings in the ...
Стр. 19
... Trans . App . 219 , overruling Duel v . Rust , 24 Barb . 444 . j . Habitual drunkards . - So of pro- ceedings in a county court in relation to an habitual drunkard . Matter of Smith , 16 How . 567 , ( 569 ) . It is otherwise on a review ...
... Trans . App . 219 , overruling Duel v . Rust , 24 Barb . 444 . j . Habitual drunkards . - So of pro- ceedings in a county court in relation to an habitual drunkard . Matter of Smith , 16 How . 567 , ( 569 ) . It is otherwise on a review ...
Стр. 34
... Trans . App . 1 ; 4 Abb . N. S. 447 . III . UNDER SUBDIVISION 2 . a . Newly discovered evidence.- Under this section an appeal will lie from an order denying a motion for a new trial , made on the ground of newly discovered evidence ...
... Trans . App . 1 ; 4 Abb . N. S. 447 . III . UNDER SUBDIVISION 2 . a . Newly discovered evidence.- Under this section an appeal will lie from an order denying a motion for a new trial , made on the ground of newly discovered evidence ...
Стр. 76
... Trans . App . 231 , sub nom . Flora v . Carbeau . See also , under the old rule , Pugsley v . Kisselburgh , 10 N. Y. ( 6 Seld . ) , 420 ; S. C. 7 How . 402 ; Brown v . Brown , 6 N. Y. ( 6 Seld . ) , 106 ; S. C. 6 How . 320 ; Wiggins v ...
... Trans . App . 231 , sub nom . Flora v . Carbeau . See also , under the old rule , Pugsley v . Kisselburgh , 10 N. Y. ( 6 Seld . ) , 420 ; S. C. 7 How . 402 ; Brown v . Brown , 6 N. Y. ( 6 Seld . ) , 106 ; S. C. 6 How . 320 ; Wiggins v ...
Стр. 91
... trans- cript had been filed there , and the judgment was paid , both parties supposing the proceed- ings regular , the supreme court in an action to recover the money so paid , ordered a trans- cript to be filed nunc pro tunc . Roth v ...
... trans- cript had been filed there , and the judgment was paid , both parties supposing the proceed- ings regular , the supreme court in an action to recover the money so paid , ordered a trans- cript to be filed nunc pro tunc . Roth v ...
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Часто встречающиеся слова и выражения
16 Barb 21 Barb 9 Abb Aff'g S. C. affidavit alleged Am'd amended answer assignment attorney aver bail Bank Bosw Brown cause of action claim Code R. N. S. commenced common pleas complaint Comst contract corporation counterclaim damages debt defendant demand demurrer Denio Duer E. D. Smith ex rel facts fendant filed held Hilt indorsed Insurance issue Johns judge judgment jurisdiction jury justice Keyes Law and Pract matter Mayor ment motion N. Y. 2 Kern N. Y. 6 Smith N. Y. Leg order of arrest oyer and terminer party payment person plaint plaintiff pleading proceedings promissory note Railroad recover Rev'g S. C. S. C. 1 Code S. C. Aff'd S. C. Rev'd Sandf Seld sheriff special term statute statute of limitations sub nom subd sufficient suit summons supra supreme court thereof Tiff tion Trans trial Wait's Law Wend York
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Стр. 325 - The court may before or after judgment, in furtherance of justice and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party; or by correcting a mistake in the name of a party, or a mistake in any other respect...
Стр. 378 - ... to the effect that they are bound in double the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant.
Стр. 123 - 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. 264 - 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.
Стр. 467 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Стр. 139 - 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. 177 - When publication is ordered, personal service of a copy of the summons and complaint out of the state...
Стр. 141 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Стр. 153 - The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper county ; 2. When there is reason to believe that an impartial trial cannot be had therein ; 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Стр. 377 - ... forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody.