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 - Всего страниц: 394 |
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Стр. 12
... existing forms of proceed- ings in actions at common law , and in suits in equity , and the adoption of one new uniform course of proceeding for both , per Barculo J. , in Traver v . Traver , 3 Pr . R. 351 , 352 - and by the court in ...
... existing forms of proceed- ings in actions at common law , and in suits in equity , and the adoption of one new uniform course of proceeding for both , per Barculo J. , in Traver v . Traver , 3 Pr . R. 351 , 352 - and by the court in ...
Стр. 13
... existing judgment . " The proceeding to obtain a discovery of books , & c . , is not an action , per Sill , J. , in Follett v . Weed , 3 Pr . R. 303 , 304 , 1 Code Rep . 65 . A proceeding for partition of land is clearly an action , per ...
... existing judgment . " The proceeding to obtain a discovery of books , & c . , is not an action , per Sill , J. , in Follett v . Weed , 3 Pr . R. 303 , 304 , 1 Code Rep . 65 . A proceeding for partition of land is clearly an action , per ...
Стр. 22
... Existing statutory provisions , as to terms , & c . , repealed . 18. General terms . 19. Judgment , how given . 20. Special terms , & c . 21. Circuit and oyer and terminer together . 22. Times and places of holding courts . 23 ...
... Existing statutory provisions , as to terms , & c . , repealed . 18. General terms . 19. Judgment , how given . 20. Special terms , & c . 21. Circuit and oyer and terminer together . 22. Times and places of holding courts . 23 ...
Стр. 23
... existing so far as they were con- sistent with that act - and all laws relating to the former circuit courts , were made applicable to to the present circuit courts , so far as the same were consistent with that act . See further , 2 ...
... existing so far as they were con- sistent with that act - and all laws relating to the former circuit courts , were made applicable to to the present circuit courts , so far as the same were consistent with that act . See further , 2 ...
Стр. 27
... existing statutes . Jurisdiction . General terms . 32. Jurors . 29. [ 32. ] Repeal of existing statutes . - All statutes now in force , conferring or defining the jurisdiction of the county courts , so far as they conflict with this act ...
... existing statutes . Jurisdiction . General terms . 32. Jurors . 29. [ 32. ] Repeal of existing statutes . - All statutes now in force , conferring or defining the jurisdiction of the county courts , so far as they conflict with this act ...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... New York,Member of the New-York Bar Недоступно для просмотра - 2016 |
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... New York,Member of the New-York Bar Недоступно для просмотра - 2016 |
Часто встречающиеся слова и выражения
adverse party affidavit alleged allowed amendment answer application appointed attachment attorney bail Barb brought cause of action change the place chapter city and county city of New-York 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 creditor damages decision deemed defendant defendant's demand demurrer denied effect entitled equity execution filed former practice granted held infant injunction interpleader judgment debtor jurisdiction jury justice justice's court matter ment motion ne exeat note to section notice obtained oyer and terminer Paige 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 undertaking unless verdict Wend witnesses words
Популярные отрывки
Стр. 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.
Стр. 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.
Стр. 136 - When a corporation is a party, the verification may be made by any officer thereof...
Стр. 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.
Стр. 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...
Стр. 65 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 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.