Practice and Pleading Under the Codes, Original and Amended: With Appendix of Formsauthor. [E. O., Jenkins, printer], 1852 - Всего страниц: 869 |
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Стр. xiii
... INTEREST CLAIMED Id . Id . 820 Id . Id . 821 BY HOLDER Id . LXXI . NOTICE OF APPEAL . From Judgment to General Term To Court of Higher Jurisdiction From part of Judgment From Order 822 Id Id . 823 LXXII . UNDERTAKINGS ON APPEAL . For ...
... INTEREST CLAIMED Id . Id . 820 Id . Id . 821 BY HOLDER Id . LXXI . NOTICE OF APPEAL . From Judgment to General Term To Court of Higher Jurisdiction From part of Judgment From Order 822 Id Id . 823 LXXII . UNDERTAKINGS ON APPEAL . For ...
Стр. 16
... interest . The following are the provisions of the Code , as last amend- ed , on the subject of the important jurisdiction exercisable by this high tribunal : § 11. The court of appeals shall have exclusive jurisdiction 16 THE COURT OF ...
... interest . The following are the provisions of the Code , as last amend- ed , on the subject of the important jurisdiction exercisable by this high tribunal : § 11. The court of appeals shall have exclusive jurisdiction 16 THE COURT OF ...
Стр. 51
... interest to appear in court as such ; second , to require the presence of such parties as are necessary to make an end of the controversy ; and , third , to al- low otherwise great latitude in respect to the number of parties who may be ...
... interest to appear in court as such ; second , to require the presence of such parties as are necessary to make an end of the controversy ; and , third , to al- low otherwise great latitude in respect to the number of parties who may be ...
Стр. 52
... interest , may sue either in conjunc- tion or severally , at their election . Aliens in general are competent to sue ; but see observations in a previous part of the work as to the jurisdiction of the fed- eral courts . An alien enemy ...
... interest , may sue either in conjunc- tion or severally , at their election . Aliens in general are competent to sue ; but see observations in a previous part of the work as to the jurisdiction of the fed- eral courts . An alien enemy ...
Стр. 53
... , under which , with the exception of actions by executors or trustees as such , every action must be brought in the name of the real party in interest : establishing , as before stated , THE PARTIES TO AN ACTION . 53.
... , under which , with the exception of actions by executors or trustees as such , every action must be brought in the name of the real party in interest : establishing , as before stated , THE PARTIES TO AN ACTION . 53.
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ... Henry Whittaker Недоступно для просмотра - 2017 |
Часто встречающиеся слова и выражения
9 Barb accordingly adverse party adverse possession affidavit allegation allowed amount answer application arrest attorney averment cause of action chapter circumstances cited claim clerk Code commenced complaint Comst considered copy costs course court of appeals decision default defendant defendant's demurrer duly effect entered entitled entry of judgment equitable evidence execution facts filed former given granted ground held injunction issue joinder of issue judgment debtor jurisdiction jury justice laid matter ment nature necessary obtained old practice Oyer and Terminer payment person plaintiff pleading prescribed principle proceedings promissory note proper provisional remedy provisions purpose question real property referee reference refused relation relief remedy remittitur replevin respect Revised Statutes rule Sandf served sheriff special term stay of proceedings subdivision subsequent sufficient suit summons supreme court sureties taken thereof tion trial unless verdict witness
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Стр. 194 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, 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. 166 - 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 or prevention of private wrongs, which shall be denominated a civil action.
Стр. 735 - Before making the order the judge shall require a written undertaking on the part of the plaintiff, with or without sureties, to the effect that if the defendant recover judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least two hundred and fifty dollars.
Стр. 505 - 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. 209 - The plaintiff may unite in the same complaint several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of 1. The same transaction, or transactions connected with the same subject of action ; 2.
Стр. 416 - 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. 69 - ... notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount of the debt, or delivering the property or its value to such person as the Court may direct ; and the court may, in its discretion, make the order.
Стр. 69 - And when, in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in by the proper amendment.
Стр. 812 - That he is the petitioner herein; that he has read the foregoing petition and knows the contents thereof, and' that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Стр. 342 - 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.