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. vii
... claim of title , deemed to be held adversely . 101 79. Seisin within twenty years , when necessary in action or defense founded on title to or rents of real property 80. Action must be commenced within one year after entry , or within ...
... claim of title , deemed to be held adversely . 101 79. Seisin within twenty years , when necessary in action or defense founded on title to or rents of real property 80. Action must be commenced within one year after entry , or within ...
Стр. ix
... Claim and delivery of personal property . CHAPTER I. ARREST AND BAIL . CHAPTER II . CLAIM AND DELIVERY OF PERSONAL PROPERTY . CHAPTER III . INJUNCTION . PAGE . PAGE . SEC. SEC . 153. Reply ; when to be put in , and what to contain .. THE ...
... Claim and delivery of personal property . CHAPTER I. ARREST AND BAIL . CHAPTER II . CLAIM AND DELIVERY OF PERSONAL PROPERTY . CHAPTER III . INJUNCTION . PAGE . PAGE . SEC. SEC . 153. Reply ; when to be put in , and what to contain .. THE ...
Стр. xi
... claim of another party to property , or on denial of indebtedness to judgment debtor .. 573 578 294. Examination of debtors of judgment debtor , or of those having prop erty belonging to him .. 300. Reference by judge .. 578 301. Costs ...
... claim of another party to property , or on denial of indebtedness to judgment debtor .. 573 578 294. Examination of debtors of judgment debtor , or of those having prop erty belonging to him .. 300. Reference by judge .. 578 301. Costs ...
Стр. 63
... claim a return thereof , judgment for the defendant may be for a return of the property , or the value thereof in case a return cannot be had , and damages for taking and withholding the same . An execution shall be issued thereon , and ...
... claim a return thereof , judgment for the defendant may be for a return of the property , or the value thereof in case a return cannot be had , and damages for taking and withholding the same . An execution shall be issued thereon , and ...
Стр. 72
... claim is for $ 200 , and over , the justice does not lose jurisdiction ; the words " and over " being void for ... claim , as a set - off , will bring the account within the rule . Griffen v . Brown , 53 Barb . 428 ; S. C. 35 How . 372 ...
... claim is for $ 200 , and over , the justice does not lose jurisdiction ; the words " and over " being void for ... claim , as a set - off , will bring the account within the rule . Griffen v . Brown , 53 Barb . 428 ; S. C. 35 How . 372 ...
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Часто встречающиеся слова и выражения
12 Barb 28 Barb 31 Barb 9 Abb Aff'g S. C. affidavit alleged Am'd amended answer application assignment attachment attorney aver bail Bank Bosw cause of action claim Code R. N. S. commenced complaint contract corporation counterclaim creditors damages debt debtor defendant demand demurrer Duer E. D. Smith ex rel facts fendant filed granted held Hilt injunction Insurance Insurance Co issue judge judgment jurisdiction jury justice Keyes matter Mayor ment motion N. Y. 3 Kern N. Y. 6 Smith N. Y. Leg notice nunc pro tunc order of arrest Paige party person plaint plaintiff pleading proceedings promissory note Railroad recover Rev'g S. C. S. C. 1 Code S. C. 4 Abb S. C. Aff'd Sandf Seld sheriff statute sub nom subd sufficient suit summons supra supreme court sureties thereof Tiff tion Trans trial verdict Wend York York Central Railroad
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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.