First[-Fourth] Report of the Commissioners on Practice and Pleadings ...C. Van Benthuysen, public printer, 1848 - Civil procedure |
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Contents
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Common terms and phrases
according action affidavit allegation allowed Amend amount answer appeal application arrest authority brought cause CHAPTER charge circuit city of New-York civil actions claim clerk commenced Commissioners complaint constitution contained continue copy costs county courts deemed defendant designed determination direct distinction dollars duties effect equity error evidence examination execution existing fact filed follows forms give given held holding interest issue judge judgment judicial jurisdiction jurors jury justice limitation manner matter means ment mode necessary notice object offence officer original party person plaintiff pleading practice prescribed present proceedings proposed provisions question real property reason record recovery reference relating remedy rendered respect rule served sheriff statute sufficient suits summons supreme court taken therein thereof tion trial tried unless whole witness writ
Popular passages
Page 194 - 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.
Page 187 - The verdict of a jury is either general or special. A general verdict Is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant: a special verdict is that by which the jury find the facts only, leaving the judgment to the court.
Page 127 - No action shall 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.
Page 160 - 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.
Page 127 - 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...
Page 194 - Judgment may be given, for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side, as between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled.
Page 128 - 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.
Page 112 - If a person entitled to bring an action mentioned in the Exceptions, last chapter, except for a penalty or forfeiture, or against a Sheriff or other officer, for an escape, be at the time the cause of action accrued, either, 1. Within the age of twenty-one years ; or, 2. Insane; or, 3. Imprisoned on a criminal charge; or, in execution under the sentence of a- criminal Court, for a term less than his natural life; the time of such disability is not a part of the time limited for the commencement of...
Page 127 - 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.
Bibliographic information
| Title | First[-Fourth] Report of the Commissioners on Practice and Pleadings ... Volumes 1-4 of First[-Fourth] Report of the Commissioners on Practice and Pleadings, New York (State). Commissioners on Practice and Pleadings |
| Author | New York (State). Commissioners on Practice and Pleadings |
| Publisher | C. Van Benthuysen, public printer, 1848 |
| Export Citation | BiBTeX EndNote RefMan |