The Code of Procedure of the State of New York: As Amended April 16, 1852, with Copious Notes and References and an Appendix Containing the Recent Ruls of the Court of Appeals, Supreme Court, Etc |
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Page x
... Examination of parties , 395 VII . Examination of witnesses , 402 VIII . Motions and orders , 410 IX . Entitling affidavits , 418 X. Computation of time , 419 XI . Notices , and filing and services of papers , 420 XII . Duties of ...
... Examination of parties , 395 VII . Examination of witnesses , 402 VIII . Motions and orders , 410 IX . Entitling affidavits , 418 X. Computation of time , 419 XI . Notices , and filing and services of papers , 420 XII . Duties of ...
Page 25
... examination before a master to whom the cause had been referred , and was denied , and an appeal then taken to the gen- eral term , where a rehearing was denied , held , not an appealable case to this court , even if the general term ...
... examination before a master to whom the cause had been referred , and was denied , and an appeal then taken to the gen- eral term , where a rehearing was denied , held , not an appealable case to this court , even if the general term ...
Page 137
... examination , and as he assumed originally to eschew the strict and technical rules of the common law , and to proceed upon the broad equities of the case , he naturally encouraged the presentment of the facts at large . Hence the ...
... examination , and as he assumed originally to eschew the strict and technical rules of the common law , and to proceed upon the broad equities of the case , he naturally encouraged the presentment of the facts at large . Hence the ...
Page 139
... examination of a defendant by bill of discovery , is now done away , and with it all occasion for resorting to the peculiar mode of pleading to which it gave rise . The granting of judicial relief must always be preceded by an ...
... examination of a defendant by bill of discovery , is now done away , and with it all occasion for resorting to the peculiar mode of pleading to which it gave rise . The granting of judicial relief must always be preceded by an ...
Page 141
... examination of a party by a bill of discovery in aid of another cause , to that of a similar examination in the same cause . " Besides , the term used is appropriate , and covers the case . A bill in chancery was described and treated ...
... examination of a party by a bill of discovery in aid of another cause , to that of a similar examination in the same cause . " Besides , the term used is appropriate , and covers the case . A bill in chancery was described and treated ...
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Common terms and phrases
adverse party affidavit alleged allowed amendment of 1851 amount answer apply appointed assignment attachment attorney bail Barb brought calendar cause of action chancery circuit court claim clerk Code Rep commenced common law common pleas complaint copy costs county court court of appeals court of chancery court of common creditor damages decision defendant defendant's demurrer denied effect entitled equity examination execution Existing suits filed granted held injunction judgment debtor jurisdiction jury justice justice's matter ment motion necessary note to section notice obtained oyer and terminer Paige payment pending person place of trial plaintiff pleading practice prescribed proceedings provisional remedy provisions question real property recover referee reference rendered residence revised statutes Sand served sheriff special term specified subdivision sufficient summons superior court supreme court supreme court rules sureties thereof tion undertaking unless verdict Wend witness words
Popular passages
Page 193 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Page 92 - 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 162 - ... 1. A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2. In an action arising on contract, any other cause of action arising also on contract, and existing at the commencement of the action.
Page 83 - 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.
Page 63 - 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 of private wrongs, which shall be denominated a civil action.
Page 94 - 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.
Page 194 - 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 119 - State, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed; 4.
Page 287 - 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 207 - ... county judge, at a specified time and place ; the time to be not less than five nor more than ten days thereafter.