First[-Fourth] Report of the Commissioners on Practice and Pleadings ...C. Van Benthuysen, public printer, 1848 - Civil procedure |
From inside the book
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Page iv
... parties before the court , their respective allegations , the trial of disputed questions of fact and of law , the summoning of witnesses , and the manner of their exa- REPORT OF THE COMMISSIONERS ON PRACTICE AND PLEADINGS . mination.
... parties before the court , their respective allegations , the trial of disputed questions of fact and of law , the summoning of witnesses , and the manner of their exa- REPORT OF THE COMMISSIONERS ON PRACTICE AND PLEADINGS . mination.
Page x
... fact , how to be tried , ... 36. Jury , how summoned , 37. Proceedings on trial by jury , 38. Juries in county court dispened with , and in general sessions , provided for , ..... TITLE V. Of the Superior Court and Court of Common Χ ...
... fact , how to be tried , ... 36. Jury , how summoned , 37. Proceedings on trial by jury , 38. Juries in county court dispened with , and in general sessions , provided for , ..... TITLE V. Of the Superior Court and Court of Common Χ ...
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... fact , ..... ..... 183 , 184 206. On issues both of law and fact , the issue of law to be first tried , 207. Trial , what , ........ 184 ..... 184 208. Issue of fact to be tried by jury , unless waived or reference or- dered , 184 209 ...
... fact , ..... ..... 183 , 184 206. On issues both of law and fact , the issue of law to be first tried , 207. Trial , what , ........ 184 ..... 184 208. Issue of fact to be tried by jury , unless waived or reference or- dered , 184 209 ...
Page 17
... fact . But , in the organi- zation of this court , it was evidently the intention of the fra- mers of the constitution , that it should be strictly an appellate court , for the re - examination and correction of erroneous de- cisions ...
... fact . But , in the organi- zation of this court , it was evidently the intention of the fra- mers of the constitution , that it should be strictly an appellate court , for the re - examination and correction of erroneous de- cisions ...
Page 32
... fact , in ordinary civil actions , ( exclu- ding the city courts and the appellate or general terms of the supreme court , ) are as follows : Circuits , as ordered for the year 1848 , 126 Special terms , 145 County courts , requiring ...
... fact , in ordinary civil actions , ( exclu- ding the city courts and the appellate or general terms of the supreme court , ) are as follows : Circuits , as ordered for the year 1848 , 126 Special terms , 145 County courts , requiring ...
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Common terms and phrases
adverse party affidavit Albany allegation Amend answer application arrest attorney bail cause of action chancery CHAPTER city and county city of New-York civil actions clerk commenced Commissioners common law common pleas complaint constitution copy costs county courts county judge county of New-York court of appeals court of chancery court of common court of sessions courts of equity courts of oyer criminal deemed defendant dollars duty examination execution existing filed forms of action grand jury indictment judgment debtor judicial jurisdiction jurors justice legislature manner ment mode necessary notice offence officer oyer and terminer plaintiff pleading practice prescribed present proceedings proposed prosecution provisional remedies provisions question read as follows real property recovery reference remedy rendered respect Revised Statutes rule served sheriff special terms suit summons superior court supreme court therein thereof tion trial by jury 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.