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 Whole |
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Page 13
... obtain a discovery of books , & c . , is not an action , per Sill , J. , in Follett v . Weed , 3 Pr . R. 303 , 304 , 1 Code Rep . 65 . A proceeding for partition of land is clearly an action , per Harris , J. , in Backus v . Stillwell ...
... obtain a discovery of books , & c . , is not an action , per Sill , J. , in Follett v . Weed , 3 Pr . R. 303 , 304 , 1 Code Rep . 65 . A proceeding for partition of land is clearly an action , per Harris , J. , in Backus v . Stillwell ...
Page 17
... obtained after that time . Lake v . Gibson , 3 Pr . R. 420 . Upon a mere question of costs . Sherman v . Daggett , 3 Pr . R. 426 . From a decision on a motion to set aside a judgment or decree , either for irregu- larity or as matter of ...
... obtained after that time . Lake v . Gibson , 3 Pr . R. 420 . Upon a mere question of costs . Sherman v . Daggett , 3 Pr . R. 426 . From a decision on a motion to set aside a judgment or decree , either for irregu- larity or as matter of ...
Page 18
... obtained at the circuit and ordering a new trial . Duane v . Northern R. R. Co. , 3 Code Rep . 72. 4 Pr . R. 364. 3 Coms . 545 . From an order awarding or refusing an issue to be tried at law , and the granting or refusing a new trial ...
... obtained at the circuit and ordering a new trial . Duane v . Northern R. R. Co. , 3 Code Rep . 72. 4 Pr . R. 364. 3 Coms . 545 . From an order awarding or refusing an issue to be tried at law , and the granting or refusing a new trial ...
Page 40
... obtained . Mills v . Winslow , 3 Code Rep . 44. [ see , note to section 71. post . ] Note to subd . 3. [ Amended . ] The amendment consists in the omission at the end of the words " given by statute . " The supreme court in Phillips v ...
... obtained . Mills v . Winslow , 3 Code Rep . 44. [ see , note to section 71. post . ] Note to subd . 3. [ Amended . ] The amendment consists in the omission at the end of the words " given by statute . " The supreme court in Phillips v ...
Page 75
... obtained by motion , on notice , Gary v . Whit- tingham , 1 Sim . and Stu . 163 ; and unless leave was obtained , the separate answer of the wife might , on the application of the plaintiff , be ordered off the file . Perine v . Swaine ...
... obtained by motion , on notice , Gary v . Whit- tingham , 1 Sim . and Stu . 163 ; and unless leave was obtained , the separate answer of the wife might , on the application of the plaintiff , be ordered off the file . Perine v . Swaine ...
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Common terms and phrases
adverse party affidavit alleged allowed amendment answer application appointed attachment attorney bail Barb brought cause of action change the place chapter city and county city of New-York 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 creditor damages decision deemed defendant defendant's demand demurrer denied effect entitled equity execution filed former practice granted held infant injunction interpleader judgment debtor jurisdiction jury justice justice's court matter ment motion ne exeat note to section notice obtained oyer and terminer Paige 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 undertaking unless verdict Wend witnesses words
Popular passages
Page 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.
Page 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.
Page 136 - When a corporation is a party, the verification may be made by any officer thereof...
Page 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.
Page 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...
Page 65 - An action for relief, not hereinbefore provided for, must be commenced within ten years after the cause of action shall have accrued.
Page 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...
Page 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.
Page 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.
Page 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.