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" ... 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... "
Reports of Practice Cases, Determined in the Courts of the State of New York - Page 114
1856
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Laws of the State of New York, Volume 1

New York (State) - Session laws - 1849 - 864 pages
...the failure of the defendant to answer. If judgment be for the defendant, upon an issue of law, and the taking of an account or the proof of any fact be necessary tq enable the court to complete the judgment, a reference may be ordered, or writ of inquiry issued,...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848 - 672 pages
...to answer, as prescribed by section 202. If judgment be for the defendant, upon an issue of law, and the taking of an account or the proof of any fact be necessary to enable the court to complete the judgment, a reference may be ordered as in that section provided. CHAPTER V. TRIAL BY...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...plaintiff may, upon the like proof, apply to the court, at the time and place specified in the summons, for the relief demanded in the complaint. If the taking of an account or the pro >f of any fact be necessary to enable the court to give judgment, or to carry the judgment into...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...where the summons was personally served. If judgment be for the defendant, upon an issue of law, and the taking of an account or the proof of any fact be necessary to enable the court to complete the judgment, a reference may be ordered, as in that section provided. Amended Code, ^ 269....
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...the failure of the defendant to answer. If judgment be for the defendant, upon an issue of law, and the taking of an account or the proof of any fact be necessary to enable the court to complete the judgment, a reference may be ordered, or writ of inquiry issued, as in that section provided....
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...where the summons was personally served. If judgment be for the defendant, upon an issue of law, and taking of an account, or the proof of any fact be necessary to enable the court to complete the judgment, a reference or assessment by jury may be ordered, as in that section provided....
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...where the summons was personally served. If judgment be for the defendant, upon an issue of law, and if taking of an account, or the proof of any fact, be necessary to enable the court to complete the judgment,' a reference or assessment by jury may be ordered, as in that section provided....
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...where the summons was personally served. If judgment be for the defendant, upon an issue oflaw, and if taking of an account, or the proof of any fact, be necessary to enable the court to complete the judgment, a reference or assessment by a jury may be ordered, as in that section provided....
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...plaintiff may, upon the like proof, apply to the court, after the expiration of the time for answering, for the relief demanded in the complaint. If the taking of an account or the prcof of any fact be necessary to enable the court to give judgment, or to carry the judgment into...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...the failure of the defendant to answer. If judgment be for the defendant, upon an issue of law, and the taking of an account or the proof of any fact be necessary to enable tha court to complete the judgment, * reference may be ordered, or writ of inquiry issued, as in that...
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