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 - 394 halaman |
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Halaman 40
... recover part in one suit , and part in another . Only one suit can be brought on an entire contract . Justice's Manual 3d ed . , 13. 16 Johns . R. 121. Smith v . Jones , 15 ib . , 229. This rule , however , is only applicable to hostile ...
... recover part in one suit , and part in another . Only one suit can be brought on an entire contract . Justice's Manual 3d ed . , 13. 16 Johns . R. 121. Smith v . Jones , 15 ib . , 229. This rule , however , is only applicable to hostile ...
Halaman 42
... recovered before the defendant as a justice of the peace . Van Vleek v . Burroughs , 6 Barb . S. C. R. 341 . Note to subd . 4. - When such proof is made he is , thereupon , required to enter a judgment of discontinuance against the ...
... recovered before the defendant as a justice of the peace . Van Vleek v . Burroughs , 6 Barb . S. C. R. 341 . Note to subd . 4. - When such proof is made he is , thereupon , required to enter a judgment of discontinuance against the ...
Halaman 45
... recover costs in the action to be brought for the same cause in the county court . If no such action be brought within thirty days after the delivery of the under- taking , the defendant's costs before the justice may be recov- ered of ...
... recover costs in the action to be brought for the same cause in the county court . If no such action be brought within thirty days after the delivery of the under- taking , the defendant's costs before the justice may be recov- ered of ...
Halaman 46
... recover costs ; if it be for the defendant , he shall recover costs , except that upon a verdict he shall pay costs to the plaintiff , unless the judge certify that the title to real property came in question on the trial . The ...
... recover costs ; if it be for the defendant , he shall recover costs , except that upon a verdict he shall pay costs to the plaintiff , unless the judge certify that the title to real property came in question on the trial . The ...
Halaman 48
... recover , without proving his case . 9 . In an action or defence , founded upon an account or an instrument for the payment of money only , it shall be sufficient for a party to deliver the account or instrument to the court , and to ...
... recover , without proving his case . 9 . In an action or defence , founded upon an account or an instrument for the payment of money only , it shall be sufficient for a party to deliver the account or instrument to the court , and to ...
Edisi yang lain - Lihat semua
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... New York,Member of the New-York Bar Pratinjau tidak tersedia - 2016 |
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... New York,Member of the New-York Bar Pratinjau tidak tersedia - 2016 |
Istilah dan frasa umum
adverse party affidavit alleged allowed amendment answer application appointed arrest attorney bail Barb brought cause of action change the place city and county city of New-York civil actions 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 damages deemed defendant defendant's demand demurrer denied entitled equity execution facts filed granted guardian held infant injunction interpleader judgment debtor jurisdiction jury justice justice's court matter ment mortgage motion note to section notice obtained oyer and terminer Paige person 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 trial named undertaking unless verdict Wend witnesses
Bagian yang populer
Halaman 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.
Halaman 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.
Halaman 136 - When a corporation is a party, the verification may be made by any officer thereof...
Halaman 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.
Halaman 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...
Halaman 65 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
Halaman 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...
Halaman 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.
Halaman 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.
Halaman 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.