Reports of Practice Cases, Determined in the Courts of the State of New York, Volume 2
John Voorhies, 1856 - Civil procedure
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action affidavit alleged allowed amended amount answer appeal application appointed assignment attachment authority Barb bill bond brought Brown cause cause of action charge claim Code commenced committee Common Council complaint contract corporation costs creditors damages debt decision defendant demand denied direction discharge effect endorsement entered entitled evidence examination execution facts filed give given granted ground held injunction intent interest issue John judge judgment jurisdiction jury justice liable lien Marine Court matter meaning ment motion necessary notice objection obtained officer opinion owner paid party payment person plaintiff pleading possession present proceedings proof proper provisions purchaser question reason received recover referred refused relation residence respect rule served special term statute sufficient suit summons Supreme Court taken tion trial unless witness York
Page 453 - ... when the question is one of a common or general interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or defend for the benefit of the whole, one action SEC.
Page 523 - 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 441 - ... that may be awarded to the defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars.
Page 144 - State, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent...
Page 86 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 543 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 466 - And when the allegations of a pleading are so indefinite or uncertain that the precise nature of the charge or defence is not apparent, the court may require the pleading to be made definite and certain, by amendment.
Page 370 - In a final order affecting a substantial right, made in a special proceeding, or upon a summary application in an action, after judgment.
Page 279 - That if a suit be commenced in any state court against an alien, or by a citizen of the State in which the suit is brought against a citizen of another State...
Page 116 - ... for the relief demanded in the complaint. If the taking of an account, or the proof of any fact, is necessary to enable the court to give judgment, or to carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose.